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 .
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
3. 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 –
(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.
4. Claims 1-4, 9, 11-14, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gopal US 12016079 B2.
Note: due to the “or” usage in many of the claims, the claims are interpreted and rejected based on only one of the limitations recited with the “or” statement.
5. Consider claims 1 and 11. Gopal (fig 8A) teaches an antenna capability switch method, comprising: transmitting (or receiving by UE), by a terminal, first information to a network-side device (col 2, lines 32-36), wherein the network-side device corresponds to a first universal subscriber identity module card of the terminal (SIM1), the first information comprises information related to an antenna capability switch (820-1), and the antenna capability switch comprises adjusting the antenna capability of the terminal in the first USIM card card (reads on …means for switching from a first antenna to a second antenna for the first SIM in accordance with an antenna switching capability that is based at least in part on whether the first communication connection…). Claim 20 is rejected for the same reasons as claims 1 and 11 with the processor and memory claimed described in col 6, lines 5-12.
6. Regarding claims 2 and 12. Gopal teaches wherein the adjusting the antenna capability of the terminal in the first USIM card comprises: switching the antenna capability of the terminal between at least one pair of carriers on the first USIM (reads on switching frequency bands in col 9, lines 17-29).
7. Regarding claims 3 and 13. Gopal teaches wherein when the information related to the antenna capability switch is used to request (col 7, line16) to switch the antenna capability of the terminal, the information related to the antenna capability switch comprises: a quantity of switched antennas (reads on from col 23, lines 29-35…for example, the reduced antenna switching capability may indicate a number of antenna elements that can be selected to be available for antenna switching on the first SIM. If there are four antennas available for the Tx activity on the first SIM, then the reduced antenna switching capability may indicate that the multi-SIM UE may select any two antennas, from the 4 available antennas, to be available for antenna switching on the first SIM….);
8. Regarding claims 4 and 14. Gopal teaches further comprising: receiving antenna capability switch information transmitted by the network-side device, wherein the antenna capability switch information comprises a quantity of switched antennas (see col 23, lines 29-35).
9. Regarding claims 9 and 19. Gopal teaches wherein the first information further comprises terminal assistance information, and the terminal assistance information comprises purpose information (reads on maximum capacity) for transmitting the terminal assistance information.
Claim Rejections - 35 USC § 103
10. 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.
11. Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Gopal US 12016079 B2 in view of Kuang WO-2021027387 A1
12. Regarding claims 5 and 15. Gopal fails to teach wherein before transmitting the first information to the network-side device, transmitting first capability (…a terminal sends first capability information (reads on first information) to a network device, the first capability information may be used to indicate one or more first capabilities supported by the terminal. In addition, the terminal sends second capability information to the network device. The second capability information (reads on first capability information) may be used to indicate one or more second capabilities supported by the terminal, and at least one of the one or more first capabilities and the one or more second capabilities…) information to the network-side device, wherein the first capability information is used to indicate a capability of the terminal to perform the antenna capability switch, and the first capability information comprises a quantity of switch antennas supported by the terminal (…the first capability information may include one or more first capability parameters for indicating one or more first capabilities. For example, the antenna parameter is used to indicate the antenna capability supported by the terminal. If the antenna parameter is 8, it indicates that the terminal supports 8 antenna ports….). It would have been obvious, before the effective date, to use the multiple signaling taught by Kuang in Gopal in order to have a safer and more reliable network connection.
13. Claims 6-8 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gopal US 12016079 B2 in view of Kuang WO-2021027387 A1 further in view of Hong et al US 12418790 B2.
14. Regarding claims 6 and 16., Gopal teaches at least one set of antenna switch configuration information transmitted by the network-side device (fig 9), wherein each set of antenna switch configuration information is associated with a pair of candidate carriers (first and second frequency band), and a set of the antenna switch configuration information comprises at least one of the following: an identifier of a carrier from which the antenna capability is switched out (920). The combination of Gopal and Kuang fails to teach receiving the antenna switch configuration “from” the terminal (the UE in Gopal determines it). However, from the same field of endeavor, Hong et al teaches such (see col 3, lines 41-48 and col 3, lines 22-27). It would have been obvious, before the effective date to calculate the antenna configuration at the base station as taught by Kuang in the combination to allow for a more efficient and faster communication connections.
15. Regarding claims 7 and 17. Gopal teaches at least two sets of antenna switch configuration information (see tables max antenna capacity fig 8a, and reduced antenna capacity fig 8b), the method further comprises second information (reads on whether the TDD is synchronized or not (col 25, line 39-col 26 line 9), wherein the second information is used to trigger an antenna switch (from max to reduced) corresponding to one set of antenna switch configuration information of the at least two sets of antenna switch configuration information. Although Gopal doesn’t teach receiving the configuration from the network, Hong et al teaches such and would have been obvious for the same reasons as stated in the rejection of claim 6.
16. Regarding claims 8 and 18. Gopal teaches wherein when the one set of antenna switch configuration information (fig 8a), the one set of antenna switch configuration information is further used to trigger a corresponding antenna switch (see antenna switch 810-1). Although Gopal doesn’t teach receiving the configuration from the network, Hong et al teaches such and would have been obvious for the same reasons as stated in the rejection of claim 6.
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu et al US 12671976 teaches an antenna shifting method includes: obtaining a working status of SIM cards in a first circuit path and a second circuit path, where the working status includes a status that only the SIM card in the first circuit path is working; and shifting, in response to determining that the working status is the status that only the SIM card in the first circuit path is working, at least one antenna of the second circuit path to the first circuit path.
Hong WO 2022082778 A1 teaches reporting capability information, which is used for indicating a target terminal capability, to a base station, wherein the target terminal capability is used for indicating the capability of a multi-card terminal to support a plurality of SIM cards operating at the same time. By means of the present application, a base station configures target configuration information for a multi-card terminal when the multi-card terminal does not have a target terminal capability, so that the multi-card terminal can report SIM card information of a plurality of SIM cards when the multi-card terminal does not support the target terminal capability, and thus, the problem of the multi-card terminal communicating when same does not have the target terminal capability can be solved.
Guo WO 20211335815 A1 teaches a communication method, related equipment and system, which are used to solve the problem of unstable communication service caused by high-frequency switching of telecommunication operators of multi-SIM card terminal equipment in a high-speed mobile scene.
Claim Objections
18. Claim 10 is 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.
Regarding claim 10. The prior art of record fails to teach or make obvious wherein the first information further comprises second capability information of the terminal, and the second capability information comprises: a first capability set, being used to indicate a terminal capability corresponding to the first USIM card when the terminal does not switch the antenna capability from the first USIM card to another USIM card; and a second capability set, being used to indicate a terminal capability corresponding to the first USIM card when the terminal switches the antenna capability from the first USIM card to another USIM card.
Conclusion
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A KUNTZ whose telephone number is (571)272-7499. The examiner can normally be reached on M-TH from 530am to 330pm and Fri from 530am to 10 am.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson, can be reached at telephone number 5712724177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CURTIS A KUNTZ/Primary examiner, Art Unit 2646