CTFR 17/428,634 CTFR 86055 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim (s) 1-7 10, 12-16, 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (U.S. Pub No. 2023/0276505 A1) in view of RYOO et al. (U.S. Pub No. 2020/0037345 A) in further view of KWAK et al. (U.S. Pub No. 2019/0007951 A1) 1, Jeon teaches a communications device for transmitting data to an infrastructure equipment of a wireless communications network [ par 0042 , A base station, such as a QNB (e.g., 120A, 120B, etc.) and/or an ng-eNB (e.g., 120C, 120D, etc.) may host functions such as radio resource management and scheduling, 1P header compression, encryption and integrity protection of data, selection of Access and Mobility Management Function (AMF) at wireless device (e.g., User Equipment (UE)) attachment, routing of user plane and control plane data, connection setup and release, scheduling and transmission of paging messages (e.g., originated from the AMF ], the infrastructure equipment providing a cell having a coverage area in which the communications device is located [ par 0051, 0164 , A base station may comprise any number of sectors, for example: 1, 2, 3, 4, or 6 sectors. A base station may comprise any number of cells, for example, ranging from 1 to 50 cells or more. A cell may be categorized, for example, as a primary cell or secondary cell. At Radio Resource Control (RRC) connection establishment, re-establishment, handover, etc., a serving cell may provide NAS (non-access stratum) mobility information (e.g., Tracking Area Identifier (TAI)). At RRC connection re-establishment and/or handover, a serving cell may provide security input. This serving cell may be referred to as the Primary Cell (PCell). In the downlink, a carrier corresponding to the PCell may be a DL Primary Component Carrier (PCC). A coverage of a cell configured with a DL and at least two ULs comprising anon-SUL and an SUL. A base station may configure anon-SUL and a DL over a first frequency. A broadcast threshold (e.g., an RRC parameter, sul-RSRP- Threshold) for a wireless device to select a carrier may be determined such that a wireless device located outside a non-SUL coverage 1610 but inside an SUL coverage 1620 may start a random access procedure via an SUL. A wireless device located inside the non-SUL coverage 1610 may start a random access procedure via a non- SUL ], the communications device comprising transmitter circuitry configured to transmit signals to the infrastructure equipment via a wireless access interface provided by the wireless communications network [par 0050, 0053, A, and base station 2, 120B) and a wireless device 110. The wireless device 110 may comprise a UE or any other wireless device. The base station (e.g., 120A, 120B) may comprise a Node B, eNB, gNB, ng- eNB, or any other base station. A wireless device and/or a base station may perform one or more functions of a relay node. The base station 1, 120A, may comprise at least one communication interface 320A (e.g., a wireless modem, an antenna, a wired modem, and/or the like), at least one processor 321A. A base station may send (é.g., transmit) to a wireless device one or more messages (e.9., RRC messages) comprising a plurality of configuration parameters for one or more cells. One or more cells may comprise at least one primary cell and at least one secondary cell. An RRC message may be broadcasted and/or unicasted to the wireless device ], receiver circuitry configured to receive signals from the infrastructure equipment via the wireless access interface [par 0068 , The wireless link 330A and/or the wireless link 330B may use at least one frequency carrier. Transceiver(s) may be used. A transceiver may be a device that comprises both a transmitter and a receiver. Transceivers may be used in devices such as wireless devices, base stations, relay nodes, computing devices ], and controller circuitry configured in combination with the receiver circuitry and the transmitter circuitry to receive an indication of one or more communications parameters from the infrastructure equipment [ par 0068 , The base station 1 120A and the wireless device 110, and/or the base station 2 120B and the wireless device 110, may be configured to send and receive transport blocks, for example, via the wireless link 330A and/or via the wireless link 330B, respectively. The wireless link 330A and/or the wireless link 330B may use at least one frequency carrier. Transceiver(s) may be used. A transceiver may be a device that comprises both a transmitter and a receiver], the indication of the one or more communications parameters comprising an indication of a plurality of reference signal received power, (RSRP), thresholds [par 0131, A base station may send (e.g., transmit, unicast, multicast, broadcast, etc.), toa wireless device, a RACH configuration 1210 via one or more beams. The RACH configuration 1210 may comprise one or more parameters indicating at least one of following: an available set of PRACH resources for a transmission of a random access preamble, initial preamble power (e.g., random access preamble initial received target power), an RSFP threshold for a selection of aS& block and corresponding PRACH resource, a power-ramping factor (e.g., random access preamble power ramping step), a random access preamble index, a maximum number of preamble transmissions, preamble group A and group B, a threshold (e.g., message size) to determine the groups of random access preambles, a set of one or more random access preambles for a system information request and corresponding PRACH resource(s) ], to transmit a first signal comprising a random access preamble and uplink data to the infrastructure equipment, the uplink data being transmitted in a set of communications resources of the wireless access interface, the random access preamble being associated with the set of communications resources [ par 0203, 0211 , a wireless device selects an NUL as an uplink carrier to perform