DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/19/2025 has been entered. Claims 1-75 have been canceled and claims 76-90 have been added. Claims 76-90 are subject to examination.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 76, 78, 80, 83-86, and 90 are rejected under 35 U.S.C. 103 as being unpatentable over Moon et al. (Moon hereafter) (US 2016/0007368 A1) in view of Khojastepour et al. (Khojastepour hereafter) (US 2013/0237265 A1).
Regarding claim 76 & 89, Moon teaches, a method of controlling transmission in a communication network, implemented by a communication device, the method comprising:
detecting that one or more carriers are free; (Moon; LTE-U base station and terminal can observe the channel during a certain time period and transmit a signal only when the channel is idle, Par. [0050])
after expiry of a backoff time period starting when detecting that the one or more carriers are free, performing a transmission on the one or more carriers (Moon; the neighboring WLAN TX receiving the ACK recognizes the data transmission end… and initiates backoff after a distributed coordination function (DCF) interframe space (DIFS) time. Herein, the second WLAN TX selecting the smallest backoff number transmits data, Par. [0046]; In the second mode 1205, the LTE-U base station adjusts a listening period so that the LTE-U base station gets the transmission opportunity at the subframe boundary, and then transmits and receives data, Par. [0103]), the transmission being in a same subframe with a further transmission on the one or more carriers by at least one other communication device (Moon; A plurality of channels… used in the base station can have different subframe boundaries in the subframe duration. Yet, the same channels used by different base stations can be synchronized, Par. [0080]; the first channel 801 used by an LTE-U eNB A and a first channel 803 used by an LTE-U eNB B can be synchronized. When this condition is satisfied, the eNB A and the eNB B can adopt base station cooperative communication such as coordinated multipoint (CoMP) and inter-cell interference coordination (ICIC), Par. [0081]); and
receiving control information for synchronizing the transmission with the further transmission (Moon; the LTE-U base station 901 generates and transmits LTE-U carrier configuration information to an LTE-U terminal 903, Par. [0084]; the channel synchronization information can include… the frequency band and subframe boundary start information of the divided channels. For example, the subframe boundary start information can include timing offset information of the divided channels 907 based on an LTE primary cell (PCell) carrier 905, Par. [0085]; the LTE-U base station and the terminal share information about the channel configuration and the synchronization, Par. [0082]).
Although Moon teaches, that multiple LTE-U eNBs synchronize their subframe boundaries on the same unlicensed channel to enable CoMP (Par. [0080]-[0081]), and that each eNB can operate in Mode 2 where the LBT listening period is adjusted so transmission starts at the subframe boundary (Par. [0103]).
Moon fails to explicitly teach,
synchronized to start in the same subframe
However, Khojastepour teaches,
synchronized to start in the same subframe (Khojastepour; a winning set in a cluster permits all its CPs to transmit synchronously, Par. [0030]; inside each cluster the transmission strategy is fully synchronized and there is a central decision making process for the physical layer and media access control (MAC) layer problems such as beamforming, precoding, power control and scheduling, Par. [0019]; The cooperating set that wins contention in each cluster will start the transmission attempt immediately, Par. [0057])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon to include the above cited limitations as taught by Khojastepour in order to reduce the interference caused to the neighboring clusters or cells while enhancing the cooperation among the transmission points or antennas inside a cluster (Khojastepour; [0019]).
Regarding claim 78, Moon - Khojastepour teaches, the method of claim 76,
wherein receiving the control information comprises receiving the control information from a control node responsible for controlling the communication device and the at least one further communication device. (Khojastepour; the AP 102 can include a controller 204 that can be configured to perform channel access adaption, Par. [0028]; Each of the access points is configured to control a different cluster of the remote antennas and receive the respective channel state information from the remote antennas of the respective cluster, Par. [0006]; inside each cluster… there is a central decision making process for the physical layer and media access control (MAC) layer problems, Par. [0019])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon to include the above cited limitations as taught by Khojastepour in order to reduce the interference caused to the neighboring clusters or cells while enhancing the cooperation among the transmission points or antennas inside a cluster (Khojastepour; [0019]).
