Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to Applicant’s amendment filed on September 10, 2026.
Claims 1-20 are pending in the application.
Response to Arguments/Remarks
Claim Rejections - 35 USC § 103
Claims 1, 7, 9-11, 17, 19-20 were rejected under 35 U.S.C. 103 as being unpatentable over Jia et al. US Patent Publication No. 2022/0417823 in view of Mueck US Patent Publication No. 2013/0295986.
Applicant’s amendments to claims 1 and 11 have overcome the rejection. Therefore, the prior rejection has been withdrawn, and new grounds of rejection are made in this Office action. The new grounds of rejection are necessitated by Applicant's amendment, and accordingly, this Office action is made Final.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 7, 10-11, 17, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jia et al. US Patent Publication No. 2022/0417823 (“Jia”) in view of Nagaraj US Patent Publication No. 2014/0247731 (“Nagaraj”) and Saha US Patent Publication No. 2025/0358718 (“Saha”).
Regarding claim 1, Jia teaches a base station (BS) in a wireless network, comprising:
a memory; and a processor coupled to the memory, the processor configured to:
perform a first switching from a first mode to a second mode (para. [0031] network node 216 (e.g., a gNB). para. [0046] network node 216… may (e.g., immediately or near immediately) determine a need to perform a RAT switch and proceed to effect such a switch);
transmit one or more packets to one or more user equipment (UEs) while operating in the second mode (para. [0047] high priority application or service (e.g., IP-based voice or video call) being facilitated for the UE);
determine a degradation in packet transmission performance while operating in the second mode based on a performance indicator for a period of time (para. [0036] perform a RAT switch (e.g., whether a RAT switch is essential/critical or not) based on measurement data. para. [0049] signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold. para. [0053] indicates that the signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold for longer than the threshold period of time…,);
perform the second switching from the second mode to the first mode based on determining the degradation in the packet transmission performance and determining that performing the second switching is allowed (para. [0049] signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold, may determine that there is a need to perform a RAT switch. given that the signal strength is likely insufficient for facilitating delivery of high priority applications or services. para. [0053] determine that there is a need to perform a RAT switch); and
transmit one or more packets to the one or more UEs while operating in the first mode (para. [0047] high priority application or service (e.g., IP-based voice or video call) being facilitated for the UE).
Jia does not teach determine that performing a second switching is allowed based on whether a number of packets transmitted from the BS after the first switching is greater than a first threshold.
Nagaraj discloses determining that performing a switching is allowed based on whether a number of packets transmitted after a switching is greater than a first threshold (para. [0037] connection manager 218 can have access to one or more application-specific threshold connection quality metrics. para. [0041] threshold connection quality metric can define a number of packets that are to be sent for an application prior to measurement of a connection quality metric and enforcement of the threshold connection quality metric. defining a number of packets to be sent prior to calculation and enforcement of a threshold connection quality metric can enable adjustment of a threshold connection quality metric… connection quality metric may be measured for an email application based on 50 sent packets, whereas a connection quality metric may be measured for a media player application based on 100 sent packets so that, if the connection quality degrades, a RAT switch can be performed more quickly for the email application). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Nagaraj’s disclosure such that the BS of Jia performs switching based on the number of packets transmitted from the BS. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to remain on the RAT or switch to another RAT based on application specific threshold and sensitivity associated with the applications (para. [0040],[0041]).
Nagaraj discloses switching allowed based on the number of packets satisfying a threshold. Nagaraj does not expressly teach the switching being allowed based on the number of packets is greater than the threshold. However, it is well-known in the art to have made a determination based on a value exceeding a threshold. Saha discloses switching being allowed based on an amount of traffic is greater than a threshold (para. [0004] determining, by the first cellular base station, that… an amount of traffic exceeds a threshold. initiating a fallback, by the first cellular base station, to cause the mobile device to connect to the second cellular base station). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ji and Nagaraj with Saha’s disclosure such that the switching is allowed based on the number of packets satisfying and/or exceeding the threshold. The number of packets exceeding the threshold still would satisfy Nagaraj’s threshold. One of ordinary skill in the art would have been motivated to do so it would have been desirable to account for obvious variations and enabled enforcement of the threshold connection quality metric for traffic exceeding the threshold.