a first random access procedure. The wireless device may select an uplink carrier based on one or more ways (e.g., predefined order-based, priority-based, random selection-based, DL measurement-based, etc.). The wireless device may send, via the NUL carrier, a random access preamble 1811 and may monitor for an RAR responsive to the random access preamble 1811. The wireless device may prepare and send, via one or more uplink resources of the DL/NUL carrier, a random access preamble 1963 and may monitor for an RAR responsive to the random access preamble 1963. The monitoring may be performed during an RAR window 1973. The wireless device may receive an RAR 1933 during the RAR window 1973. The wireless device may determine, based on the RAR 1933, that the third random access attempt for the second random access procedure is successful. After the successful random access, the wireless device may perform one or more uplink transmissions, to a base station, via one or more uplink resources of the DL/NUL carrier and/or the SUL carrier |, and to receive a random access response from the infrastructure equipment [par 0136 , A wireless device may receive, from a base station, a random access response, Msg2 1230. The wireless device may start a time window (e.g., ra-ResponseWindow) to monitor a random access response. For beam failure recovery request, the base station may configure the wireless device with a different time window (e.g., bfr- ResponseWindow) to monitor response on beam failure recovery requ est], Jeon fail to show to determine, based on the received indication of the one or more communications parameters, a distance between the communications device a location of the infrastructure equipment, to transmit a first signal comprising a random access preamble and uplink data to the infrastructure equipment while the communications device is in an inactive state without transitioning to a connected state, wherein the random access preamble and a modulation and coding scheme (MCS) with which the first signal is transmitted indicate the distance between the communications device and the location of the infrastructure equipment. In an analogous art RYOO show to determine, based on the received indication of the one or more communications parameters, a distance between the communications device a location of the infrastructure equipment [ par 0685-0687 , When the UE determines an adjacent interference level on the basis of (for example) measured RSRQ and an event is generated on the basis of a threshold pre-configured by the eNB, the UE performs determination. A distance between UE and the eNB (Short/Long Coverage) is determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ ], to transmit a first signal comprising a random access preamble and uplink data to the infrastructure equipment while the communications device is in an inactive state without transitioning to a connected state [ fig 30, par 0647,0767 , FIG. 30 illustrates an operation of starting data transmission through MSG3 in the inactive state, additionally transmitting data through Message5 RRC connection (resume) complete, and when data transmission is completed, transmitting an RRC response (ACK and suspend) to maintain the inactive state. A distance between UE and the eNB (Short/Long Coverage) may be determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ. According to an embodiment, since the corresponding information can be detected in the RA preamble transmission and RAR reception process in the RACH operation, the RRC state-related operation mode for transmitting data may be determined on the basis thereof ], wherein the random access preamble and a modulation and coding scheme (MCS) with which the first signal is transmitted indicate the distance between the communications device and the location of the infrastructure equipment [ par 0767, 0773 , A distance between UE and the eNB (Short/Long Coverage) may be determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ. According to an embodiment, since the corresponding information can be detected in the RA preamble transmission and RAR reception process in the RACH operation, the RRC state-related operation mode for transmitting data may be determined on the basis thereof. the eNB may detect Tx power of a successfully received RACH preamble and use an MCS mapped to corresponding CQI for future transmission ]. Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon and RYOO because to provide a method of determining an RRC state (inactive and (or) active state) for transmitting data and to improve spectral efficiency and a channel access method to allow the UE to efficiently transmit traffic in the RRC inactive state. [RYOO par 0008]. Jeon and RYOO fail to show each RSRP threshold identifying a different distance relative to the infrastructure equipment. In an analogous art KWAK show each RSRP threshold identifying a different distance relative to the infrastructure equipment [ par 0064 , Here, the terminal may belong to a group generated based on the distance from the base station. The distance between the base station and the terminal may be determined using the value of a received signal received power (RSRP) measured by the terminal on the basis of the signal transmitted by the base station, and the terminal determines the group to which it belongs based on the currently measured RSRP ] Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon, RYOO, and KWAK because this aims to provide operation methods and apparatuses of a terminal and a base station that are capable of facilitating both D2D and cellular communications without system throughput degradation caused by in-band emission power [KWAK, par 0004] 2, Jeon, RYOO, and KWAK disclose the communications device according to Claim 1, wherein the set of communications resources is one of a plurality of sets of communications resources of the wireless access interface, each of the plurality of sets of communications resources being associated with a unique random access preamble [ Jeon, par 0086, 0133 A base station may semi-statically configure a wireless device with one or more CSI-RS resource sets. One or more CSI-RS resources may be allocated from one or more CSI- RS resource sets to one or more wireless devices. A base station may semi-statically configure one or more parameters indicating CSI RS resource mapping, for example, time-domain location of one or more CSI-RS resources, a bandwidth of a CSI-RS resource. A wireless device may select a random access preamble index corresponding to a selected SS block or a CSI-RS from a set of one or more random access preambles for beam failure recovery request ]. 