DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-3, 6 and 8-23 remain pending.
Prosecution Reopened
In view of the Notice of Appeal filed on 11/05/2025, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6, 8, 10-11, 15-19, and 21-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pan et al. (US Patent Application Publication 2020/0053772; hereinafter Pan).
Regarding claim 1 Pan discloses a method in a user equipment (UE) for performing a random access procedure in an unlicensed spectrum (paragraphs 0092-0093), the method comprising:
selecting, based on a first channel state information reference signal (CSI-RS) or a first synchronization signal block (SSB), a first random access (RA) preamble and a first occasion for transmitting the first RA preamble to a base station (paragraphs 0096-0099; wherein there is a correspondence between a RACH occasion (RO) and an SSB as provided by the parameter ssb-perRACH-Occasion, and each RO has a preamble mapped; as further seen in figure 10 and discussed in paragraphs 0123-0124, a first preamble can be sent in RO3, associated with a corresponding SSB);
performing, a first channel access (CA) procedure using the first RA preamble and the first occasion, to determine whether a channel to which the first occasion corresponds is idle (paragraphs 0123-0124; wherein a UE performs a listen-before-talk (LBT) procedure prior to RO3 to determine whether the occasion is idle);
in response to detecting a failure related to the first CA procedure, selecting a second RA preamble different from the first RA preamble and a second occasion for transmitting the second RA preamble to the base station, the second occasion different from the first occasion, based on a second CSI-RS different from the first CSR-RS or a second SSB different from the first SSB (paragraphs 0123-0124; wherein if the LBT procedure results in the channel being busy, a second CA can be performed prior to a second RO, which corresponds to an SSB and a second preamble);
after the selecting of the second preamble, performing a second CA procedure using the second RA preamble and the second occasion, to determine whether a channel to which the second occasion corresponds is idle (paragraphs 0123-0124; wherein if the LBT procedure results in the channel being busy, a second CA can be performed prior to a second RO, which corresponds to an SSB and a second preamble).
Regarding claim 2 Pan discloses the method of claim 1, further comprising receiving the first CSI-RS or the first SSB, and the second CSI-RS or the second SSB, via at least one network message from the base station (paragraphs 0084, 0099; PRACH configuration and other information provided via PDCCH or RRC messages from a base station, parameters such as ssb-perRACH-Occasion).
Regarding claim 3 Pan discloses the method of claim 1, further comprising: receiving, from the base station, a radio resource control (RRC) configuration that specifies (i) a plurality of RA preambles and (ii) a plurality of occasions for transmitting an RA preamble (paragraphs 0084, 0099; message comprising PRACH occasions and preamble for transmission).
Regarding claim 6 Pan discloses the method of claim 1, wherein: performing the first CA procedure includes determining whether the channel is idle prior to the first occasion (paragraphs 0123-0124, fig. 10; as seen in the figure LBT is performed prior to the RO), and detecting the failure includes determining that the channel is not idle during a time period that includes the first occasion (paragraphs 0123-0124, fig. 10; if the channel is detected as busy for RO3, for example).
Regarding claim 8 Pan discloses the method of claim 6, wherein transmitting the second RA preamble to the base station during the second occasion is in response to determining, during the second CA procedure, that the channel is idle prior to the second occasion (paragraphs 0123-0124, figure 10; wherein an LBT is to be performed ahead of a second RO where the preamble is expected to be transmitted).
Regarding claim 10 the modified Pan discloses the method of claim 1, wherein selecting the second RA preamble is in response to the CA procedure determining that the channel is busy (paragraphs 0123-0124, figure 10; wherein an LBT is to be performed ahead of a second RO where the preamble is expected to be transmitted).
Regarding claim 11 Pan discloses the method of claim 1, wherein performing the CA procedure includes performing a listen-before-talk (LBT) procedure (paragraphs 0123-0124, figure 10; LBT procedure).
