CTFR 18/886,755 CTFR 81335 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement submitted on 02/09/2026 has been considered and made of record by the examiner. Response to Arguments 07-37 AIA Applicant's arguments filed on 03/27/2026 have been fully considered but they are not persuasive. Applicant’s Argument: The Applicant argues that Liu does not describe “transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal.” The Applicant argues that “the feedback signal comprising cross-polarization ratio information of Liu cannot be reasonably equated to “an indication of an imbalance”, because Liu’s cross-polarization information comprises a raw ratio or difference value without any requirement that this value be compared to a threshold, or that a threshold indication be transmitted.” Examiner’s Response: The examiner respectfully disagrees. The examiner asserts that as to claim 1, Liu discloses an apparatus (see Fig. 4, UE 320, page 10, line 5, Fig. 21, smart phone is a user equipment apparatus, and page 21, lines 13-17) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 21, block 902 and page 24, lines 10-11); and one or more processors coupled to the one or more memories (see Fig. 21, block 901 and page 24, lines 10-11), the one or more processors being configured to cause the apparatus to (see page 24, lines 15-18): obtain a first signal communicated according to a first polarization (see the abstract and page 2, lines 26-30); obtain a second signal communicated according to a second polarization (see the abstract and page 2, lines 26-30); and transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). In response to the applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., comparing the difference value to a threshold, or that a threshold indication be transmitted ) are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns , 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, Applicant’s argument is not persuasive. Applicant’s Argument: The Applicant argues that while Liu describes using an array antenna with two antennas having different polarization directions, this configuration does not teach or suggest the claimed arrangement of two antenna panels. Two antennas of a single array antenna in Liu are merely individual antennas with different polarization directions within the same array structure, not two distinct antenna panels, each comprising a collection of antenna elements. Examiner’s Response: The examiner respectfully disagrees. The examiner asserts that Liu discloses having an antenna array of the first polarization direction and an antenna array of the second polarization direction (see page 10, lines 20-25 and page 14, lines 17-20). The term “antenna panel” has been given its broadest reasonable interpretation. Under this interpretation, the term “antenna array” can be interpreted as an antenna panel . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 Claim s 15, 17, and 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 18/343,643 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 13 of copending Application No. 18/343,643 discloses all the subject matters claimed in claims 15, 17, and 18 of the instant application . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant Application 18/343,643 15. An apparatus configured for wireless communications, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors being configured to cause the apparatus to: transmit a first signal according to a first polarization; transmit a second signal according to a second polarization; and obtain an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal . 17. The apparatus of claim 15, wherein the first signal is associated with a first antenna panel of the apparatus and the second signal is associated with a second antenna panel of the apparatus . 18. The apparatus of claim 17, wherein each of the first antenna panel and the second antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array . 12. An apparatus for wireless communications at a network entity, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the apparatus to : transmit first downlink signaling to a wireless device according to a first set of transmission properties via a first set of one or more beams and a first antenna panel corresponding to a first polarization of the first downlink signaling and a second antenna panel corresponding to a second polarization of the first downlink signaling; receive a beam report indicating a polarization layer mismatch between the first polarization and the second polarization , the polarization layer mismatch indicating a mismatch between a first transmission rate corresponding to the first polarization and a second transmission rate corresponding to a second polarization, a mismatch between a first positioning estimation accuracy corresponding to the first polarization and a second positioning estimation accuracy corresponding to the second polarization, or both; and transmit, based at least in part on the beam report, second downlink signaling according to a second set of transmission properties via a second set of one or more beams and the first antenna panel and the second antenna panel. 