Prosecution Insights
Last updated: July 17, 2026
Application No. 18/836,318

Signaling and Capability of Inter-Band SSB-Less Carrier Aggregation

Non-Final OA §103
Filed
Aug 06, 2024
Priority
Aug 09, 2023 — nonprovisional of PCTCN2023112023
Examiner
LAM, KENNETH T
Art Unit
2631
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
814 granted / 957 resolved
+23.1% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
977
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
79.5%
+39.5% vs TC avg
§102
5.0%
-35.0% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 957 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1, 3-4, 15, 17, 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2024/0235798 A1) (Ryu herein after) in view of Cho et al. (US 2024/0340820 A1) (Cho herein after). Re Claim 1, Ryu discloses an apparatus of a user equipment (UE), the apparatus comprising: one or more processors (processors, [0059]) configured to: decode, at the UE, a radio resource control (RRC) information element (IE), for a cell group configuration of a group of cells including a secondary cell (SCell) without a synchronization signal block (SSB-less) that are used for inter- band carrier aggregation (CA) (UE 120 may receive, a configuration of an SSB-less SCell. The configuration of the SSB-less SCell may indicate an anchor cell associated with the SSB-less SCell. In some aspects, the configuration of the SSB-less SCell may be included in an RRC message [0083]), wherein the RRC IE indicates a serving cell in the group of cells for the UE (The anchor cell may be another cell in the same cell group as the SSB-less SCell. In some aspects, the anchor cell may be a PCell, a PSCell, an activated SCell, or a deactivated SCell in the same cell group as the SSB-less SCell being configured [0084]); and decode, at the UE, measurements from the serving cell indicated by the RRC IE to enable the one or more processors to encode data for transmission from the UE to the SSB-less SCell based on one or more of measurements from the serving cell (UE 120 may perform RSRP measurements (for example, L1 RSRP measurements) for the plurality of downlink reference signals (for example, SSBs and/or CSI-RSs) received via the anchor cell [0088]); and a memory (memory, [0059]) coupled to the one or more processors. Ryu discloses the claimed invention except wherein the RRC IE indicates a serving cell in the group of cells for the UE to use to acquire a timing and layer 3 (L3) measurements to use for the SSB-less SCell; and decode, at the UE, the timing and L3 measurements from the serving cell indicated by the RRC IE to enable the one or more processors to encode data for transmission from the UE to the SSB-less SCell based on one or more of the timing or L3 measurements from the serving cell. However, Cho discloses radio link monitoring and reception power for a carrier without an SSB in inter-band carrier aggregation wherein PSS is used by a UE 104 to determine subframe/symbol timing and a physical layer identity. A secondary synchronization signal (SSS) may be within symbol 4 of particular subframes of a frame. The SSS is used by a UE to determine a physical layer cell identity group number and radio frame timing ([0060]); the SSB from PCell, PSCell, or SCell associated with the carrier with the SSB transmission (e.g., an anchor carrier) 502 may be used for synchronization, DL automatic gain control (AGC), or layer 1 (L1), layer 2 (L2), or layer 3 (L3) measurement on the SCell associated with the carrier without an SSB transmission (e.g., an SSB-less carrier) ([0078]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the method and system of Ryu, by making use of the technique taught by Cho, in order to improve the wireless signal reliability. Both references are within the same field of telecommunication, and in particular of carrier without an SSB in inter-band carrier aggregation, the modification does not change a fundamental operating principle of Ryu, nor does Ryu teach away from the modification (Ryu merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the method and system taught by Cho is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein the RRC IE indicates a serving cell in the group of cells for the UE to use to acquire a timing and layer 3 (L3) measurements to use for the SSB-less SCell; and decode, at the UE, the timing and L3 measurements from the serving cell indicated by the RRC IE to enable the one or more processors to encode data for transmission from the UE to the SSB-less SCell based on one or more of the timing or L3 measurements from the serving cell. Re Claim 3, the combined teachings disclose the apparatus of claim 1, Cho discloses wherein the serving cell indicated by the RRC IE comprises inter-band component carriers (CC) (Carrier aggregation may include intra-band aggregation with frequency-contiguous component carriers, intra-band aggregation with non-contiguous component carriers, or inter-band aggregation [0073]). Re Claim 4, the combined teachings disclose the