3, Jeon, RYOO, and KWAK conveys the communications device according to Claim 2, wherein the set of communications resources used by the communications device for the transmission of the uplink data of the first signal is dependent on the MCS, the MCS being one of a plurality of MCSs [ Jeon, par 0100 , The DCI may comprise downlink and/or uplink scheduling information (e.g., resource allocation information, HARQ related parameters, MCS), request(s) for CSI (e.g., aperiodic CQ! reports), request(s) for an SRS, uplink power control commands for one or more cells, one or more timing information (e.g., TB transmission/reception timing, HARQ feedback timing, etc.), and/or the like }]. 4. Jeon, RYOO, and KWAK demonstrate the communications device according to Claim 2, wherein a number of physical resource blocks, (PRBs), is different for each of the plurality of sets of communications resources [ Jeon, par 0093, 0094 , A resource grid may be in a structure of frequency domain 802 and time domain 803. A resource grid may comprise a first number of OFDM symbols in a subframe and a second number of resource blocks, starting from a common resource block indicated by higher-layer signaling (e.g., RRC signaling), A second number of resource blocks comprised in a resource grid of a carrier may depend on a bandwidth and a numerology of the carrier. A resource block 806 may comprise 12 subcarriers. Multiple resource blocks may be grouped into a Resource Block Group (RBG) 804. A size of a RBG may depend on at least one of: a RRC message indicating a RBG size configuration; a size of a carrier bandwidth; and/or a size of a bandwidth part of a carrier ]. 5. Jeon, RYOO, and KWAK discloses the communications device according to Claim 2, wherein each of the plurality of sets of communications resources are associated with one or more of a plurality of Hybrid Automatic Repeat Request, (HARQ), Redundancy Versions (RVs), the one or more of the plurality of HARQ RVs being used by the communications device in combination with the MCS to transmit the uplink data of the first signal in the set of communications resources [ Jeon par 0098 , A base station may send (e.g., transmit), to a wireless device via one or more PDCCHs, downlink control information comprising an uplink grant. The uplink grant may comprise parameters indicating at least one of a modulation and coding format; a resource allocation; and/or HARQ information related to the UL-SCH. The resource allocation may comprise parameters of resource block allocation; and/or slot allocation ))]. 6, Jeon, RYOO, and KWAK disclose the communications device according to Claim 1, wherein each of the RSRP thresholds define one of a plurality of regions with respect to the location of the infrastructure equipment, a higher RSRP threshold defining a region closer to the location of the infrastructure equipment than a lower RSRP threshold [ Jeon, par 0164 , A broadcast threshold (e.99., an RRC parameter, sul-RSRP- Threshold) for a wireless device to select a carrier may be determined such that a wireless device located outside anon-SUL coverage 1610 but inside an SUL coverage 1620 may start a random access procedure via an SUL. A wireless device located inside the non-SUL coverage 1610 may Start a random access procedure via anon-SUL. A wireless device may use a RACH configuration associated with a selected carrier for a random access procedure ]. 7. Jeon, RYOO, and KWAK conveys the communications device according to Claim 6, wherein each of the plurality of regions is associated with one of a plurality of MCSs [Jeon par 0079, A presence and/or a pattern of the uplink PT-RS 507 in a scheduled resource may be wireless device-specifically configured by a combination of RRC signaling and/or association with one or more parameters used for other purposes (e.g., Modulation and Coding Scheme (MCS)) which may be indicated by DCI. If configured, a dynamic presence of uplink PT-RS 507 may be associated with one or more DC! parameters comprising at least a MCS }. 10. Jeon, RYOO, and KWAK displays the communications device according to Claim 1, wherein the communications device is configured to receive, via a broadcast from the infrastructure equipment, an indication of at least one communications characteristic of signals received by the infrastructure equipment [Jeon, par 0082,0153, An anchor base station may broadcast a message (e.g., RAN paging message) to base stations of an RNA to reach to a wireless device in an RRC inactive state. The base stations receiving the message from the anchor base station may broadcast and/or multicast another message (€.g., paging message) to wireless devices in their coverage area, cell coverage a real, and to select the MCS with which the first signal is transmitted by the communications device from among a plurality of MCSs based at least in part on the indication of the at least one communications characteristic [par 0100} 12. Jeon, RYOO, and KWAK defines the communications device according to Claim 1, wherein the indication of the one or more communications parameters is received by the communications device via direct signalling from the infrastructure equipment [par 0059, SCells for usage with the target PCell. Dedicated RRC signaling may be used (e.g., if adding a new SCell) to send all required system information of the SCell (e.g., if in connected mode, wireless devices may not acquire broadcasted system information directly from the SCells )]. 