13. The apparatus of claim 12, wherein the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: receive, via the beam report, an indication of a difference between a first signal strength corresponding to the first polarization and a second signal strength corresponding to the second polarization , wherein the mismatch between the first transmission rate and the second transmission rate corresponds to the difference between the first signal strength and the second signal strength. Claims 1-4, 16, and 29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 13 of copending Application No. 18/343,643 in view of Liu et al. (hereinafter, referred to as Liu) (WO 2021/088797). Claim 2 of copending Application No. 18/343,643 discloses all the subject matters claimed in claims 1 and 29 of the instant application except for obtaining a first signal communicated according to a first polarization and obtaining a second signal communicated according to a second polarization. Liu, in the same field of endeavor, discloses an apparatus (see Fig. 4, UE 320, page 10, line 5, Fig. 21, smart phone is a user equipment apparatus, see page 21, lines 13-17) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 21, block 902 and page 24, lines 10-11); and one or more processors coupled to the one or more memories (see Fig. 21, block 901 and page 24, lines 10-11), the one or more processors being configured to cause the apparatus to (see page 24, lines 15-18): obtain a first signal communicated according to a first polarization (see the abstract and page 2, lines 26-30); obtain a second signal communicated according to a second polarization (see the abstract and page 2, lines 26-30); and transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 2 of copending Application No. 18/343,643, as suggested by Liu, in order to determine the mismatch amount more accurately. Claim 2 of copending Application No. 18/343,643 also does not disclose the subject matters claimed in claims 2-4 of the instant application. As to claim 2 of the instant application, Liu discloses that the base station compares the difference between the signal strength of the first signal and the signal strength of the second signal to a threshold, to ensure that the difference satisfies the threshold (see Fig. 4, step S408 and page 11, lines 7-13). Liu does not disclose that the comparison has been performed at the UE and the indication of this comparison has been sent to the base station. However, since both actions (comparing at the UE or comparing at the base station) have the same result and the Applicant does not disclose any advantages for performing the process at the UE, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to try to modify the teachings of Liu and perform the comparison at the UE to reduce the complexity of the base station and obtain predictable results. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 2 of copending Application No. 18/343,643, as suggested by Liu, in order to determine the mismatch amount more accurately and reduce the complexity of the base station. As to claim 3 of the instant application, Liu discloses that the first signal is associated with a first antenna panel of a node and the second signal is associated with a second antenna panel of the node (see Fig. 2, see the polarized antennas and page 7, lines 15-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 2 of copending Application No. 18/343,643, as suggested by Liu, in order to increase the data throughput of the communication system. As to claim 4 of the instant application, Liu, in the same field of endeavor, discloses that each antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array (see Fig. 2, see the polarized antennas and page 7, lines 15-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 2 of copending Application No. 18/343,643, as suggested by Liu, in order to increase the data throughput of the communication system and reduce the interference. Claim 13 of copending Application No. 18/343,643 also does not disclose the subject matters claimed in claim 16 of the instant application. However, Liu, in the same field of endeavor, discloses an apparatus (see Fig. 4, base station 310, page 7, line 11, Fig. 19, base station 820, and page 22, line 10) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 19, block 822 and page 22, line 10); and one or more processors coupled to the one or more memories (see Fig. 19, block 821 and page 22, lines 10-18), the one or more processors being configured to cause the apparatus (see Fig. 19, block 821 and page 22, lines 10-18) to: transmit a first signal according to a first polarization (see the abstract and page 2, lines 26-30); transmit a second signal according to a second polarization (see the abstract and page 2, lines 26-30); and obtain an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“receive a feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). As to claim 16 of the instant application, Liu further discloses indication of the imbalance indicates that a difference between the signal strength of the first signal and the signal strength of the second signal satisfies a threshold (see Fig. 4, step S408 and page 11, lines 7-13). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 13 of copending Application No. 18/343,643, as suggested by Liu, in order to determine the best beam for performing polarization multiplexing. Instant Application 18/343,643 1. An apparatus configured for wireless communications, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors being configured to cause the apparatus to : obtain a first signal communicated according to a first polarization; obtain a second signal communicated according to a second polarization; and transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal . 2. The apparatus of claim 1, wherein the indication of the imbalance indicates that a difference between the signal strength of the first signal and the signal strength of the second signal satisfies a threshold. 3. The apparatus of claim 1, wherein the first signal is associated with a first antenna panel of a node and the second signal is associated with a second antenna panel of the node. 4. The apparatus of claim 3, wherein each of the first antenna panel and the second antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array. 