Regarding claim 80, Moon - Khojastepour teaches, the method of claim 79,
wherein a time interval between sending the control information and the transmission is larger than a sensing time for detecting whether the one or more carriers are free. (Moon; the LTE-U base station 901 generates and transmits LTE-U carrier configuration information to an LTE-U terminal 903, Par. [0084]; the subframe boundary start information can include timing offset information of the divided channels 907 based on an LTE primary cell (PCell) carrier 905, Par. [0085]) [Examiner’s Note: The carrier configuration information (including subframe boundary timing and offsets) is transmitted over the licensed LTE PCell carrier as part of initial configuration or semi-static reconfiguration, well before any individual LTE-U transmission occurs on the unlicensed band. The time between sending/receiving this configuration information and the actual unlicensed band transmission inherently exceeds the LBT sensing time (on the order of microseconds to milliseconds), as the configuration is established during connection setup or reconfiguration on a much longer timescale.]
Regarding claim 83, Moon - Khojastepour teaches, the method of claim 76,
wherein the control information comprises an indication of a time instance of the further transmission. (Moon; the channel synchronization information can include… the frequency band and subframe boundary start information of the divided channels. For example, the subframe boundary start information can include timing offset information of the divided channels 907 based on an LTE primary cell (PCell) carrier 905, Par. [0085]; the same channels used by different base stations can be synchronized, Par. [0080]) [Examiner’s Note: The subframe boundary start information / timing offset constitutes an indication of when the cooperating eNB will start its transmission (i.e., at the same synchronized subframe boundary). Since both eNBs share synchronized boundaries and both operate in Mode 2, knowing the subframe boundary timing is equivalent to knowing when the other eNB’s transmission will start.]
Regarding claim 84, Moon - Khojastepour teaches, the method of claim 76,
wherein a time interval between receiving the control information and the transmission is larger than a sensing time for detecting whether the one or more carriers are free. (Moon; the subframe boundary start information can include timing offset information of the divided channels 907 based on an LTE primary cell (PCell) carrier 905, Par. [0085]) [Examiner’s Note: The carrier configuration information is received via licensed spectrum during connection setup/reconfiguration, inherently occurring well before (and on a longer timescale than) any individual LBT sensing period on the unlicensed carrier.]
Regarding claim 85, Moon - Khojastepour teaches, the method of claim 76, further comprising:
before performing the transmission on the one or more carriers, rechecking whether the one or more carriers are free; (Moon; LTE-U base station and terminal can observe the channel during a certain time period and transmit a signal only when the channel is idle, Par. [0050]) and
performing the transmission only in response to detecting that the one or more carriers are free. (Moon; the LTE-U base station adjusts a listening period so that the LTE-U base station gets the transmission opportunity at the subframe boundary, Par. [0103]) [Examiner’s Note: LBT inherently involves continuous carrier sensing leading up to the point of transmission. In Mode 2, the eNB performs LBT/CCA during the listening period leading up to the subframe boundary and only transmits if the channel remains idle at that boundary. If the channel becomes busy during the listening period, the eNB would not transmit — this is the fundamental principle of LBT.]
Regarding claim 86, Moon teaches, a method of controlling transmission in a communication network, implemented by a node of the communication network, the method comprising:
providing control information to a plurality of communication devices that perform transmissions on one or more carriers after a backoff time period starting when detecting that the one or more carriers are free; (Moon; the LTE-U base station 901 generates and transmits LTE-U carrier configuration information to an LTE-U terminal 903… the channel synchronization information can include… the frequency band and subframe boundary start information of the divided channels, Par. [0084]-[0085]; the same channels used by different base stations can be synchronized. When this condition is satisfied, the eNB A and the eNB B can adopt base station cooperative communication such as coordinated multipoint (CoMP), Par. [0080]-[0081]; In the second mode 1205, the LTE-U base station adjusts a listening period so that the LTE-U base station gets the transmission opportunity at the subframe boundary, Par. [0103])
wherein the control information enables the transmissions by the communication devices to be in a same subframe. (Moon; the LTE-U base station 901 generates and transmits LTE-U carrier configuration information to an LTE-U terminal 903, Par. [0084]; the channel synchronization information can include… the frequency band and subframe boundary start information of the divided channels. For example, the subframe boundary start information can include timing offset information of the divided channels 907 based on an LTE primary cell (PCell) carrier 905, Par. [0085]; the LTE-U base station and the terminal share information about the channel configuration and the synchronization, Par. [0082])
Although Moon teaches, that multiple LTE-U eNBs synchronize their subframe boundaries on the same unlicensed channel to enable CoMP (Par. [0080]-[0081]), and that each eNB can operate in Mode 2 where the LBT listening period is adjusted so transmission starts at the subframe boundary (Par. [0103]).
