DETAILED ACTION
1. Claims 1-20 have been examined and are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on 1/28/2025 and 4/15/2025 have been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
5. The drawings were received on 11/01/2024. These drawings are accepted.
Specification
6. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. 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.
10. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
11. Claims 1-10 and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication 2026/0019983 A1 to Xiong et al. (hereinafter “Xiong”), claiming benefit to and fully supported by provisionally-filed application 63/482687, filed on February 1, 2023 in view of United States Patent Application Publication 2023/0208578 A1 to Liu et al. (hereinafter “Liu”).
Regarding Claim 1, Xiong discloses a method comprising:
transmitting, by a wireless device, a message comprising a field indicating capability associated with one or more bands for a guard period of sounding reference signal (SRS) bandwidth aggregation (Xiong: [0225] – “In some other aspects, when configured by higher layers for transmission of SRS for positioning with bandwidth aggregation, there may be guard PRBs causing gaps in the frequency domain between two adjacent intra-band contiguous component carriers, and a UE may be expected to maintain phase continuity and/or power consistency as long as the number of guard PRBs is no larger than ‘N’. The value of ‘N’ may be defined as a function of subcarrier spacing (SCS) or determined based on an absolute guard band size (e.g., in MHz). Additionally, or alternatively, the value(s) of ‘N’ may be reported as UE capability from a list of candidate values.”);
receiving one or more configuration parameters indicating at least two SRS resources for SRS bandwidth aggregation of at least two component carriers (Xiong: [0061], [0116], [0142-0147] – corresponds to receiving a configuration comprising information related to UL and/or DL resources for SRS bandwidth aggregation for a plurality of component carriers (CCs).).
Although Xiong discloses gap between switching of component carriers (Xiong: [0125], [0145]), Xiong does not expressly disclose based on at least one of the at least two component carriers lacking a configured uplink channel, determining not to receive one or more downlink transmissions via the one or more bands during the guard period.
However, this feature cannot be considered new or novel in view of Liu. Liu is similarly concerned with carrier aggregation and transmission/reception of sounding reference signals (SRS, Liu: [0005]). Liu further discloses based on at least one of the at least two component carriers lacking a configured uplink channel, determining not to receive one or more downlink transmissions via the one or more bands during the guard period (Liu: [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap. These rules are applied when the UE is configured or not configured with uplink carrier aggregation and therefore meets the required limitation.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine not to receive one or more downlink transmissions via the one or more bands during the guard period based on at least one of the at least two component carriers lacking a configured uplink channel for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 2, the combination of Xiong and Liu discloses the method of claim 1, wherein Xiong discloses the message indicates whether simultaneous transmission and reception is supported (Xiong: Abstract: “The RRC signaling includes UE capability information, indicating the UE supports one or both of DL PRS bandwidth aggregation and UL SRS for positioning bandwidth aggregation.” See also [0275].).
Regarding Claim 3, the combination of Xiong and Liu discloses the method of claim 1, wherein Liu further discloses the one or more downlink transmissions via the one or more bands do not overlap in time with the guard period of SRS bandwidth aggregation and the at least two SRS resources (Liu: [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap. There is no overlap, since there is no transmission.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine an overlap of resources during a gap period for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 4, the combination of Xiong and Liu discloses the method of claim 1, wherein Xiong discloses the one or more configuration parameters further indicate the one or more downlink transmissions via the one or more bands (Xiong: [0125-0128] – as part of NR-DL PRS-PositioningFrequencyLayer, NR-DL PRS-ResourceSet, or NR-DL PRS-Resource or as a separate higher layer parameter, one or more downlink transmissions is provisioned/configured for two carriers with bandwidth aggregation.).
Regarding Claim 5, the combination of Xiong and Liu discloses the method of claim 1, wherein Liu further discloses the guard period, a first SRS resource of the at least two SRS resources, and a second SRS resource of the at least two SRS resources do not overlap in time with the one or more downlink transmissions via the one or more bands (Liu: [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap. There is no overlap, since there is no transmission in the gap period.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine an overlap of resources during a gap period for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 6, the combination of Xiong and Liu discloses the method of claim 1, wherein Xiong discloses the at least one of the at least two component carriers is a physical uplink shared channel (PUSCH) or a physical uplink control channel (PUCCH) (Xiong: [0218] – one of the carriers may be one of at least PUSCH, PUCCH, PRACH, DMRS, and PT-RS.).