13. Jeon, RYOO, and KWAK provides the communications device according to Claim 1, wherein the indication of the one or more communications parameters is received by the communications device via a broadcast from the infrastructure equipment [Jeon par 0084, in downlink, a base station may send (e.g., transmit, unicast, multicast, and/or broadcast) one or more RSs to a wireless device. The one or more RSs may comprise at least one of a Primary Synchronization Signal (PSS)/Secondary Synchronization Signal (SSS) 521, a CSI-RS 522, a DM-RS 523, and/or a PT-RS 524| 14, Jeon, RYOO, and KWAK demonstrates the communications device according to Claim 1, wherein values of the one or more communications parameters are signalled in at least one system information block [ Jeon, par 0056 , System information (SI) may be divided into minimum SI! and other SI. The minimum SI may be periodically broadcast. The minimum SI may comprise basic information required for initial access and/or information for acquiring any other SI! broadcast periodically and/or provisioned on- demand (e.g., scheduling information). A minimum SI may be transmitted via two different downlink channels using different messages (e.g., MasterinformationBlock and SysteminformationBlock Type1). Another SI may be transmitted via SysteminformationBlock Type2 ]. 15. Jeon, RYOO, and KWAK illustrates the communications device according to Claim 1, wherein values of the one or more communications parameters are fixed and predefined [Jeon, par 0203, The wireless device may select an uplink carrier based on one or more ways (€.g., predefined order-based, priority-based, random selection-based, DL measurement- based, etc.) described elsewhere in this specification ]. 16. Jeon teaches a method of operating a communications device for transmitting data to an infrastructure equipment of a wireless communications network [par 0042 , A base station, such as a QNB (e.g., 120A, 120B, etc.) and/or an ng-eNB (e.g., 120C, 120D, etc.) may host functions such as radio resource management and scheduling, 1P header compression, encryption and integrity protection of data, selection of Access and Mobility Management Function (AMF) at wireless device (e.g., User Equipment (UE)) attachment, routing of user plane and control plane data, connection setup and release, scheduling and transmission of paging messages (e.g., originated from the AMF ], the infrastructure equipment providing a cell having a coverage area in which the communications device is located [ par 0051, 0164 , A base station may comprise any number of sectors, for example: 1, 2, 3, 4, or 6 sectors. A base station may comprise any number of cells, for example, ranging from 1 to 50 cells or more. A cell may be categorized, for example, as a primary cell or secondary cell. At Radio Resource Control (RRC) connection establishment, re-establishment, handover, etc., a serving cell may provide NAS (non-access stratum) mobility information (e.g., Tracking Area Identifier (TAI)). At RRC connection re-establishment and/or handover, a serving cell may provide security input. This serving cell may be referred to as the Primary Cell (PCell). In the downlink, a carrier corresponding to the PCell may be a DL Primary Component Carrier (PCC). A coverage of a cell configured with a DL and at least two ULs comprising anon-SUL and an SUL. A base station may configure anon-SUL and a DL over a first frequency. A broadcast threshold (e.g., an RRC parameter, sul-RSRP- Threshold) for a wireless device to select a carrier may be determined such that a wireless device located outside a non-SUL coverage 1610 but inside an SUL coverage 1620 may start a random access procedure via an SUL. A wireless device located inside the non-SUL coverage 1610 may start a random access procedure via a non- SUL ], the method comprising receiving, via a wireless access interface provided by the wireless communications network [ par 0050, 0053 , A , and base station 2, 120B) and a wireless device 110. The wireless device 110 may comprise a UE or any other wireless device. The base station (e.g., 120A, 120B) may comprise a Node B, eNB, gNB, ng- eNB, or any other base station. A wireless device and/or a base station may perform one or more functions of a relay node. The base station 1, 120A, may comprise at least one communication interface 320A (e.g., a wireless modem, an antenna, a wired modem, and/or the like), at least one processor 321A. A base station may send (e.g., transmit) to a wireless device one or more messages (e.9., RRC messages) comprising a plurality of configuration parameters for one or more cells. One or more cells may comprise at least one primary cell and at least one secondary cell. An RRC message may be broadcasted and/or unicasted to the wireless device ], an indication of one or more communications parameters from the infrastructure equipment, the indication of the one or more communications parameters comprising an indication of a plurality of reference signal received power, (RSRP), thresholds[ par 0131 , A base station may send (e.g., transmit, unicast, multicast, broadcast, etc.), toa wireless device, a RACH configuration 1210 via one or more beams. The RACH configuration 1210 may comprise one or more parameters indicating at least one of following: an available set of PRACH resources for a transmission of a random access preamble, initial preamble power (e.g., random access preamble initial received target power), an RSFP threshold for a selection of aS& block and corresponding PRACH resource, a power-ramping factor (e.g., random access preamble power ramping step), a random access preamble index, a maximum number of preamble transmissions, preamble group A and group B, a threshold (e.g., message