Moon fails to explicitly teach,
synchronized to start in the same subframe
However, Khojastepour teaches,
synchronized to start in the same subframe (Khojastepour; a winning set in a cluster permits all its CPs to transmit synchronously, Par. [0030]; inside each cluster the transmission strategy is fully synchronized and there is a central decision making process for the physical layer and media access control (MAC) layer problems such as beamforming, precoding, power control and scheduling, Par. [0019]; The cooperating set that wins contention in each cluster will start the transmission attempt immediately, Par. [0057])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon to include the above cited limitations as taught by Khojastepour in order to reduce the interference caused to the neighboring clusters or cells while enhancing the cooperation among the transmission points or antennas inside a cluster (Khojastepour; [0019]).
Regarding claim 90, Moon teaches, a system, comprising:
a plurality of communication devices; (Moon; FIG. 8: LTE-U eNB A and LTE-U eNB B operating on synchronized channels, Par. [0080]-[0081]) and
a node of a communication network configured to provide control information to the multiple communication devices; (Moon; the same channels used by different base stations can be synchronized. When this condition is satisfied, the eNB A and the eNB B can adopt base station cooperative communication such as coordinated multipoint (CoMP), Par. [0081]; carrier configuration information includes subframe boundary start information and timing offset information, Par. [0085]; Mode 2 ensures transmission starts at subframe boundary, Par. [0103])
wherein the control information enables transmissions, performed by the plurality of communication devices on one or more carriers after a backoff time period starting when detecting that the one or more carriers are free, to be in a same subframe. (Moon; the neighboring WLAN TX receiving the ACK recognizes the data transmission end… and initiates backoff after a distributed coordination function (DCF) interframe space (DIFS) time. Herein, the second WLAN TX selecting the smallest backoff number transmits data, Par. [0046]; In the second mode 1205, the LTE-U base station adjusts a listening period so that the LTE-U base station gets the transmission opportunity at the subframe boundary, and then transmits and receives data, Par. [0103])
Although Moon teaches, that multiple LTE-U eNBs synchronize their subframe boundaries on the same unlicensed channel to enable CoMP (Par. [0080]-[0081]), and that each eNB can operate in Mode 2 where the LBT listening period is adjusted so transmission starts at the subframe boundary (Par. [0103]).
Moon fails to explicitly teach,
synchronized to start in the same subframe
However, Khojastepour teaches,
synchronized to start in the same subframe (Khojastepour; a winning set in a cluster permits all its CPs to transmit synchronously, Par. [0030]; inside each cluster the transmission strategy is fully synchronized and there is a central decision making process for the physical layer and media access control (MAC) layer problems such as beamforming, precoding, power control and scheduling, Par. [0019]; The cooperating set that wins contention in each cluster will start the transmission attempt immediately, Par. [0057])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon to include the above cited limitations as taught by Khojastepour in order to reduce the interference caused to the neighboring clusters or cells while enhancing the cooperation among the transmission points or antennas inside a cluster (Khojastepour; [0019]).
Claims 77 and 79 are rejected under 35 U.S.C. 103 as being unpatentable over Moon - Khojastepour in view of Jeffery et al. (Jeffery hereafter) (US 2015/0049680 A1).
Regarding claim 77, Moon - Khojastepour teaches, the method of claim 76, but fails to explicitly teach,
wherein receiving the control information comprises receiving the control information from the at least one other communication device.