apparatus of claim 1, Cho discloses wherein the serving cell indicated by the RRC IE comprises intra-band CC (Carrier aggregation may include intra-band aggregation with frequency-contiguous component carriers, intra-band aggregation with non-contiguous component carriers, or inter-band aggregation [0073]). Re Claim 15, Ryu discloses a method for inter-band carrier aggregation (CA) in a group of cells including a secondary cell (SCell) without a synchronization signal block (SSB-less), the method comprising: decoding, at the UE, a radio resource control (RRC) information element (IE), for a cell group configuration of the group of cells including the SSB-less SCell that are used for inter-band CA (UE 120 may receive, a configuration of an SSB-less SCell. The configuration of the SSB-less SCell may indicate an anchor cell associated with the SSB-less SCell. In some aspects, the configuration of the SSB-less SCell may be included in an RRC message [0083]); and decode, at the UE, measurements from the serving cell indicated by the RRC IE to enable the one or more processors to encode data for transmission from the UE to the SSB-less SCell based on one or more of measurements from the serving cell (UE 120 may perform RSRP measurements (for example, L1 RSRP measurements) for the plurality of downlink reference signals (for example, SSBs and/or CSI-RSs) received via the anchor cell [0088]). Ryu discloses the claimed invention except wherein the RRC IE indicates which serving cell in the group of cells for the UE to use to acquire a timing and layer 3 (L3) measurements to use for the SSB-less SCell; and decoding, at the UE, the timing and L3 measurements from the serving cell indicated by the RRC IE to encode data for transmission from the UE to the SSB-less SCell based on one or more of the timing or L3 measurements from the indicated serving cell. However, Cho discloses radio link monitoring and reception power for a carrier without an SSB in inter-band carrier aggregation wherein PSS is used by a UE 104 to determine subframe/symbol timing and a physical layer identity. A secondary synchronization signal (SSS) may be within symbol 4 of particular subframes of a frame. The SSS is used by a UE to determine a physical layer cell identity group number and radio frame timing ([0060]); the SSB from PCell, PSCell, or SCell associated with the carrier with the SSB transmission (e.g., an anchor carrier) 502 may be used for synchronization, DL automatic gain control (AGC), or layer 1 (L1), layer 2 (L2), or layer 3 (L3) measurement on the SCell associated with the carrier without an SSB transmission (e.g., an SSB-less carrier) ([0078]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the method and system of Ryu, by making use of the technique taught by Cho, in order to improve the wireless signal reliability. Both references are within the same field of telecommunication, and in particular of carrier without an SSB in inter-band carrier aggregation, the modification does not change a fundamental operating principle of Ryu, nor does Ryu teach away from the modification (Ryu merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the method and system taught by Cho is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein the RRC IE indicates which serving cell in the group of cells for the UE to use to acquire a timing and layer 3 (L3) measurements to use for the SSB-less SCell; and decoding, at the UE, the timing and L3 measurements from the serving cell indicated by the RRC IE to encode data for transmission from the UE to the SSB-less SCell based on one or more of the timing or L3 measurements from the indicated serving cell. Re Claim 17, the combined teachings disclose the method of claim 15, Cho discloses wherein the serving cell indicated by the RRC IE comprises inter-band component carriers (CC) or intra-band CC (Carrier aggregation may include intra-band aggregation with frequency-contiguous component carriers, intra-band aggregation with non-contiguous component carriers, or inter-band aggregation [0073]). Re Claim 45, Ryu discloses an apparatus of a user equipment (UE) operable for inter-band carrier aggregation (CA) for a group of co-located cells including a secondary cell (SCell) without a synchronization signal block (SSB-less), the apparatus comprising: one or more processors (processors, [0059]) configured to: identify, at the UE, an active serving cell in a group of cells including a secondary cell (SCell) without a synchronization signal block (SSB-less) that are used for inter-band carrier aggregation (CA) (UE 120 may receive, a configuration of an SSB-less SCell. The configuration of the SSB-less SCell may indicate an anchor cell associated with the SSB-less SCell. In some aspects, the configuration of the SSB-less SCell may be included in an RRC message [0083]), wherein the active serving cell is intra-band contiguous with component carriers (CC) in the SSB-less SCell (Carrier aggregation may include intra-band aggregation with frequency-contiguous component