size) to determine the groups of random access preambles, a set of one or more random access preambles for a system information request and corresponding PRACH resource(s) ], transmitting, via the wireless access interface, a first signal comprising a random access preamble and uplink data to the infrastructure equipment, the uplink data being transmitted in a set of communications resources of the wireless access interface, the random access preamble being associated with the set of communications resources[ par 0203, 0211 , a wireless device selects an NUL as an uplink carrier to perform a first random access procedure. The wireless device may select an uplink carrier based on one or more ways (e.g., predefined order-based, priority-based, random selection-based, DL measurement-based, etc.). The wireless device may send, via the NUL carrier, a random access preamble 1811 and may monitor for an RAR responsive to the random access preamble 1811. The wireless device may prepare and send, via one or more uplink resources of the DL/NUL carrier, a random access preamble 1963 and may monitor for an RAR responsive to the random access preamble 1963. The monitoring may be performed during an RAR window 1973. The wireless device may receive an RAR 1933 during the RAR window 1973. The wireless device may determine, based on the RAR 1933, that the third random access attempt for the second random access procedure is successful. After the successful random access, the wireless device may perform one or more uplink transmissions, to a base station, via one or more uplink resources of the DL/NUL carrier and/or the SUL carrier|, and receiving a random access response from the infrastructure equipment [par 0136, A wireless device may receive, from a base station, a random access response, Msg2 1230. The wireless device may start a time window (e.g., ra-ResponseWindow) to monitor a random access response. For beam failure recovery request, the base station may configure the wireless device with a different time window (e.g., bfr- ResponseWindow) to monitor response on beam failure recovery request ], Jeon fail to show to determine, based on the received indication of the one or more communications parameters, a distance between the communications device a location of the infrastructure equipment, to transmit a first signal comprising a random access preamble and uplink data to the infrastructure equipment while the communications device is in an inactive state without transitioning to a connected state, wherein the random access preamble and a modulation and coding scheme (MCS) with which the first signal is transmitted indicate the distance between the communications device and the location of the infrastructure equipment In an analogous art RYOO show to determine, based on the received indication of the one or more communications parameters, a distance between the communications device a location of the infrastructure equipment [ par 0685-0687 , When the UE determines an adjacent interference level on the basis of (for example) measured RSRQ and an event is generated on the basis of a threshold pre-configured by the eNB, the UE performs determination. A distance between UE and the eNB (Short/Long Coverage) is determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ ], to transmit a first signal comprising a random access preamble and uplink data to the infrastructure equipment while the communications device is in an inactive state without transitioning to a connected state [ fig 30, par 0647,0767 , FIG. 30 illustrates an operation of starting data transmission through MSG3 in the inactive state, additionally transmitting data through Message5 RRC connection (resume) complete, and when data transmission is completed, transmitting an RRC response (ACK and suspend) to maintain the inactive state. A distance between UE and the eNB (Short/Long Coverage) may be determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ. According to an embodiment, since the corresponding information can be detected in the RA preamble transmission and RAR reception process in the RACH operation, the RRC state-related operation mode for transmitting data may be determined on the basis thereof ], wherein the random access preamble and a modulation and coding scheme (MCS) with which the first signal is transmitted indicate the distance between the communications device and the location of the infrastructure equipment [ par 0767, 0773 , A distance between UE and the eNB (Short/Long Coverage) may be determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ. According to an embodiment, since the corresponding information can be detected in the RA preamble transmission and RAR reception process in the RACH operation, the RRC state-related operation mode for transmitting data may be determined on the basis thereof. the eNB may detect Tx power of a successfully received RACH preamble and use an MCS mapped to corresponding CQI for future transmission ]. Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon and RYOO because to provide a method of determining an RRC state (inactive and (or) active state) for transmitting data and to improve spectral efficiency and a channel access method to allow the UE to efficiently transmit traffic in the RRC inactive state. [RYOO par 0008]. Jeon and RYOO fail to show each RSRP threshold identifying a different distance relative to the infrastructure equipment. In an analogous art KWAK show each RSRP threshold identifying a different distance relative to the infrastructure equipment [ par 0064 , Here, the terminal may belong to a group generated based on the distance from the base station. The distance between the base station and the terminal may be determined using the value of a received signal received power (RSRP) measured by the terminal on the basis of the signal transmitted by the base station, and the terminal determines the group to which it belongs based on the currently