Regarding Claim 7, the combination of Xiong and Liu discloses the method of claim 1, wherein Liu further discloses the determining not to receive comprises disabling reception of the one or more downlink transmissions based on the message indicating that simultaneous transmission and reception is not supported (Liu: [0192], [0230] – an interruption of a downlink signal may occur if the UE is not capable of simultaneous aggregated cell transmission and reception.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine not to receive comprises disabling reception of the one or more downlink transmissions based on the message indicating that simultaneous transmission and reception is not supported for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 8, Xiong discloses a method comprising:
transmitting, by a wireless device, a message comprising a field indicating whether simultaneous transmission and reception is supported for one or more bands for a guard period of sounding reference signal (SRS) bandwidth aggregation of at least two component carriers (Xiong: [0225] – “In some other aspects, when configured by higher layers for transmission of SRS for positioning with bandwidth aggregation, there may be guard PRBs causing gaps in the frequency domain between two adjacent intra-band contiguous component carriers, and a UE may be expected to maintain phase continuity and/or power consistency as long as the number of guard PRBs is no larger than ‘N’. The value of ‘N’ may be defined as a function of subcarrier spacing (SCS) or determined based on an absolute guard band size (e.g., in MHz). Additionally, or alternatively, the value(s) of ‘N’ may be reported as UE capability from a list of candidate values.” Abstract – “The RRC signaling includes UE capability information, indicating the UE supports one or both of DL PRS bandwidth aggregation and UL SRS for positioning bandwidth aggregation.” [0115-0116] – DL SRS and SRS may be simultaneous, wherein this configuration would be based on the UE capabilities.);
receiving one or more configuration parameters indicating at least two SRS resources for SRS bandwidth aggregation of the at least two component carriers (Xiong: [0061], [0116], [0142-0147] – corresponds to receiving a configuration comprising information related to UL and/or DL resources for SRS bandwidth aggregation for a plurality of component carriers (CCs).).
Although Xiong discloses gap between switching of component carriers (Xiong: [0125], [0145]), Xiong does not expressly disclose based on at least one of the at least two component carriers lacking a configured uplink channel, applying the guard period to one or more downlink channels for the one or more bands.
However, this feature cannot be considered new or novel in view of Liu. Liu is similarly concerned with carrier aggregation and transmission/reception of sounding reference signals (SRS, Liu: [0005]). Liu further discloses based on at least one of the at least two component carriers lacking a configured uplink channel, applying the guard period to one or more downlink channels for the one or more bands (Liu: [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap (thus, having been applied). These rules are applied when the UE is configured or not configured with uplink carrier aggregation and therefore meets the required limitation.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to applying the guard period to one or more downlink channels for the one or more bands based on at least one of the at least two component carriers lacking a configured uplink channel, for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 9, the combination of Xiong and Liu discloses the method of claim 8, wherein Xiong discloses further comprising transmitting SRS via the at least two SRS resources (Xiong: [0114-0118] – one example allows “SRSs are simultaneously transmitted across two intra-band contiguous carriers to form a wide band for SRS transmission” or “In NR, DL PRS and SRS for positioning are transmitted within a carrier. To allow simultaneous transmission of DL PRS and SRS for positioning across intra-band contiguous carriers, specific designs may need to be considered on the configuration and triggering mechanism for bandwidth aggregation.”).
Regarding Claim 10, the combination of Xiong and Liu discloses the method of claim 9, wherein Xiong discloses the transmitting the SRS comprises transmitting the SRS in an RRC inactive state (Xiong: [0146-0147] – SRS transmission occurs in an RRC_INACTIVE state.).
