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 .
Claim Rejections - 35 USC § 103
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 1-3, 6, 7, 14-16, 19, 20 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Do et al (US 2020/0059961, hereinafter Do), in view of Wei et al (US 2021/0084674, hereinafter Wei), in view of Tooher et al (US 2022/0201747, hereinafter Tooher, claiming the priority date of provisional application 62/824,799) and in view of Jeon et al (US 2019/0174546, hereinafter Jeon).
Regarding claim 1, Do discloses a method for wireless communication at a user equipment (UE), comprising: receiving, from a base station, a resource allocation for a first uplink communication, wherein the resource allocation indicates at least a first radio frequency channel in a shared radio frequency spectrum band is allocated for the first uplink communication (base station transmits uplink grant to wireless device scheduling the device on channel/BWP1, Para [0113], on unlicensed band, Para [0005]); identifying a second uplink communication that is scheduled for transmission using at least a second radio frequency channel in the shared radio frequency spectrum band (the uplink grant also allows schedules the wireless device on another channel/BWP5, Para [0113]); determining a set of radio frequency channels in the shared radio frequency spectrum band to be used for an uplink transmission that includes at least one of the first uplink communication or the second uplink communication (wireless device can transmit the UL transmission on a subset of the channels/BWPs, Para [0118], e.g. wireless device transmits on subset of the BWPs, Fig. 3), and performing a listen before talk procedure to access the set of radio frequency channels in the shared radio frequency spectrum band (the wireless device performs LBT on multiple channels/BWPs, Para [0117]); determining, a set of radio frequency channels, at the UE, based at least in part on the resource allocation for the first uplink communication (the allowed BWPs are indicated in each uplink grant for the UE, in one example the UE determines the set as BWP1 and BWP5 as indicated by the uplink grant/resource allocation, Para [0113]); but not explicitly the resource allocation is for first and second uplink communication in a first slot nor fully discloses wherein the set of radio frequency channels is based at least in part on one or more of a multiplexing procedure, a prioritization procedure, or combinations thereof, associated with the first uplink communication and the second uplink communication. Wei discloses two PUSCHs can overlap in the time domain, where both are scheduled in first slot and a prioritization procedure can be performed for transmitting the uplink communications, Para [0003]/Fig. 1. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wei in the system of Do in order to resolve conflicts between overlapping transmissions; nor fully discloses the determining of the set of radio channels is also based partially on the scheduled second uplink communication. Do discloses each uplink grant indicates allowed BWPs/channels for the UE to transmit on, Para [0113]. Wei discloses the UE can receive two PDCCHs with resource allocations for two PUSCHs, Para [0003] where first and second PUSCH (UL transmissions) are scheduled in different frequencies, Fig. 1. This means the first UL grant can indicate allowable BWPs for first UL transmission and second UL grant indicate other allowable BWPs for second UL transmission; and does not disclose the listen before talk procedure is performed only on the set of radio frequency channels in the shared radio frequency spectrum band, and the set of radio frequency channels is less than all of the radio frequency channels associated with the first uplink communication and the second uplink communication. Tooher discloses the WTRU can be indicated the set of LBT sub-bands acquired by the gNB and the WTRU can determine a subset of LBT sub-bands to perform LBT on, Para [0106] or [0104] from the provisional. In Do, the access node schedules the wireless device on BWPs via grants based on LBT outcome of the access node, Para [0113] and in view of Tooher, the wireless device can perform LBT on a subset of those sub-bands/BWPs. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Tooher in the system of Do in view of Wei in order increase flexibility for performing LBT over a wideband BW or LBT over sub-bands without increasing channel access complexity; nor discloses wherein the set of radio frequency channels excludes unused radio frequency channels identified after application of multiplexing procedure or the prioritization procedure. Wei discloses multiple UL grants for two PUSCHs that are overlapped in the time domain, performs a prioritization procedure and will select the prioritized PUSCH for UL transmission, Para [0003], the prioritized PUSCH is transmitted while the deprioritized PUSCH is not transmitted until a later grant is received, Para [0027]. Tooher discloses the gNB indicates to the WTRU what set of LBT subbands have been acquired by the gNB, where the WTRU may determine a subset of LBT subbands on which to perform LBT, Para [0106]. In view of the combination the UE is prioritizing one PUSCH on one sub-band and does not need to perform LBT on the deprioritized PUSCH on another subband, as it will not be transmitted until a later grant is received; and does not explicitly disclose the LBT procedure performed in accordance with a type 1 or type 2 channel access procedure. Jeon discloses a UE can perform a type 1 channel access procedure on first carrier and initiate type 2 channel access procedure on one or more second carriers, Para [0100]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Jeon in the system of Do in view of Wei and Tooher in order increase bandwidth available to a single device.