carriers, intra-band aggregation with non-contiguous component carriers, or inter-band aggregation [0073]); decode, at the UE, measurements from the serving cell indicated by the RRC IE to enable the one or more processors to encode data for transmission from the UE to the SSB-less SCell based on one or more of measurements from the serving cell (UE 120 may perform RSRP measurements (for example, L1 RSRP measurements) for the plurality of downlink reference signals (for example, SSBs and/or CSI-RSs) received via the anchor cell [0088]); and a memory (memory, [0059]) coupled to the one or more processors. Ryu discloses the claimed invention except decode, at the UE, timing and layer 3 (L3) measurements from the active serving cell information element (IE) to enable the one or more processors to encode data for transmission from the UE to the SSB-less SCell based on one or more of the timing or L3 measurements from the active serving cell. However, Cho discloses radio link monitoring and reception power for a carrier without an SSB in inter-band carrier aggregation wherein PSS is used by a UE 104 to determine subframe/symbol timing and a physical layer identity. A secondary synchronization signal (SSS) may be within symbol 4 of particular subframes of a frame. The SSS is used by a UE to determine a physical layer cell identity group number and radio frame timing ([0060]); the SSB from PCell, PSCell, or SCell associated with the carrier with the SSB transmission (e.g., an anchor carrier) 502 may be used for synchronization, DL automatic gain control (AGC), or layer 1 (L1), layer 2 (L2), or layer 3 (L3) measurement on the SCell associated with the carrier without an SSB transmission (e.g., an SSB-less carrier) ([0078]). Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the method and system of Ryu, by making use of the technique taught by Cho, in order to improve the wireless signal reliability. Both references are within the same field of telecommunication, and in particular of carrier without an SSB in inter-band carrier aggregation, the modification does not change a fundamental operating principle of Ryu, nor does Ryu teach away from the modification (Ryu merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the method and system taught by Cho is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein decode, at the UE, timing and layer 3 (L3) measurements from the active serving cell information element (IE) to enable the one or more processors to encode data for transmission from the UE to the SSB-less SCell based on one or more of the timing or L3 measurements from the active serving cell. Claim(s) 2, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2024/0235798 A1) (Ryu herein after) and Cho et al. (US 2024/0340820 A1) (Cho herein after), further in view of Lee et al. (US 2022/0132518 A1) (Lee herein after). Re Claim 2, the combined teachings disclose the apparatus of claim 1, except wherein the RRC IE comprises: a New Radio Absolute Radio-Frequency Channel Number value (ARFCN-ValueNR) to receive an SSB from the serving cell indicated by the ARFCN-ValueNR; or a serving cell index (SCellIndex) to identify the serving cell to use to receive the one or more of the timing or the L3 measurements from the serving cell indicated by the SCellIndex. However, Lee discloses a method and apparatus for transmitting/receiving wireless signal in wireless communication system wherein RRC Release message may include information in Table 8 below for a specific cell ID (PCI: Physical Cell ID), a specific frequency (e.g. ARFCN), or the corresponding UE. ThreshSS is a threshold for an SSB selected/reselected for paging reception, and ThreshCSIRS is a threshold for a CSI-RS selected/reselected for paging reception ([0206]). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the teachings taught by Lee with the combined teachings to further improve the wireless signal quality and to achieve the same expected results. Re Claim 16, the combined teachings disclose the method of claim 15, except wherein the RRC IE comprises: a New Radio Absolute Radio-Frequency Channel Number value (ARFCN-ValueNR) to receive an SSB from the serving cell indicated by the ARFCN-ValueNR; or a serving cell index (SCellIndex) to identify the serving cell to use to receive the one or more of the timing or the L3 measurements from the serving cell indicated by the SCellIndex. However, Lee discloses a method and apparatus for transmitting/receiving wireless signal in wireless communication system wherein RRC Release message may include information in Table 8 below for a specific cell ID (PCI: Physical Cell ID), a specific frequency (e.g. ARFCN), or the corresponding UE. ThreshSS is a threshold for an SSB selected/reselected for paging reception, and ThreshCSIRS is a threshold for a CSI-RS selected/reselected for paging reception ([0206]). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the teachings taught by Lee with the combined teachings to further improve the wireless signal quality and to achieve the same expected results. Claim(s) 5-6, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2024/0235798 A1) (Ryu herein after) and Cho et al. (US 2024/0340820 A1) (Cho herein after), further in view of Huang et al. (US 12245172 B2) (Huang herein after). Re Claim 5, the combined teachings disclose the apparatus of claim 1, except wherein the RRC IE is a Serving Cell For Timing (ServingCellForTiming) IE. However, Huang discloses a method and apparatus for transmitting/receiving wireless signal in wireless communication system wherein the UE may utilize the timing of the serving cell to derive the indexes of SSB transmitted by the target cell(s). Continuing the example from above, if the IE is broadcast in a SIB, the first field is true (i.e., the first field indicates the UE may derive the SSB index of the target cell from information provided by the serving cell), and the second field is absent, then the IE may indicate that a UE may use the timing of the serving cell (e.g., broadcast in a SIB, such as SIB4 or SIB11) to derive the SSB index of all neighbors on a frequency that is listed in the SIB or another (e.g., under InterFreqCarrierFreqInfo). Still in the example from above, if the IE is delivered in an RRCRelease dedicated message (e.g., under the MeasIdleConfig and the MeasIdleCarrierNR objects) to the UE, the first field is true, and the second field is absent, then the IE may indicate that the UE may use the timing of the serving cell (i.e., the cell from which the UE received the RRCRelease message) to derive the SSB index of all neighbors on a frequency (e.g., the frequency indicated by MeasIdleCarrierNR) (column 12 lines 37-67). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the teachings taught by Huang with the combined teachings to further improve the wireless signal quality and to achieve the same expected results. Re Claim 6, the combined teachings disclose the apparatus of claim 5, Huang discloses wherein the ServingCellForTiming IE is a subset of a CellGroupConfig->SCellConfig->SCellConfigCommon->downlinkConfigCommon- >frequencyInfoDL IE (frequency that is listed in the SIB or another (e.g., under InterFreqCarrierFreqInfo), column 12 lines 37-67). Re Claim 19, the combined teachings disclose the method of claim 15, except wherein the RRC IE is a Serving Cell For Timing (ServingCellForTiming) IE. However, Huang discloses a method and apparatus for transmitting/receiving wireless signal in wireless communication system wherein the UE may utilize the timing of the serving cell to derive the indexes of SSB transmitted by the target cell(s). Continuing the example from above, if the IE is broadcast in a SIB, the first field is true (i.e., the first field indicates the UE may derive the SSB index of the target cell from information provided by the serving cell), and the second field is absent, then the IE may indicate that a UE may use the timing of the serving cell (e.g., broadcast in a SIB, such as SIB4 or SIB11) to derive the SSB index of all neighbors on a frequency that is listed in the SIB or another (e.g., under InterFreqCarrierFreqInfo). Still in the example from above, if the IE is delivered in an RRCRelease dedicated message (e.g., under the MeasIdleConfig and the MeasIdleCarrierNR objects) to the UE, the first field is true, and the second field is absent, then the IE may indicate that the UE may use the timing of the serving cell (i.e., the cell from which the UE received the RRCRelease message) to derive the SSB index of all neighbors on a frequency (e.g., the frequency indicated by MeasIdleCarrierNR) (column 12 lines 37-67). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the teachings taught by Huang with the combined teachings to further improve the wireless signal quality and to achieve the same expected results. Re Claim 20, the combined teachings disclose the method of claim 19, Huang discloses wherein the ServingCellForTiming IE is a subset of a CellGroupConfig-> SCellConfig-> SCellConfigCommon-> downlinkConfigCommon- >frequencyInfoDL IE (frequency that is listed in the SIB or another (e.g., under InterFreqCarrierFreqInfo), column 12 lines 37-67). Allowable Subject Matter Claims 8-14, 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yuan et al. (US 2026/0089533 A1) – measurement of wireless signals Ly et al. (US 2023/0397133 A1) – DL power allocation in inter-band CA including carriers without SSB Myung et al. (US 2025/0031249 A1) – method of transmitting or receiving broadcast channel and random access channel Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH T LAM whose telephone number is (571)270-1862. The examiner can normally be reached M-F 8:30-5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S. Wang can be reached at (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KENNETH T LAM/Primary Examiner, Art Unit 2631
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Prosecution Timeline

Aug 06, 2024
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §103 (current)

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