Regarding Claim 12, the combination of Xiong and Liu discloses the method of claim 8, wherein Xiong further discloses the one or more configuration parameters further indicate one or more downlink transmissions via the one or more bands (Xiong: [0125-0128] – as part of NR-DL PRS-PositioningFrequencyLayer, NR-DL PRS-ResourceSet, or NR-DL PRS-Resource or as a separate higher layer parameter, one or more downlink transmissions is provisioned/configured for two carriers with bandwidth aggregation.).
Regarding Claim 13, the combination of Xiong and Liu discloses the method of claim 8, wherein Liu further discloses the applying the guard period to the one or more downlink channels is for one or more downlink transmissions via the one or more bands that do not overlap in time with the guard period of SRS bandwidth aggregation and the at least two SRS resources (Liu: [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap. There is no overlap, since there is no transmission in the gap period.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine an overlap of resources during a gap period for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 14, the combination of Xiong and Liu discloses the method of claim 8, wherein Xiong discloses the at least one of the at least two component carriers is a physical uplink shared channel (PUSCH) or a physical uplink control channel (PUCCH) (Xiong: [0218] – one of the carriers may be one of at least PUSCH, PUCCH, PRACH, DMRS, and PT-RS.).
Regarding Claim 15, the combination of Xiong and Liu discloses the method of claim 8, wherein Liu further discloses determining not to receive one or more downlink transmissions via the one or more bands during the guard period, wherein the determining not to receive one or more downlink transmissions via the one or more bands during the guard period comprises the applying the guard period to one or more downlink channels for the one or more bands (Liu: [0192], [0230] – an interruption of a downlink signal may occur if the UE is not capable of simultaneous aggregated cell transmission and reception. See also [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap. These rules are applied when the UE is configured or not configured with uplink carrier aggregation and therefore meets the required limitation.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine not to receive comprises disabling reception of the one or more downlink transmissions based on the message indicating that simultaneous transmission and reception is not supported for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 16, Xiong discloses a method comprising:
receiving, by a base station, a message comprising a field indicating capability
associated with one or more bands for a guard period of sounding reference signal (SRS) bandwidth aggregation (Xiong: [0225] – “In some other aspects, when configured by higher layers for transmission of SRS for positioning with bandwidth aggregation, there may be guard PRBs causing gaps in the frequency domain between two adjacent intra-band contiguous component carriers, and a UE may be expected to maintain phase continuity and/or power consistency as long as the number of guard PRBs is no larger than ‘N’. The value of ‘N’ may be defined as a function of subcarrier spacing (SCS) or determined based on an absolute guard band size (e.g., in MHz). Additionally, or alternatively, the value(s) of ‘N’ may be reported as UE capability from a list of candidate values.” See also Abstract and [0275] for details regarding signaling between a UE and a base station comprising capability information.);
transmitting one or more configuration parameters indicating at least two SRS
resources for SRS bandwidth aggregation of at least two component carriers (Xiong: [0061], [0116], [0142-0147] – corresponds to transmitting a configuration comprising information related to UL and/or DL resources for SRS bandwidth aggregation for a plurality of component carriers (CCs).).
Although Xiong discloses gap between switching of component carriers (Xiong: [0125], [0145]), Xiong does not expressly disclose based on at least one of the at least two component carriers lacking a configured uplink channel, determining not to receive one or more downlink transmissions via the one or more bands during the guard period.
However, this feature cannot be considered new or novel in view of Liu. Liu is similarly concerned with carrier aggregation and transmission/reception of sounding reference signals (SRS, Liu: [0005]). Liu further discloses based on at least one of the at least two component carriers lacking a configured uplink channel, determining not to receive one or more downlink transmissions via the one or more bands during the guard period (Liu: [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap. These rules are applied when the UE is configured or not configured with uplink carrier aggregation and therefore meets the required limitation.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine not to receive one or more downlink transmissions via the one or more bands during the guard period based on at least one of the at least two component carriers lacking a configured uplink channel for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 17, the combination of Xiong and Liu discloses the method of claim 15, wherein Xiong discloses further comprising determining the at least two SRS resources are linked for bandwidth aggregation based on the at least two SRS resources belonging to a plurality of SRS resource sets that are linked for bandwidth aggregation (Xiong: [0133], [0149-0150] – “For semi-persistent SRS transmission for positioning, when bandwidth aggregation is configured for an activated SRS resource set, SRS is transmitted across intra-band contiguous carriers. Similarly, for aperiodic SRS transmission for positioning, when bandwidth aggregation is configured for triggered SRS resource set, SRS is transmitted across intra-band contiguous carriers.”).