15. An apparatus configured for wireless communications, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors being configured to cause the apparatus to: transmit a first signal according to a first polarization; transmit a second signal according to a second polarization; and obtain an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal . 16. The apparatus of claim 15, wherein the indication of the imbalance indicates that a difference between the signal strength of the first signal and the signal strength of the second signal satisfies a threshold. 29. A method for wireless communications by an apparatus, comprising : obtaining a first signal communicated according to a first polarization; obtaining a second signal communicated according to a second polarization; and transmitting an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal . 1. An apparatus for wireless communications at a wireless device, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the apparatus to: receive first downlink signaling according to a first set of transmission properties via a first set of one or more beams; transmit a beam report indicating a polarization layer mismatch between a first polarization of the first downlink signaling and a second polarization of the first downlink signaling , the polarization layer mismatch indicating a mismatch between a first transmission rate corresponding to the first polarization and a second transmission rate corresponding to a second polarization, a mismatch between a first positioning estimation accuracy corresponding to the first polarization and a second positioning estimation accuracy corresponding to the second polarization, or both; and receive second downlink signaling according to a second set of transmission properties via a second set of one or more beams based at least in part on the beam report. 2. The apparatus of claim 1, wherein the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: transmit, via the beam report, an indication of a difference between a first signal strength corresponding to the first polarization and a second signal strength corresponding to the second polarization, wherein the mismatch between the first transmission rate and the second transmission rate corresponds to the difference between the first signal strength and the second signal strength . 12. An apparatus for wireless communications at a network entity, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the apparatus to: transmit first downlink signaling to a wireless device according to a first set of transmission properties via a first set of one or more beams and a first antenna panel corresponding to a first polarization of the first downlink signaling and a second antenna panel corresponding to a second polarization of the first downlink signaling; receive a beam report indicating a polarization layer mismatch between the first polarization and the second polarization , the polarization layer mismatch indicating a mismatch between a first transmission rate corresponding to the first polarization and a second transmission rate corresponding to a second polarization, a mismatch between a first positioning estimation accuracy corresponding to the first polarization and a second positioning estimation accuracy corresponding to the second polarization, or both; and transmit, based at least in part on the beam report, second downlink signaling according to a second set of transmission properties via a second set of one or more beams and the first antenna panel and the second antenna panel. 13. The apparatus of claim 12, wherein the one or more processors are individually or collectively operable to execute the code to cause the apparatus to: receive, via the beam report, an indication of a difference between a first signal strength corresponding to the first polarization and a second signal strength corresponding to the second polarization , wherein the mismatch between the first transmission rate and the second transmission rate corresponds to the difference between the first signal strength and the second signal strength. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 1-4, 15-18, and 29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7 and 16 of copending Application No. 18/500,748 in view of Liu. Claim 7 of copending Application No. 18/500,748 discloses all the subject matters claimed in claims 1 and 29 of the instant application except for obtaining a first signal communicated according to a first polarization; obtaining a second signal communicated according to a second polarization; and transmitting the indication of the imbalance. Liu, in the same field of endeavor, discloses an apparatus (see Fig. 4, UE 320, page 10, line 5, Fig. 21, smart phone is a user equipment apparatus, and page 21, lines 13-17) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 21, block 902 and page 24, lines 10-11); and one or more processors coupled to the one or more memories (see Fig. 21, block 901 and page 24, lines 10-11), the one or more processors being configured to cause the apparatus to (see page 24, lines 15-18): obtain a first signal communicated according to a first polarization (see the abstract and page 2, lines 26-30); obtain a second signal communicated according to a second polarization (see the abstract and page 2, lines 26-30); and transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 7 of copending Application No. 18/500,748, as suggested by Liu, in order to determine the mismatch amount more accurately and make the base station aware of the mismatch. Claim 7 of copending Application No. 18/500,748 also does not disclose the subject matters claimed in claims 2-4 of the instant application. As to claim 2 of the instant application, Liu discloses that the base station compares the difference between the signal strength of the first signal and the signal strength of the second signal to a threshold to ensure that the difference satisfies the threshold (see Fig. 4, step S408 and page 11, lines 7-13). Liu does not disclose that the comparison has been performed at the UE and the indication of this comparison has been sent to the base station. However, since both actions (comparing at the UE or comparing at the base station) have the same result and the Applicant does not disclose any advantages for performing the process at the UE, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to try to modify the teachings of Liu and perform the comparison at the UE to reduce the complexity of the base station and obtain predictable results. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 7 of copending Application No. 18/500,748, as suggested by Liu, in order to determine the mismatch amount more accurately and reduce the complexity of the base station. As to claim 3 of the instant application, Liu discloses that the first signal is associated with a first antenna panel of a node and the second signal is associated with a second antenna panel of the node (see Fig. 2, see the polarized antennas and page 7, lines 15-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 7 of copending Application No. 18/500,748, as suggested by Liu, in order to increase the data throughput of the communication system. As to claim 4 of the instant application, Liu, in the same field of endeavor, discloses that each antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array (see Fig. 2, see the polarized antennas and page 7, lines 15-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 7 of copending Application No. 18/500,748, as suggested by Liu, in order to increase the data throughput of the communication system and reduce the interference. Regarding claim 15 of the instant application, claim 16 of copending Application No. 18/500,748 does not disclose that the base station obtains an indication of the imbalance. Liu, in the same field of endeavor, discloses an apparatus (see Fig. 4, base station 310, page 7, line 11, Fig. 19, base station 820, and see page 22, line 10) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 19, block 822 and page 22, line 10); and one or more processors coupled to the one or more memories (see Fig. 19, block 821 and page 22, lines 10-18), the one or more processors being configured to cause the apparatus (see Fig. 19, block 821 and page 22, lines 10-18) to: transmit a first signal according to a first polarization (see the abstract and page 2, lines 26-30); transmit a second signal according to a second polarization (see the abstract and page 2, lines 26-30); and obtain an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 16 of copending Application No. 18/500,748, as suggested by Liu, in order to determine the mismatch amount more accurately and make the base station aware of the mismatch to improve the performance of the communication system. Claim 16 of copending Application No. 18/500,748 also does not disclose the subject matters claimed in claims 16-18 of the instant application. However, as to claim 16 of the instant application, Liu further discloses indication of the imbalance indicates that a difference between the signal strength of the first signal and the signal strength of the second signal satisfies a threshold (see Fig. 4, step S408 and page 11, lines 7-13). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 16 of copending Application No. 18/500,748, as suggested by Liu, in order to determine the best beam for performing polarization multiplexing. As to claim 17 of the instant application, Liu further discloses that the first signal is associated with a first antenna panel of the apparatus and the second signal is associated with a second antenna panel of the apparatus (see Fig. 2, see the polarized antennas and page 7, lines 15-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 16 of copending Application No. 18/500,748, as suggested by Liu, in order to increase throughput of the system. As to claim 18 of the instant application, Liu further discloses that each antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array (see Fig. 2, see the polarized antennas and page 7, lines 15-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 16 of copending Application No. 18/500,748, as suggested by Liu, in order to increase throughput of the system. Instant Application 18/500,748 1. An apparatus configured for wireless communications, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors being configured to cause the apparatus to : obtain a first signal communicated according to a first polarization; obtain a second signal communicated according to a second polarization; and transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal . 2. The apparatus of claim 1, wherein the indication of the imbalance indicates that a difference between the signal strength of the first signal and the signal strength of the second signal satisfies a threshold. 3. The apparatus of claim 1, wherein the first signal is associated with a first antenna panel of a node and the second signal is associated with a second antenna panel of the node. 4. The apparatus of claim 3, wherein each of the first antenna panel and the second antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array. 15. An apparatus configured for wireless communications, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors being configured to cause the apparatus to: transmit a first signal according to a first polarization; transmit a second signal according to a second polarization; and obtain an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal . 16. The apparatus of claim 15, wherein the indication of the imbalance indicates that a difference between the signal strength of the first signal and the signal strength of the second signal satisfies a threshold. 17. The apparatus of claim 15, wherein the first signal is associated with a first antenna panel of the apparatus and the second signal is associated with a second antenna panel of the apparatus. 18. The apparatus of claim 17, wherein each of the first antenna panel and the second antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array. 29. A method for wireless communications by an apparatus, comprising : obtaining a first signal communicated according to a first polarization; obtaining a second signal communicated according to a second polarization; and transmitting an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal . 1. An apparatus for wireless communication at a user equipment (UE), comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor, individually or in any combination, is configured to: perform at least one polarization imbalance measurement of at least one signal transmission , wherein the at least one polarization imbalance measurement is associated with an external covering or case of the UE; switch to a set of beam weights for communication between the UE and a network node for mitigation of a polarization imbalance associated with the at least one polarization imbalance measurement; and communicate, with the network node, based on the set of beam weights. 5. The apparatus of claim 1, wherein the set of beam weights includes at least one of a first beam weight associated with a first polarization or a second beam weight associated with a second polarization that is orthogonal to the first polarization. 6. The apparatus of claim 5, wherein at least one of the first beam weight or the second beam weight is associated with a UE beam that corresponds to a respective network node beam for the communication. 7. The apparatus of claim 6, wherein the at least one signal transmission includes one or more reference signals, wherein the at least one polarization imbalance measurement is associated with a signal strength difference across the first polarization and the second polarization of the one or more reference signals . 13. An apparatus for wireless communication at a network node, comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor, individually or in any combination, is configured to: transmit, for a user equipment (UE), at least one signal transmission for at least one polarization imbalance measurement associated with an external covering or case of the UE; receive, from the UE, a beamforming indication indicative of a request to switch to a set of beam weights for mitigation of a polarization imbalance associated with the at least one polarization imbalance measurement; and communicate, with the UE, based on the set of beam weights. 15. The apparatus of claim 13, wherein the set of beam weights includes at least one of a first beam weight associated with a first polarization or a second beam weight associated with a second polarization that is orthogonal to the first polarization. 16. The apparatus of claim 15, wherein at least one of the first beam weight or the second beam weight is associated with a UE beam that corresponds to a respective network node beam for the communication; wherein the at least one signal transmission includes one or more reference signals, wherein the at least one polarization imbalance measurement is associated with a signal strength difference across the first polarization and the second polarization of the one or more reference signals ; or wherein the at least one polarization imbalance measurement is based on at least one of a material composition of the external covering or case, a dielectric constant of the external covering or case, a material thickness of the external covering or case, a carrier frequency range of operation, a set of housing properties of the UE, a UE antenna array dimension, inter-antenna element spacings at the UE, one or more steered beam properties, or a direction of interest associated with beamforming. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 31 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As to claim 31, the limitation “cause the apparatus to obtain the second reference signal based on transmission of the indication of the imbalance” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1, 3, 4, 15-18, and 29 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Liu et al. (hereinafter, referred to as Liu) (WO 2021/088797) . As to claims 1 and 29, Liu discloses an apparatus (see Fig. 4, UE 320, page 10, line 5, Fig. 21, smart phone is a user equipment apparatus, and page 21, lines 13-17) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 21, block 902 and page 24, lines 10-11); and one or more processors coupled to the one or more memories (see Fig. 21, block 901 and page 24, lines 10-11), the one or more processors being configured to cause the apparatus to (see page 24, lines 15-18): obtain a first signal communicated according to a first polarization (see the abstract and page 2, lines 26-30); obtain a second signal communicated according to a second polarization (see the abstract and page 2, lines 26-30); and transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). As to claim 3, Liu discloses that the first signal is associated with a first antenna panel of a node and the second signal is associated with a second antenna panel of the node (see Fig. 2, see the polarized antennas and page 7, lines 15-21). As to claim 4, Liu discloses that each antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array (see Fig. 2, see the polarized antennas