measured RSRP ] Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon, RYOO, and KWAK because this aims to provide operation methods and apparatuses of a terminal and a base station that are capable of facilitating both D2D and cellular communications without system throughput degradation caused by in-band emission power [KWAK, par 0004] 39. Jeon teaches a method of operating an infrastructure equipment forming part of a wireless communications network for transmitting data to or receiving data from a plurality of communications devices[ par 0042, 0095 , A base station, such as a QNB (e.g., 120A, 120B, etc.) and/or an ng-eNB (e.g., 120C, 120D, etc.) may host functions such as radio resource management and scheduling, 1P header compression, encryption and integrity protection of data, selection of Access and Mobility Management Function (AMF) at wireless device (e.g., User Equipment (UE)) attachment, routing of user plane and control plane data, connection setup and release, scheduling and transmission of paging messages (e.g., originated from the AMF. A base station may send (e.g., transmit) to and/or receive from, a wireless device, data packets (e.g., transport blocks )], the infrastructure equipment providing a cell having a coverage area in which the plurality of communications devices are located[ par 0051, 0164 , A base station may comprise any number of sectors, for example: 1, 2, 3, 4, or 6 sectors. A base station may comprise any number of cells, for example, ranging from 1 to 50 cells or more. A cell may be categorized, for example, as a primary cell or secondary cell. At Radio Resource Control (RRC) connection establishment, re-establishment, handover, etc., a serving cell may provide NAS (non-access stratum) mobility information (e.g., Tracking Area Identifier (TAl)). At RRC connection re-establishment and/or handover, a serving cell may provide security input. This serving cell may be referred to as the Primary Cell (PCell). In the downlink, a carrier corresponding to the PCell may be a DL Primary Component Carrier (PCC). A coverage of a cell configured with a DL and at least two ULs comprising anon-SUL and an SUL. A base station may configure anon-SUL and a DL over a first frequency. A broadcast threshold (e.g., an RRC parameter, sul-RSRP- Threshold) for a wireless device to select a carrier may be determined such that a wireless device located outside a non-SUL coverage 1610 but inside an SUL coverage 1620 may start a random access procedure via an SUL. A wireless device located inside the non-SUL coverage 1610 may start a random access procedure via a non- SUL ], the method comprising: transmitting, via a wireless access interface provided by the wireless communications network, an indication of one or more communications parameters to the plurality of communications devices[ par 0050, 0053 , A, and base station 2, 120B) and a wireless device 110. The wireless device 110 may comprise a UE or any other wireless device. The base station (e.g., 120A, 120B) may comprise a Node B, eNB, gNB, ng-eNB, or any other base station. A wireless device and/or a base station may perform one or more functions of a relay node. The base station 1, 120A, may comprise at least one communication interface 320A (e.g., a wireless modem, an antenna, a wired modem, and/or the like), at least one processor 321A. A base station may send (e.g., transmit) to a wireless device one or more messages (e.9., RRC messages) comprising a plurality of configuration parameters for one or more cells. One or more cells may comprise at least one primary cell and at least one secondary cell. An RRC message may be broadcasted and/or unicasted to the wireless device ], the indication of the one or more communications parameters comprising an indication of a plurality of reference signal received power (PSRP} thresholds[ par 0131 , A base station may send (e.g., transmit, unicast, multicast, broadcast, etc.), toa wireless device, a RACH configuration 1210 via one or more beams. The RACH configuration 1210 may comprise one or more parameters indicating at least one of following: an available set of PRACH resources for a transmission of a random access preamble, initial preamble power (e.g., random access preamble initial received target power), an RSFP threshold for a selection of aS& block and corresponding PRACH resource, a power-ramping factor (e.g., random access preamble power ramping step), a random access preamble index, a maximum number of preamble transmissions, preamble group A and group B, a threshold (e.g., message size) to determine the groups of random access preambles, a set of one or more random access preambles for a system information request and corresponding PRACH resource(s) ], receiving, via the wireless access interface, a first signal comprising a random access preamble and uplink data from one of the communications devices[ par 0068 , The wireless link 330A and/or the wireless link 330B may use at least one frequency carrier. Transceiver(s) may be used. A transceiver may be a device that comprises both a transmitter and a receiver. Transceivers may be used in devices such as wireless devices, base stations, relay nodes, computing devices ], the uplink data being received in a set of communications resources of the wireless access interface, the random access preamble being associated with the set of communications resources[ par 0131 , A base station may send (e.g., transmit, unicast, multicast, broadcast, etc.), toa wireless device, a RACH configuration 1210 via one or more beams. The RACH configuration 1210 may comprise one or more parameters indicating at least one of following: an available set of PRACH resources for a transmission of a random access preamble, initial preamble power (e.g., random access preamble initial received target power), an RSFP threshold for a selection of aS& block and corresponding PRACH resource, a power-ramping factor (e.9g., random access preamble power ramping