Regarding claim 15 Pan discloses a user equipment (UE) comprising processing hardware (fig. 1B) configured to:
select, based on a first channel state information reference signal (CSI-RS) or a first synchronization signal block (SSB), a first random access (RA) preamble and a first occasion for transmitting the first RA preamble to a base station (paragraphs 0096-0099; wherein there is a correspondence between a RACH occasion (RO) and an SSB as provided by the parameter ssb-perRACH-Occasion, and each RO has a preamble mapped; as further seen in figure 10 and discussed in paragraphs 0123-0124, a first preamble can be sent in RO3, associated with a corresponding SSB);
perform a first channel access (CA) procedure using the first RA preamble and the first occasion, to determine whether a channel to which the first occasion corresponds is idle (paragraphs 0123-0124; wherein a UE performs a listen-before-talk (LBT) procedure prior to RO3 to determine whether the occasion is idle);
in response to detecting a failure related to the first CA procedure, select a second RA preamble different from the first RA preamble and a second occasion for transmitting the second RA preamble to the base station, the second occasion different from the first occasion, based on a second CSI-RS different from the first CSR-RS or a second SSB different from the first SSB (paragraphs 0123-0124; wherein if the LBT procedure results in the channel being busy, a second CA can be performed prior to a second RO, which corresponds to an SSB and a second preamble);
after the selecting of the second RA preamble, perform a second CA procedure using the second RA preamble and the second occasion, to determine whether a channel to which the second occasion corresponds is idle (paragraphs 0123-0124; wherein if the LBT procedure results in the channel being busy, a second CA can be performed prior to a second RO, which corresponds to an SSB and a second preamble).
Regarding claim 16 Pan discloses the UE of claim 15, further configured to: receive the first CSI-RS or the first SSB, and the second CSI-RS or the second SSB, via at least one network message from the base station (paragraphs 0084, 0099; PRACH configuration and other information provided via PDCCH or RRC messages from a base station, parameters such as ssb-perRACH-Occasion).
Regarding claim 17 Pan discloses the UE of claim 15, further configured to: receive, from the base station, a radio resource control (RRC) configuration that specifies (i) a plurality of RA preambles and (ii) a plurality of occasions for transmitting an RA preamble (paragraphs 0084, 0099; message comprising PRACH occasions and preamble for transmission).
Regarding claim 18 Pan discloses the UE of claim 15, wherein: performing the first CA procedure includes determining whether the channel is idle prior to the first occasion (paragraphs 0123-0124, fig. 10; as seen in the figure LBT is performed prior to the RO), and detecting the failure includes determining the channel is not idle during a time period that includes the first occasion (paragraphs 0123-0124, fig. 10; if the channel is detected as busy for RO3, for example).
Regarding claim 19 Pan discloses the UE of claim 18, wherein: transmitting the second RA preamble to the base station during the second occasion is in response to determining, during the second CA procedure, that the channel is idle prior to the second occasion (paragraphs 0123-0124, figure 10; wherein an LBT is to be performed ahead of a second RO where the preamble is expected to be transmitted).
Regarding claim 21 Pan discloses the UE of claim 15, wherein selecting the second RA preamble is in response to the CA procedure determining that the channel is busy (paragraphs 0123-0124, figure 10; wherein an LBT is to be performed ahead of a second RO where the preamble is expected to be transmitted).
Regarding claim 22 Pan discloses the UE of claim 15, wherein performing the CA procedure includes performing a listen-before-talk (LBT) procedure (paragraphs 0123-0124, figure 10; LBT procedure).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9, 12-14, 20, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan in view of Cirik et al. (US Patent Application Publication 2021/0345424; hereinafter Cirik).
Regarding claim 9 Pan discloses the method of claim 6. Pan fails to disclose but Cirik, in the same field of endeavor related to random access in unlicensed band, discloses further comprising: receiving, from a physical layer (PHY) entity by a medium access control (MAC) entity, an indication that that the channel is not idle during the time period that includes the first occasion (paragraphs 0373-0376, 0408, and as seen in figure 13, a MAC layer receives failure indication and performs occasion selection). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Pan with the teachings of Cirik, in order to system efficiency and robustness (Cirik: paragraph 0310).
Regarding claim 12 Pan discloses the method of claim 1. Pan fails to disclose but Cirik, in the same field of endeavor related to random access in unlicensed band, discloses further comprising: incrementing, a counter after to selecting a new RA preamble and a new occasion for transmitting the new RA preamble (paragraph 0459; preamble transmission counter incremented by one); comparing, the counter to a threshold value (paragraph 0460; in response to the incrementing, the preamble transmission counter variable may be equal to or greater than a preamble maximum transmission parameter); and aborting, the random access procedure in response to the counter exceeding the threshold value (paragraphs 0461-0464; the random access procedure is incomplete if the value is equal to or greater than the parameter). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Pan with the teachings of Cirik, in order to system efficiency and robustness (Cirik: paragraph 0310).