and page 7, lines 15-21). As to claim 15, Liu discloses an apparatus (see Fig. 4, base station 310, page 7, line 11, Fig. 19, base station 820, and page 22, line 10) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 19, block 822 and page 22, line 10); and one or more processors coupled to the one or more memories (see Fig. 19, block 821 and page 22, lines 10-18), the one or more processors being configured to cause the apparatus (see Fig. 19, block 821 and page 22, lines 10-18) to: transmit a first signal according to a first polarization (see the abstract and page 2, lines 26-30); transmit a second signal according to a second polarization (see the abstract and page 2, lines 26-30); and obtain an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). As to claim 16, Liu discloses indication of the imbalance indicates that a difference between the signal strength of the first signal and the signal strength of the second signal satisfies a threshold (see Fig. 4, step S408 and page 11, lines 7-13). As to claim 17, Liu discloses that the first signal is associated with a first antenna panel of the apparatus and the second signal is associated with a second antenna panel of the apparatus (see Fig. 2, see the polarized antennas and page 7, lines 15-21). As to claim 18, Liu discloses that each antenna panel comprises: a uni-polarized antenna array; or a dual-polarized antenna array (see Fig. 2, see the polarized antennas and page 7, lines 15-21) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Liu . As to claim 2, Liu discloses that the base station compares the difference between the signal strength of the first signal and the signal strength of the second signal to a threshold to ensure that the difference satisfies the threshold (see Fig. 4, step S408 and page 11, lines 7-13). Liu does not disclose that the comparison has been performed at the UE and the indication of this comparison has been sent to the base station. However, since both actions (comparing at the UE or comparing at the base station) have the same result and the Applicant does not disclose any advantages for performing the process at the UE, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to try to modify the teachings of Liu and perform the comparison at the UE to reduce the complexity of the base station and obtain predictable results . 07-21-aia AIA Claim s 13, 14, 26, 27, 30, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Wei et al. (hereinafter, referred to as Wei) (WO 2012/009933) . As to claim 13, Liu discloses obtaining a first reference signal and obtaining a second reference signal (see Fig. 2, all the polarized antennas shown, see page 7, line 15 – page 8, line 1, Fig. 5A, and page 8, lines 24-29). Liu discloses all the subject matters claimed in claim 13, except for transmitting an indication of a respective observed time difference of arrival associated with each of the first reference signal and the second reference signal. Wei, in the same field of endeavor, discloses a communication system comprising a base station and a UE (see Fig. 2). Wei further discloses that the UE transmits an indication of a respective observed time difference of arrival associated with each of the first reference signal and the second reference signal (see page 4, lines 9-10 and page 5, lines 11-14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Liu, as suggested by Wei, in order to accurately determine the distance between the base station and the UE and increase the performance of the communication system. As to claim 14, Liu discloses that the first reference signal is associated with a first antenna panel of a node and the second reference signal is associated with a second antenna panel of the node (see Fig. 2, all the polarized antennas shown, see page 7, line 15 – page 8, line 1, Fig. 5A, and page 8, lines 24-29). As to claim 26, Liu discloses transmitting a first reference signal and transmitting a second reference signal (see Fig. 2, all the polarized antennas shown, see page 7, line 15 – page 8, line 1, Fig. 5A, and page 8, lines 24-29). Liu discloses all the subject matters claimed in claim 26, except for obtaining an indication of a respective observed time difference of arrival associated with each of the first reference signal and the second reference signal. Wei, in the same field of endeavor, discloses a communication system comprising a base station and a UE (see Fig. 2). Wei further discloses that the UE transmits an indication of a respective observed time difference of arrival associated with each of the first reference signal and the second reference signal (see page 4, lines 9-10 and page 5, lines 11-14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Liu, as suggested by Wei, in order to accurately determine the distance between the base station and the UE and increase the performance of the communication system. As to claim 27, Liu discloses that the first reference signal is associated with a first antenna panel of a node and the second reference signal is associated with a second antenna panel of the node (see Fig. 2, all the polarized antennas shown, see page 7, line 15 – page 8, line 1, Fig. 5A, and page 8, lines 24-29). As to claim 30, Liu discloses an apparatus (see Fig. 4, UE 320, page 10, line 5, Fig. 21, smart phone is a user equipment apparatus, and page 21, lines 13-17) configured for wireless communications (see page 1, lines 9-10), comprising: one or more memories (see Fig. 21, block 902 and page 24, lines 10-11); and one or more processors coupled to the one or more memories (see Fig. 21, block 901 and page 24, lines 10-11), the one or more processors being configured to cause the apparatus to (see page 24, lines 15-18): obtain a first signal communicated according to a first