Regarding claim 11, Jia teaches a method performed by a base station (BS) in a wireless network, the method comprising:
performing a first switching from a first mode to a second mode (para. [0031] network node 216 (e.g., a gNB). para. [0046] network node 216… may (e.g., immediately or near immediately) determine a need to perform a RAT switch and proceed to effect such a switch);
transmitting one or more packets to one or more user equipment (UEs) while operating in the second mode (para. [0047] high priority application or service (e.g., IP-based voice or video call) being facilitated for the UE);
determining a degradation in packet transmission performance while operating in the second mode based on a performance indicator for a period of time (para. [0036] perform a RAT switch (e.g., whether a RAT switch is essential/critical or not) based on measurement data. para. [0049] signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold. para. [0053] indicates that the signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold for longer than the threshold period of time…,);
performing the second switching from the second mode to the first mode based on determining the degradation in the packet transmission performance and determining that performing the second switching is allowed (para. [0049] signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold, may determine that there is a need to perform a RAT switch. given that the signal strength is likely insufficient for facilitating delivery of high priority applications or services. para. [0053] determine that there is a need to perform a RAT switch); and
transmitting one or more packets to the one or more UEs while operating in the first mode (para. [0047] high priority application or service (e.g., IP-based voice or video call) being facilitated for the UE).
Jia does not teach determine that performing a second switching is allowed based on whether a number of packets transmitted from the BS after the first switching is greater than a first threshold.
Nagaraj discloses determining that performing a switching is allowed based on whether a number of packets transmitted after a switching is greater than a first threshold (para. [0037] connection manager 218 can have access to one or more application-specific threshold connection quality metrics. para. [0041] threshold connection quality metric can define a number of packets that are to be sent for an application prior to measurement of a connection quality metric and enforcement of the threshold connection quality metric. defining a number of packets to be sent prior to calculation and enforcement of a threshold connection quality metric can enable adjustment of a threshold connection quality metric… connection quality metric may be measured for an email application based on 50 sent packets, whereas a connection quality metric may be measured for a media player application based on 100 sent packets so that, if the connection quality degrades, a RAT switch can be performed more quickly for the email application). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Nagaraj’s disclosure such that the BS of Jia performs switching based on the number of packets transmitted from the BS. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to remain on the RAT or switch to another RAT based on application specific threshold and sensitivity associated with the applications (para. [0040],[0041]).
Nagaraj discloses switching allowed based on the number of packets satisfying the threshold. Nagaraj does not expressly teach the switching being allowed based on the number of packets is greater than a threshold. However, it is well-known in the art to have made a determination based on a value exceeding a threshold. Saha discloses switching being allowed based on an amount of traffic is greater than a threshold (para. [0004] determining, by the first cellular base station, that… an amount of traffic exceeds a threshold. initiating a fallback, by the first cellular base station, to cause the mobile device to connect to the second cellular base station). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ji and Nagaraj with Saha’s disclosure such that the switching is allowed based on the number of packets satisfying and/or exceeding the threshold. The number of packets exceeding the threshold still would satisfy Nagaraj’s threshold. One of ordinary skill in the art would have been motivated to do so it would have been desirable to account for obvious variations and enabled enforcement of the threshold connection quality metric for traffic exceeding the threshold.
Regarding claim 7, Jia in view of Nagaraj and Saha teach the BS of claim 1, wherein the performance indicator indicates a block error rate, a measured throughput, or an average outer-loop rate control value (Jia: para. [0036] measurement data (e.g., inter-frequency measurements, such as signal strength-related data, network throughput/speed-related data)).
Regarding claim 10, Jia in view of Nagaraj and Saha teach the BS of claim 1, wherein the period of time is greater than a third threshold (Jia: para. [0053] indicates that the signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold for longer than the threshold period of time…).
Regarding claim 17, Jia in view of Nagaraj and Saha teach the method of claim 11, wherein the performance indicator is a block error rate, a measured throughput, or an average outer-loop rate control value (Jia: para. [0036] measurement data (e.g., inter-frequency measurements, such as signal strength-related data, network throughput/speed-related data)).
Regarding claim 20, Jia in view of Nagaraj and Saha teach the method of claim 11, wherein the period of time is greater than a third threshold (Jia: para. [0053] indicates that the signal strength satisfies (e.g., is less than or equal to) the second (lower) threshold for longer than the threshold period of time…).