step), a random access preamble index, a maximum number of preamble transmissions, preamble group A and group B, a threshold (e.g., message size) to determine the groups of random access preambles, a set of one or more random access preambles for a system information request and corresponding PRACH resource(s) ], and transmitting, via the wireless access interface, a random access response message to the one of the communications devices[ par 0136 , A wireless device may receive, from a base station, a random access response, Msg2 1230. The wireless device may start a time window (e.g., ra-ResponseWindow) to monitor a random access response. For beam failure recovery request, the base station may configure the wireless device with a different time window (e.g., bfr- ResponseWindow) to monitor response on beam failure recovery reques t], Jeon fail to show a first signal comprising a random access preamble and uplink data from one of the communications devices while the one of the communications devices is in an inactive state without transitioning to a connected state, wherein the random access preamble and a modulation and coding scheme (MCS) with which the first signal is received indicate a distance between the one of the communications devices and a location of the infrastructure equipment. In an analogous art RYOO show a first signal comprising a random access preamble and uplink data from one of the communications devices while the one of the communications devices is in an inactive state without transitioning to a connected state[ fig 30, par 0647,0767 , FIG. 30 illustrates an operation of starting data transmission through MSG3 in the inactive state, additionally transmitting data through Message5 RRC connection (resume) complete, and when data transmission is completed, transmitting an RRC response (ACK and suspend) to maintain the inactive state. A distance between UE and the eNB (Short/Long Coverage) may be determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ. According to an embodiment, since the corresponding information can be detected in the RA preamble transmission and RAR reception process in the RACH operation, the RRC state-related operation mode for transmitting data may be determined on the basis thereof ], wherein the random access preamble and a modulation and coding scheme (MCS) with which the first signal is received indicate a distance between the one of the communications devices and a location of the infrastructure equipment[ par 0767, 0773 , A distance between UE and the eNB (Short/Long Coverage) may be determined on the basis of pathloss between the UE and the eNB, for example, RSRP/RSRQ. According to an embodiment, since the corresponding information can be detected in the RA preamble transmission and RAR reception process in the RACH operation, the RRC state-related operation mode for transmitting data may be determined on the basis thereof. the eNB may detect Tx power of a successfully received RACH preamble and use an MCS mapped to corresponding CQI for future transmission ]. Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon and RYOO because to provide a method of determining an RRC state (inactive and (or) active state) for transmitting data and to improve spectral efficiency and a channel access method to allow the UE to efficiently transmit traffic in the RRC inactive state. [RYOO par 0008]. Jeon and RYOO fail to show each RSRP threshold identifying a different distance relative to the infrastructure equipment. In an analogous art KWAK show each RSRP threshold identifying a different distance relative to the infrastructure equipment [ par 0064 , Here, the terminal may belong to a group generated based on the distance from the base station. The distance between the base station and the terminal may be determined using the value of a received signal received power (RSRP) measured by the terminal on the basis of the signal transmitted by the base station, and the terminal determines the group to which it belongs based on the currently measured RSRP ] Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon, RYOO, and KWAK because this aims to provide operation methods and apparatuses of a terminal and a base station that are capable of facilitating both D2D and cellular communications without system throughput degradation caused by in-band emission power [KWAK, par 0004] 07-21-aia AIA 4. Claim (s) 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (U.S. Pub No. 2023/0276505 A1) in view of RYOO et al. (U.S. Pub No. 2020/0037345 A), KWAK et al. (U.S. Pub No. 2019/0007951 A1)in further view of Awad et al. (U.S. Patent No. 8,494,517 B2) . 8. Jeon, RYOO, and KWAK displays the communications device according to Claim 1, Jeon, RYOO, and Xue fail to show wherein the indication of the one or more communications parameters comprises an indication of a plurality of MCSs. In an analogous art Awad show wherein the indication of the one or more communications parameters comprises an indication of a plurality of MCSs [ col 4, In 30-45 , UE 3 for transmitting their uplink data to the base station 5. In this example, the software includes a range determiner 35 to determine the range of UE from the base station, a modulation type and coding rate (MCS) determiner 36 to determine the modulation and coding rate to be used, and a modulation type and coding rate scheme (MCS) identifier 37 to identify to each UE 3 the MCS of a control channel upon which the base station is attempting to communicate with the UE 3 ]. Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon, RYOO, KWAK, and Awad because this would provide determining data relating to the range of a communications device within a cell of the cellular network. 