Regarding claims 2, 15 and 28, Do discloses the method/apparatus of claim 1/14/27, further comprising: determining, based at least in part on the listen before talk procedure, that each frequency channel of the set of radio frequency channels in the shared radio frequency spectrum band is available for transmissions in the first slot; and transmitting the uplink transmission in the first slot using the set of radio frequency channels (UE performs LBT to determine which channels are available and transmits in the available channels/BWPs, Para [0117-118]).
Regarding claims 3, 16 and 29, Do discloses the method/apparatus of claim 1/14/27, further comprising: determining, based at least in part on the listen before talk procedure, that one or more frequency channels of the set of radio frequency channels in the shared radio frequency spectrum band is unavailable for transmissions in the first slot; and deferring the uplink transmission using the set of radio frequency channels (transmitter would not transmit on channel that were sensed as busy, Para [0070], in this case the channels/BWPs are unavailable and the transmission would have to be deferred).
Regarding claims 6 and 19, Do discloses the method/apparatus of claim 1/14, but not explicitly wherein the determining is based at least in part on an intra-UE multiplexing and prioritization procedure, an inter-UE multiplexing and prioritization procedure, or combinations thereof. Wei discloses two PUSCHs can overlap in the time domain, where both are scheduled in first slot and a prioritization procedure can be performed for transmitting the uplink communications, Para [0003]/Fig. 1. Further piggybacking UCI with PUSCH and multiplexing techniques are known in the art.
Regarding claims 7 and 20, Do discloses the method/apparatus of claim 6/19, but not wherein the first uplink communication is an uplink shared channel communication and the second uplink communication is an uplink control channel communication. Wei discloses the UL transmissions that overlap in the time domain can be between a PUSCH and a PUCCH, Para [0028]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wei in the system of Do in order to resolve conflicts between overlapping transmissions.
Regarding claim 14, Do discloses an apparatus for wireless communication at a user equipment (UE, Fig. 17), comprising: a processor, memory coupled with the processor (memory and processor, Fig. 17); and instructions stored in the memory and executable by the processor to cause the apparatus to: receive, from a base station, a resource allocation for a first uplink communication, wherein the resource allocation indicates at least a first radio frequency channel in a shared radio frequency spectrum band is allocated for the first uplink communication (base station transmits uplink grant to wireless device scheduling the device on channel/BWP1, Para [0113], on unlicensed band, Para [0005]); identify a second uplink communication that is scheduled for transmission using at least a second radio frequency channel in the shared radio frequency spectrum band (the uplink grant also allows schedules the wireless device on another channel/BWP5, Para [0113]); determine a set of radio frequency channels in the shared radio frequency spectrum band to be used for an uplink transmission in the first slot that includes at least one of the first uplink communication or the second uplink communication (wireless device can transmit the UL transmission on a subset of the channels/BWPs, Para [0118], e.g. wireless device transmits on subset of the BWPs, Fig. 3); and perform a listen before talk procedure to access the set of radio frequency channels in the shared radio frequency spectrum band (the wireless device performs LBT on multiple channels/BWPs, Para [0117]); determining, a set of radio frequency channels, at the UE, based at least in part on the resource allocation for the first uplink communication (the allowed BWPs are indicated in each uplink grant for the UE, in one example the UE determines the set as BWP1 and BWP5 as indicated by the uplink grant/resource allocation, Para [0113]); but not explicitly the resource allocation is for first and second uplink communication in a first slot nor fully discloses wherein the set of radio frequency channels is based at least in part on one or more of a multiplexing procedure, a prioritization procedure, or combinations thereof, associated with the first uplink communication and the second uplink communication. Wei discloses two PUSCHs can overlap in the