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jia in view of Nagaraj, Saha, and Wang et al. US Patent Publication No. 2024/0063931 (“Wang’).
Regarding claim 2, Jia does not teach the BS of claim 1, wherein i) the first mode is a transmit antenna selection mode and the second mode is a precoding matrix indicator mode or ii) the first mode is a precoding matrix indicator mode and the second mode is a transmit antenna selection mode.
Wang teaches a first mode is a transmit antenna selection mode and the second mode is a precoding matrix indicator mode or the first mode is a precoding matrix indicator mode and the second mode is a transmit antenna selection mode (para. [0061] different modes of operation may be utilized for MIMO transmissions. in some circumstances MIMO transmissions may utilize a precoding matrix indicator (PMI) mode. in other circumstances, a transmit antenna selection (TAS) mode may be utilized). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Wang’s disclosure of such that the first mode is a transmit antenna selection mode and the second mode is a precoding matrix indicator mode or the first mode is a precoding matrix indicator mode and the second mode is a transmit antenna selection mode. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to provide the capability to select a mode, PMI or TAS, that would improve throughput performance (para. [0061]).
Regarding claim 12, Jia does not teach the method of claim 11, wherein i) the first mode is a transmit antenna selection mode and the second mode is a precoding matrix indicator mode or ii) the first mode is a precoding matrix indicator mode and the second mode is a transmit antenna selection mode.
Wang teaches a first mode is a transmit antenna selection mode and the second mode is a precoding matrix indicator mode or the first mode is a precoding matrix indicator mode and the second mode is a transmit antenna selection mode (para. [0061] different modes of operation may be utilized for MIMO transmissions. in some circumstances MIMO transmissions may utilize a precoding matrix indicator (PMI) mode. In other circumstances, a transmit antenna selection (TAS) mode may be utilized). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Wang’s disclosure of such that the first mode is a transmit antenna selection mode and the second mode is a precoding matrix indicator mode or the first mode is a precoding matrix indicator mode and the second mode is a transmit antenna selection mode. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to provide the capability to select a mode, PMI or TAS, that would improve throughput performance (para. [0061]).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jia in view of Nagaraj, Saha, and Okamoto et al. US Patent Publication No. 2011/0267970 (“Okamoto”).
Regarding claim 3, Jia does not teach the BS of claim 1, wherein the processor is further configured to determine that i) a measured throughput after the first switching is lower than a measured throughput before the first switching, ii) a block error rate increases after the first switching, or iii) a predicted throughput of the first mode is greater than a measured throughput of the second mode.
Okamoto discloses determining that a measured throughput after a first switching is lower than a measured throughput before a first switching (para. [0071] determines for BS (#1) 20-1 which of "increased," "decreased," and "equal" describes the throughput before and after switching of the communication method. value (A1 (Mbps)) before switching is compared with the value (B1 (Mbps)) after switching and "increased" is determined when B1 is greater than A1 by at least a threshold value). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Okamoto’s disclosure of determining that a measured throughput after the first switching is lower than a measured throughput before the first switching. One of ordinary skill in the in the art would have been motivated to do so in order to have determined whether re-switching is needed (para. [0073]).
Regarding claim 13, Jia does not teach the method of claim 11, wherein the further comprising determining that: i) a measured throughput after the first switching is lower than a measured throughput before the first switching, ii) a block error rate increases after the first switching, or iii) a predicted throughput of the first mode is greater than a measured throughput of the second mode.
Okamoto discloses determining that a measured throughput after the first switching is lower than a measured throughput before a first switching (para. [0071] determines for BS (#1) 20-1 which of "increased," "decreased," and "equal" describes the throughput before and after switching of the communication method. value (A1 (Mbps)) before switching is compared with the value (B1 (Mbps)) after switching and "increased" is determined when B1 is greater than A1 by at least a threshold value). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Okamoto’s disclosure of determining that a measured throughput after the first switching is lower than a measured throughput before the first switching. One of ordinary skill in the in the art would have been motivated to do so in order to have determined whether re-switching is needed (para. [0073]).
Claims 4-5, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jia in view of Nagaraj, Saha, and Anderson et al. US Patent Publication No. 2007/0081489 (“Anderson”).