Regarding Claim 18, the combination of Xiong and Liu discloses the method of claim 15, wherein Liu further discloses further comprising receiving a second message indicating the guard period for SRS bandwidth aggregation (Liu: [0276-0277], [0379] – corresponds to receiving information for a retuning time (a switching time) for different CC/band pairs.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to receive a second message indicating the guard period for SRS bandwidth aggregation for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
Regarding Claim 19, the combination of Xiong and Liu discloses the method of claim 15, wherein Xiong discloses further comprising receiving SRS via the at least two SRS resources (Xiong: [0114-0118] – one example allows “SRSs are simultaneously transmitted across two intra-band contiguous carriers to form a wide band for SRS transmission” or “In NR, DL PRS and SRS for positioning are transmitted within a carrier. To allow simultaneous transmission of DL PRS and SRS for positioning across intra-band contiguous carriers, specific designs may need to be considered on the configuration and triggering mechanism for bandwidth aggregation.”).
Regarding Claim 20, the combination of Xiong and Liu discloses the method of claim 15, wherein Liu further discloses the at least two SRS resources do not overlap in frequency with the one or more downlink transmissions (Liu: [0177-0182] – during an SRS gap (a retuning time, switching time, SRS switching), the UE does not perform PUSCH transmission on a carrier, or does not schedule uplink transmission during the SRS gap, and any scheduled PDSCH transmission is postponed during the gap. There is no overlap in resource blocks (time/frequency), since there is no transmission.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong in view of the SRS carrier aggregation method of Liu to determine an overlap of resources during a gap period for the reasons of increasing channel quality during component carrier switching (Liu: [0003]).
12. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Xiong and Liu and further in view of United States Patent Application Publication 2023/0224934 A1 to Manolakos et al. (hereinafter “Manolakos”).
Regarding Claim 11, the combination of Xiong and Liu discloses the method of claim 8, wherein the one or more downlink channels are associated with at least a PDCCH (Xiong: [0151], [0192]), but does not expressly disclose the one or more downlink channels are associated with at least one of:
one or more synchronization signal blocks (SSBs); or
one or more control resource sets (CORESETs).
However, this feature cannot be considered new or novel in the presence of Manolakos. Manolakos is similarly concerned with wireless communication systems with positioning sounding reference signals (SRS) (Manolakos: [0002]). Manolakos further discloses the one or more downlink channels are associated with at least one of one or more synchronization signal blocks (SSBs) or one or more control resource sets (CORESETs) (Manolakos: [0104] – a UE capability for SRS positioning may be supported or not for bandwidth parts (BWP) with or without SSB/CORESET, which are associated with downlink channels.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the SRS bandwidth aggregation method of Xiong and Liu to determine the one or more downlink channels are associated with at least one of one or more synchronization signal blocks (SSBs) or one or more control resource sets (CORESETs), for the reasons of reducing latency, increasing reliability, and maintaining security and scalability in 5G networks (Manolakos: [0004]).
Conclusion
13. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
14. The prior art made of record (please see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure. Examiner notes the following references not by order of relevance, but to include relevant portions Applicant should consider when issuing a response.
US PGPub 2020/0322187 A1 to He et al. at [0149], [0176], [0185];
US PGPub 2021/0359882 A1 to Liu et al. at [0089];
US PGPub 2021/0392609 A1 to Siomina et al. at [0197-0203];
US PGPub 2023/0300836 A1 to Manolakos et al. at [0116];
US PGPub 2024/0178976 A1 to Wang et al. at [0088];
US PGPub 2024/0298198 A1 to Ibrahim et al. at [0153], [0170], [0172]; and
US PGPub 2026/0180755 A1 to Ryu et al. at [0119].
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 October 9, 2026
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