However, Jeffrey teaches,
wherein receiving the control information comprises receiving the control information from the at least one other communication device. (Jeffery; Processor 214 may compare the received sender address with a stored list of addresses. The stored list of addresses may be stored in memory 216… and may be a list indicating the BSSID’s of transceivers co-located with first transceiver 205, Par. [0026]; The list of co-located transceivers may be programmed into memory 216 prior to use of base station 202a, Par. [0026]; Processor 214 may allow or control a transmitter 208 of first transceiver 205 to transmit data to a UE 218 simultaneously with data transmission by the co-located access point, e.g., second transceiver 204. Par. [0027]) [Examiner’s Note: In Jeffery, a first transceiver receives a preamble/signal from a co-located second transceiver (another communication device whose transmission is simultaneous/synchronized), and this received information (the sender address/BSSID within the preamble) serves as the basis for the first transceiver to allow/initiate its own simultaneous transmission. The information received from the other transmitting device enables the synchronized transmission.]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon - Khojastepour to include the above cited limitations as taught by Jeffery in order to enable synchronized transmission (Jeffery; [0027]).
Regarding claim 79, Moon – Khojastepour - Jeffery teaches, the method of claim 76,
further comprising sending the control information for synchronizing the transmission with the further transmission to the at least one further communication device. (Jeffery; Processor 214 may compare the received sender address with a stored list of addresses. The stored list of addresses may be stored in memory 216… and may be a list indicating the BSSID’s of transceivers co-located with first transceiver 205, Par. [0026]; The list of co-located transceivers may be programmed into memory 216 prior to use of base station 202a, Par. [0026]; Processor 214 may allow or control a transmitter 208 of first transceiver 205 to transmit data to a UE 218 simultaneously with data transmission by the co-located access point, e.g., second transceiver 204. Par. [0027]) [Examiner’s Note: In Jeffery, a first transceiver receives a preamble/signal from a co-located second transceiver (another communication device whose transmission is simultaneous/synchronized), and this received information (the sender address/BSSID within the preamble) serves as the basis for the first transceiver to allow/initiate its own simultaneous transmission. The information received from the other transmitting device enables the synchronized transmission.]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon - Khojastepour to include the above cited limitations as taught by Jeffery in order to enable synchronized transmission (Jeffery; [0027]).
Claims 81 and 87 are rejected under 35 U.S.C. 103 as being unpatentable over Moon - Khojastepour in view of Bhushan et al. (Bhushan hereafter) (US 20140342745 A1).
Regarding claim 81 and 87, Moon - Khojastepour teaches, the method of claim 76, but fails to explicitly teach,
wherein the control information comprises a seed for pseudo-random determination of the backoff time period.
However, Bhushan teaches,
wherein the control information comprises a seed for pseudo-random determination of the backoff time period. (Bhushan et al., [0177] the CCA slot may be identified based at least in part on a pseudo-random selection sequence driven by a randomization seed)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon - Khojastepour to include the above cited limitations as taught by Bhushan in order to enable synchronized transmission (Bhushan; [0174]).
Claims 82 and 88 are rejected under 35 U.S.C. 103 as being unpatentable over Moon – Khojastepour - Bhushan in view of Park et al. (Park hereafter) (US 20150003351 A1).
Regarding claims 82 and 88, Moon – Khojastepour - Bhushan teaches, the method of claim 81, but fails to explicitly teach, wherein:
the communication device updates the seed on a regular basis; and/or
the seed is based on a network identity associated with the communication device and the at least one further communication device; and/or
the seed is based on a current time.
However, Park teaches, the communication device updates the seed on a regular basis; and/or the seed is based on a network identity associated with the communication device and the at least one further communication device; and/or the seed is based on a current time. (Park et al., [0120] a seed value may be a cell ID or a virtual cell ID, which is used for generating the base sequence of a DMRS).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Moon – Khojastepour - Bhushan to include the above cited limitations as taught by Park in order to generate a sequence (Park et al., [0120]).
Conclusion
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NOEL R. BEHARRY
Supervisory Patent Examiner
Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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