Regarding claim 13 Pan discloses the method of claim 1. Pan fails to disclose but Cirik, in the same field of endeavor related to random access in unlicensed band, discloses further comprising: starting, a timer upon initiating the CA procedure (paragraphs 0280-0281, 0284, 0289; time window, resolution timer); and when the timer expires before the CA procedure completes, performing at least one of: (i) a reconfiguration of at least one of a primary or a secondary cell in which the channel is provided, or (ii) an RRC connection establishment procedure (paragraphs 0280-0281, 0284, 0289; reconfiguration and RRC establishment procedure). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Pan with the teachings of Cirik, in order to system efficiency and robustness (Cirik: paragraph 0310).
Regarding claim 14 Pan discloses the method of claim 1. Pan fails to disclose but Cirik, in the same field of endeavor related to random access in unlicensed band, discloses further comprising: in response to determining that the second RA preamble has been transmitted, resetting a size of a contention window (paragraphs 0289-0291; the UE readjusts values after PRACH transmission and RAR reception). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Pan with the teachings of Cirik, in order to system efficiency and robustness (Cirik: paragraph 0310).
Regarding claim 20 Pan discloses the UE of claim 18. Pan fails to disclose but Cirik, in the same field of endeavor related to random access in unlicensed band, discloses further configured to: receive, from a physical layer (PHY) entity by a medium access control (MAC) entity, an indication that that the channel is not idle during the time period that includes the first occasion (paragraphs 0373-0376, 0408, and as seen in figure 13, a MAC layer receives failure indication and performs occasion selection). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Pan with the teachings of Cirik, in order to system efficiency and robustness (Cirik: paragraph 0310).
Regarding claim 23 Pan discloses the UE of claim 15. Pan fails to disclose but Cirik, in the same field of endeavor related to random access in unlicensed band, discloses further configured: increment a counter after to selecting a new RA preamble and a new occasion for transmitting the new RA preamble (paragraph 0459; preamble transmission counter incremented by one); compare the counter to a threshold value (paragraph 0460; in response to the incrementing, the preamble transmission counter variable may be equal to or greater than a preamble maximum transmission parameter); and abort the random access procedure in response to the counter exceeding the threshold value (paragraphs 0461-0464; the random access procedure is incomplete if the value is equal to or greater than the parameter). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Pan with the teachings of Cirik, in order to system efficiency and robustness (Cirik: paragraph 0310).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2021/0307061 to Huang et al. – that teaches of a terminal for establishing an initial access. The terminal comprises a receiver which, in operation, is configured to receive candidate synchronization signal/physical broadcast channel blocks (SSBs) in a synchronization signal (SS) burst set, the candidate SSBs being transmitted within one or more SSB channel occupancy time (SSB COT) from a base station; and a transmitter which, in operation, is configured to transmit a physical random access channel (PRACH) preamble on a PRACH occasion (RO) to the base station, the RO being associated with one SSB among the received candidate SSBs.
US PGPUB 2021/0307072 to Kusashima – which discloses a wireless communication method including determining whether a channel in an unlicensed band is clear or busy, transmitting an uplink signal of a RACH procedure, and setting at least a first resource and a second resource to transmit the uplink signal, in which the first resource is selected from a set of resources set by information in an RRC layer, and the second resource is designated by downlink information in a physical layer.
US PGPUB 2021/0185734 to Li – that teaches a network device and a terminal device in the NRU system use a listen-before-talk (Listen-Before-Talk, LBT) channel access mechanism, which is also referred to as a channel sensing mechanism, so that the unlicensed spectrum can be jointly used by the NRU system and another system (for example, a communication system of a different operator or a Wi-Fi network). To be specific, before sending information, the network device or the terminal device needs to sense a channel, and can occupy, only when detecting that the channel is idle (that is, the channel sensing succeeds or the LBT succeeds), the channel to send the information. If detecting that the channel is busy (that is, the channel sensing fails or the LBT fails), the network device or the terminal device cannot occupy the channel to send the information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
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, Faruk Hamza can be reached on 571-272-7969. 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.
/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466