polarization (see the abstract and page 2, lines 26-30); obtain a second signal communicated according to a second polarization (see the abstract and page 2, lines 26-30); and transmit an indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal (see the abstract (“feedback signal from the terminal side device, wherein the feedback comprises beam identification information and cross-polarization ratio information ”), page 10, lines 8-27 (“It can be seen that the cross polarization ratio in fact, is the ratio of the received power of the first polarization transmission beam to the second polarization transmission beam, or the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam .”), and page 14, lines 17-22, where the “cross-polarization ratio information” is interpreted as the indication of an imbalance between a signal strength of the first signal and a signal strength of the second signal, because it indicates the difference between the RSRP (Reference Signal Received Power (strength)) of the first polarization transmission beam and the RSRP of the second polarization transmission beam). Liu also discloses obtaining a first reference signal and obtaining a second reference signal (see Fig. 2, all the polarized antennas shown, see page 7, line 15 – page 8, line 1, Fig. 5A, and page 8, lines 24-29). Liu further discloses that the first reference signal is associated with a first antenna panel of a node and the second reference signal is associated with a second antenna panel of the node (see Fig. 2, all the polarized antennas shown, see page 7, line 15 – page 8, line 1, Fig. 5A, and page 8, lines 24-29). Liu discloses all the subject matters claimed in claim 30, except for transmitting an indication of a respective observed time difference of arrival associated with each of the first reference signal and the second reference signal. Wei, in the same field of endeavor, discloses a communication system comprising a base station and a UE (see Fig. 2). Wei further discloses that the UE transmits an indication of a respective observed time difference of arrival associated with each of the first reference signal and the second reference signal (see page 4, lines 9-10 and page 5, lines 11-14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Liu, as suggested by Wei, in order to accurately determine the distance between the base station and the UE and increase the performance of the communication system. As to claim 32, Liu shows that a first center of the first antenna panel of the node is separated from a second center of the second antenna panel of the node by a distance (see Fig. 19, there is a space between antennas 810) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 5, 7-12, 19, 21-25, and 28 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 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEILA MALEK whose telephone number is (571)272-8731. The examiner can normally be reached Monday-Friday 8:30am-4:30pm. 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, Chieh Fan can be reached at 571-272-3042. 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. LEILA . MALEK Examiner Art Unit 2632 /LEILA MALEK/Primary Examiner, Art Unit 2632 Application/Control Number: 18/886,755 Page 2 Art Unit: 2632 Application/Control Number: 18/886,755 Page 3 Art Unit: 2632 Application/Control Number: 18/886,755 Page 4 Art Unit: 2632 Application/Control Number: 18/886,755 Page 5 Art Unit: 2632 Application/Control Number: 18/886,755 Page 6 Art Unit: 2632 Application/Control Number: 18/886,755 Page 7 Art Unit: 2632 Application/Control Number: 18/886,755 Page 8 Art Unit: 2632 Application/Control Number: 18/886,755 Page 9 Art Unit: 2632 Application/Control Number: 18/886,755 Page 10 Art Unit: 2632 Application/Control Number: 18/886,755 Page 12 Art Unit: 2632 Application/Control Number: 18/886,755 Page 13 Art Unit: 2632 Application/Control Number: 18/886,755 Page 14 Art Unit: 2632 Application/Control Number: 18/886,755 Page 15 Art Unit: 2632 Application/Control Number: 18/886,755 Page 16 Art Unit: 2632 Application/Control Number: 18/886,755 Page 17 Art Unit: 2632 Application/Control Number: 18/886,755 Page 18 Art Unit: 2632 Application/Control Number: 18/886,755 Page 19 Art Unit: 2632 Application/Control Number: 18/886,755 Page 20 Art Unit: 2632 Application/Control Number: 18/886,755 Page 21 Art Unit: 2632 Application/Control Number: 18/886,755 Page 22 Art Unit: 2632 Application/Control Number: 18/886,755 Page 23 Art Unit: 2632 Application/Control Number: 18/886,755 Page 24 Art Unit: 2632 Application/Control Number: 18/886,755 Page 25 Art Unit: 2632 Application/Control Number: 18/886,755 Page 26 Art Unit: 2632 Application/Control Number: 18/886,755 Page 27 Art Unit: 2632 Application/Control Number: 18/886,755 Page 28 Art Unit: 2632 Application/Control Number: 18/886,755 Page 29 Art Unit: 2632 Application/Control Number: 18/886,755 Page 30 Art Unit: 2632 Application/Control Number: 18/886,755 Page 31 Art Unit: 2632 Application/Control Number: 18/886,755 Page 32 Art Unit: 2632 Application/Control Number: 18/886,755 Page 33 Art Unit: 2632 Application/Control Number: 18/886,755 Page 34 Art Unit: 2632 Application/Control Number: 18/886,755 Page 35 Art Unit: 2632 Application/Control Number: 18/886,755 Page 36 Art Unit: 2632 Application/Control Number: 18/886,755 Page 37 Art Unit: 2632 Application/Control Number: 18/886,755 Page 38 Art Unit: 2632 Application/Control Number: 18/886,755 Page 39 Art Unit: 2632 Application/Control Number: 18/886,755 Page 40 Art Unit: 2632 Application/Control Number: 18/886,755 Page 41 Art Unit: 2632 Application/Control Number: 18/886,755 Page 42 Art Unit: 2632 Application/Control Number: 18/886,755 Page 43 Art Unit: 2632
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