Regarding claim 4, Jia does not teach the BS of claim 1, wherein the processor is further configured to: perform an update to the second mode during a time delay period; and perform the second switching from the second mode to the first mode after the time delay period.
Anderson discloses performing an update to a second mode during a time delay period; and perform a second switching from the second mode to the first mode after the time delay period (para. [0092] idle periods 670 and 680 are required only to allow the UE and Node B to switch between transmit and receive modes). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Anderson’s concept of performing an update to a second mode during a time delay period; and perform a second switching from the second mode to the first mode after the time delay period. One of ordinary skill in the in the art would have been motivated to do so in order to have similarly provided time to switch between modes.
Regarding claim 5, Jia in view of Nagaraj, Saha, and Anderson teach the BS of claim 4, wherein the time delay period is fixed (Anderson: para. [0092] idle period. para. [0032] idle period may be an idle timeslot of the first mode of operation).
Regarding claim 14, Jia does not teach the method of claim 11, further comprising: performing an update to the second mode during a time delay period; and performing the second switching from the second mode to the first mode after the time delay period.
Anderson discloses performing an update to a second mode during a time delay period; and perform a second switching from the second mode to the first mode after the time delay period (para. [0092] idle periods 670 and 680 are required only to allow the UE and Node B to switch between transmit and receive modes). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied Anderson’s concept of performing an update to a second mode during a time delay period; and perform a second switching from the second mode to the first mode after the time delay period. One of ordinary skill in the in the art would have been motivated to do so in order to have similarly provided time to switch between modes.
Regarding claim 15, Jia in view of Nagaraj, Saha, and Anderson teach the method of claim 14, wherein the time delay period is fixed (Anderson: para. [0092] idle period. para. [0032] idle period may be an idle timeslot of the first mode of operation).
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jia in view of Nagaraj, Saha, and Wang US Patent Publication No. 2020/0413314 (“Wang”).
Regarding claim 8, Jia does not teach the BS of claim 1, wherein the first threshold varies based on a current system load or a traffic type of a UE.
Wang teaches a threshold that varies based on a current system load or a traffic type of UE (para. [0010] compel the user device to move from the LTE system to the 5G system at the end of the IMS voice communication. LTE base station may use a programmable timer of a predetermined time duration to perform this function. para. [0020] commence a timer for a set period of time within which the user device remains communicatively linked to LTE. set period of time… may depend on whether the IMS voice communication is a non-emergency communication or an emergency communication. length of the set period of time may be established by other qualities of the voice or data communication). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Wang’s disclosure such that the first threshold as disclosed by Ji and Nagaraj varies based on a current system load or a traffic type of a UE. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to establish timer, i.e., threshold, dependent on current conditions such as to prevent interruption of certain communications.
Regarding claim 18, Gia does not teach the computer-implemented method of claim 11, wherein the first threshold or the second threshold vary based on a current system load or a traffic type of a user equipment (UE).
Wang teaches a threshold that varies based on a current system load or a traffic type of UE (para. [0010] compel the user device to move from the LTE system to the 5G system at the end of the IMS voice communication. LTE base station may use a programmable timer of a predetermined time duration to perform this function. para. [0020] commence a timer for a set period of time within which the user device remains communicatively linked to LTE. set period of time… may depend on whether the IMS voice communication is a non-emergency communication or an emergency communication. length of the set period of time may be established by other qualities of the voice or data communication). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Wang’s disclosure such that the first threshold as disclosed by Ji and Nagaraj varies based on a current system load or a traffic type of a UE. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to establish timer, i.e., threshold, dependent on current conditions such as to prevent interruption of certain communications.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jia in view of Nagaraj, Saha, Mueck US Patent Publication No. 2013/0295986 (“Mueck”) and Wang US Patent Publication No. 2020/0413314 (“Wang”).
Regarding claim 9, Jia in view of Mueck teach the BS of claim 1, wherein the processor is further configured to: repeatedly check during a time period whether performing the second switching is allowed (para. [0046] certain changes in signal strength may trigger a network/UE to perform RAT switching. para. [0052] data regarding the signal strength associated with the network node 216 indicates that the signal strength satisfies… subsequently no longer satisfies (e.g., becomes greater than or otherwise retraces back above) the second (lower) threshold within a threshold period of time). Jia does not teach determine whether a time period after the first switching is greater than a second threshold; and the second threshold varies based on a current system load or a traffic type of a UE.