9, Jeon, RYOO, and KWAK create the communications device according to Claim 1, Jeon, RYOO, and KWAK fail to show wherein the indication of the one or more communications parameters comprises an indication of the MCS with which the first signal is transmitted by the communications device, the MCS being selected from among a plurality of MCSs based on a size of the cell provided by the infrastructure equipment. In an analogous art Awad show wherein the indication of the one or more communications parameters comprises an indication of the MCS with which the first signal is transmitted by the communications device, the MCS being selected from among a plurality of MCSs based on a size of the cell provided by the infrastructure equipment [ fig 4,col 1, 24-40 , In this particular proposal, the communications node cell is divided into a number of communication regions of successively greater range from the communications node and each communication region is allocated a particular Modulation and Coding Scheme so that the MCS selected for a particular UE will depend upon the communications region within which the UE is situated at that particular time. FIG. 4 of the accompanying drawings illustrates the MCSs to be employed for the Long Term Evolution (LTE) of UTRAN ]. Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon, RYOO, KWAK and Awad because this would provide determining data relating to the range of a communications device within a cell of the cellular network . 07-21-aia AIA 5. Claim (s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (U.S. Pub No. 2023/0276505 A1) in view of RYOO et al. (U.S. Pub No. 2020/0037345 A) , KWAK et al. (U.S. Pub No. 2019/0007951 A1) in further view of IWAI et al. (U.S. Pub No. 2021/0227591 A1) . 11. Jeon, RYOO, and KWAK creates the communications device according to Claim 10, Jeon, RYOO, and KWAK fail to show wherein the at least one communications characteristic is an uplink interference level of the signals received by the infrastructure equipment. In an analogous art IWAI show wherein the at least one communications characteristic is an uplink interference level of the signals received by the infrastructure equipment [ par 0070, 0138 , The Preamble part signal may be generated by adding a CP to a sequence of a long sequence length corresponding to a time length of the Preamble part when, for example, the signal is not frequency-multiplexed with uplink channels (e.g., PUSCH) other than PRACH, or the interference can be reduced by providing a guard band. Herein, when msg A and PUSCH are frequency-multiplexed, for example, it needs to be considered preventing the interference (Inter-carrier interference (ICI)) between the Data part in msg A and other uplink channels (e.g., PUSCH), as with the Preamble part ]. Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Jeon, RYOO, KWAK, and IWAI because the Data part signal may include a reference signal for data demodulation (e.g., DMRS) for improving the channel estimation accuracy[IWAI par 0072] Response to Arguments For example, the Office Action asserts that Jeon describes the claimed RSRP thresholds (Office Action, p. 5). However, Jeon does not disclose or suggest that each RSRP threshold corresponds to a different distance to infrastructure equipment. However, Ryoo merely describes determining distance based on a pathloss of the RSRP itself, not an RSRP threshold, or based on the RSRQ itself, not an RSRQ threshold (Ryoo, [0685]-[0687]). The threshold mentioned in Ryoo does not provide an indication of distance and is instead a trigger to cause the distance between the UE and the eNB to be determined (Id.). Therefore, Ryoo does not cure the acknowledged deficiencies in Jeon, and no combination of Jeon and Ryoo discloses or suggests at least the amended features of Claim 1. For the above reasons, amended Claim 1 is believed to be in condition for allowance together with any claim depending therefrom. Amended Claims 16 and 39 are likewise believed to be in condition for allowance. Withdrawal of the rejection of Claims 1-7, 10, 12-16, and 39 under 35 U.S.C. 103 is respectfully requested. The examiner response applicant’s argument is moot in view of newly rejected claims. Conclusion 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON A HARLEY whose telephone number is (571)270-5435. The examiner can normally be reached 7:30-300 6:30-8:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marcus Smith can be reached at (571) 270-1096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JASON A HARLEY/Examiner, Art Unit 2468 /MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468 Application/Control Number: 17/428,634 Page 2 Art Unit: 2468 Application/Control Number: 17/428,634 Page 3 Art Unit: 2468 Application/Control Number: 17/428,634 Page 4 Art Unit: 2468 Application/Control Number: 17/428,634 Page 5 Art Unit: 2468 Application/Control Number: 17/428,634 Page 6 Art Unit: 2468 Application/Control Number: 17/428,634 Page 7 Art Unit: 2468 Application/Control Number: 17/428,634 Page 8 Art Unit: 2468 Application/Control Number: 17/428,634 Page 9 Art Unit: 2468 Application/Control Number: 17/428,634 Page 10 Art Unit: 2468 Application/Control Number: 17/428,634 Page 11 Art Unit: 2468 Application/Control Number: 17/428,634 Page 12 Art Unit: 2468 Application/Control Number: 17/428,634 Page 13 Art Unit: 2468 Application/Control Number: 17/428,634 Page 14 Art Unit: 2468 Application/Control Number: 17/428,634 Page 15 Art Unit: 2468 Application/Control Number: 17/428,634 Page 16 Art Unit: 2468 Application/Control Number: 17/428,634 Page 17 Art Unit: 2468 Application/Control Number: 17/428,634 Page 18 Art Unit: 2468 Application/Control Number: 17/428,634 Page 19 Art Unit: 2468 Application/Control Number: 17/428,634 Page 20 Art Unit: 2468 Application/Control Number: 17/428,634 Page 21 Art Unit: 2468 Application/Control Number: 17/428,634 Page 22 Art Unit: 2468 Application/Control Number: 17/428,634 Page 23 Art Unit: 2468 Application/Control Number: 17/428,634 Page 24 Art Unit: 2468 Application/Control Number: 17/428,634 Page 25 Art Unit: 2468 Application/Control Number: 17/428,634 Page 26 Art Unit: 2468
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