Mueck discloses determine whether a time period after the first switching is greater than a second threshold (para. [0140] "ping-pong" behavior regarding RAT selection is avoided by introducing a mandatory waiting time between using a RAT and not using a RAT. switch… is a switch between the communication circuit communicating using the radio access technology and the communication circuit using another radio access technology para. [0141] detect whether a predetermined waiting time has elapsed since the time of the switch… there should be a switch from the radio access technology to another radio access technology. it is detected whether the waiting time has elapsed and only if the waiting time has elapsed, a switch between the radio access technology and the other radio access technology is made). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Mueck’s disclosure. One of ordinary skill in the in the art would have been motivated to do so in order to have avoided constant switching (para. [0132],[0141]).
Wang teaches a threshold that varies based on a current system load or a traffic type of UE (para. [0010] compel the user device to move from the LTE system to the 5G system at the end of the IMS voice communication. LTE base station may use a programmable timer of a predetermined time duration to perform this function. para. [0020] commence a timer for a set period of time within which the user device remains communicatively linked to LTE. set period of time… may depend on whether the IMS voice communication is a non-emergency communication or an emergency communication. length of the set period of time may be established by other qualities of the voice or data communication). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Wang’s disclosure such that the threshold as disclosed by Ji and Mueck varies based on a current system load or a traffic type of a UE. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to establish timer, i.e., threshold, dependent on current conditions such as to prevent interruption of certain communications.
Regarding claim 19, Jia in view of Mueck teach the computer-implemented method of claim 11, further comprising: repeatedly checking during a time period whether performing the second switching is allowed (para. [0046] certain changes in signal strength may trigger a network/UE to perform RAT switching. para. [0052] data regarding the signal strength associated with the network node 216 indicates that the signal strength satisfies… subsequently no longer satisfies (e.g., becomes greater than or otherwise retraces back above) the second (lower) threshold within a threshold period of time). Jia does not teach determine whether a time period after the first switching is greater than a second threshold; and the second threshold varies based on a current system load or a traffic type of a UE.
Mueck discloses determine whether a time period after the first switching is greater than a second threshold (para. [0140] "ping-pong" behavior regarding RAT selection is avoided by introducing a mandatory waiting time between using a RAT and not using a RAT. switch… is a switch between the communication circuit communicating using the radio access technology and the communication circuit using another radio access technology para. [0141] detect whether a predetermined waiting time has elapsed since the time of the switch… there should be a switch from the radio access technology to another radio access technology. it is detected whether the waiting time has elapsed and only if the waiting time has elapsed, a switch between the radio access technology and the other radio access technology is made). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Mueck’s disclosure. One of ordinary skill in the in the art would have been motivated to do so in order to have avoided constant switching (para. [0132],[0141]).
Wang teaches a threshold that varies based on a current system load or a traffic type of UE (para. [0010] compel the user device to move from the LTE system to the 5G system at the end of the IMS voice communication. LTE base station may use a programmable timer of a predetermined time duration to perform this function. para. [0020] commence a timer for a set period of time within which the user device remains communicatively linked to LTE. set period of time… may depend on whether the IMS voice communication is a non-emergency communication or an emergency communication. length of the set period of time may be established by other qualities of the voice or data communication). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jia with Wang’s disclosure such that the threshold as disclosed by Ji and Mueck varies based on a current system load or a traffic type of a UE. One of ordinary skill in the in the art would have been motivated to do so because it would have been desirable to establish timer, i.e., threshold, dependent on current conditions such as to prevent interruption of certain communications.
Allowable Subject Matter
Claims 6 and 16 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.
Examiner’s Note
The following prior art made of record is considered pertinent to applicant’s disclosure.
Tan et al. US Patent Publication No. 2018/0077639 (para. [0024] wireless communication enabled device will “lock on” to the original network for a set period of time before reevaluating the quality of the original network or switching to any other networks. The set period of time may be different than the initial reevaluation timer value (and may be greater)). para. [0044] lock on time period can be based upon a number of factors including network type, service provider identity, historically observed network quality (e.g., upload and download speeds))
Conclusion
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.
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/JOSHUA JOO/Primary Examiner, Art Unit 2445