time domain, where both are scheduled in first slot and a prioritization procedure can be performed for transmitting the uplink communications, Para [0003]/Fig. 1; nor fully discloses the determining of the set of radio channels is also based partially on the scheduled second uplink communication. Do discloses each uplink grant indicates allowed BWPs/channels for the UE to transmit on, Para [0113]. Wei discloses the UE can receive two PDCCHs with resource allocations for two PUSCHs, Para [0003] where first and second PUSCH (UL transmissions) are scheduled in different frequencies, Fig. 1. This means the first UL grant can indicate allowable BWPs for first UL transmission and second UL grant indicate other allowable BWPs for second UL transmission. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wei in the system of Do in order to resolve conflicts between overlapping transmission; and does not disclose the listen before talk procedure is performed only on the set of radio frequency channels in the shared radio frequency spectrum band, and the set of radio frequency channels is less than all of the radio frequency channels associated with the first uplink communication and the second uplink communication. Tooher discloses the WTRU can be indicated the set of LBT sub-bands acquired by the gNB and the WTRU can determine a subset of LBT sub-bands to perform LBT on, Para [0106] or [0104] from the provisional. In Do, the access node schedules the wireless device on BWPs via grants based on LBT outcome of the access node, Para [0113] and in view of Tooher, the wireless device can perform LBT on a subset of those sub-bands/BWPs. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Tooher in the system of Do in view of Wei in order increase flexibility for performing LBT over a wideband BW or LBT over sub-bands without increasing channel access complexity; nor discloses wherein the set of radio frequency channels excludes unused radio frequency channels identified after application of multiplexing procedure or the prioritization procedure. Wei discloses multiple UL grants for two PUSCHs that are overlapped in the time domain, performs a prioritization procedure and will select the prioritized PUSCH for UL transmission, Para [0003], the prioritized PUSCH is transmitted while the deprioritized PUSCH is not transmitted until a later grant is received, Para [0027]. Tooher discloses the gNB indicates to the WTRU what set of LBT subbands have been acquired by the gNB, where the WTRU may determine a subset of LBT subbands on which to perform LBT, Para [0106]. In view of the combination the UE is prioritizing one PUSCH on one sub-band and does not need to perform LBT on the deprioritized PUSCH on another subband, as it will not be transmitted until a later grant is received; and does not explicitly disclose the LBT procedure performed in accordance with a type 1 or type 2 channel access procedure. Jeon discloses a UE can perform a type 1 channel access procedure on first carrier and initiate type 2 channel access procedure on one or more second carriers, Para [0100]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Jeon in the system of Do in view of Wei and Tooher in order increase bandwidth available to a single device.
Regarding claim 27, Do discloses an apparatus for wireless communication at a user equipment (UE, Fig. 17), comprising: means for receiving, from a base station, a resource allocation for a first uplink communication, wherein the resource allocation indicates at least a first radio frequency channel in a shared radio frequency spectrum band is allocated for the first uplink communication (base station transmits uplink grant to wireless device scheduling the device on channel/BWP1, Para [0113], on unlicensed band, Para [0005]); means for identifying a second uplink communication that is scheduled for transmission using at least a second radio frequency channel in the shared radio frequency spectrum band (the uplink grant also allows schedules the wireless device on another channel/BWP5, Para [0113]); means for determining a set of radio frequency channels in the shared radio frequency spectrum band to be used for an uplink transmission in the first slot that includes at least one of the first uplink communication or the second uplink communication (wireless device can transmit the UL transmission on a subset of the channels/BWPs, Para [0118], e.g. wireless device transmits on subset of the BWPs, Fig. 3); and means for performing a listen before talk procedure to access the set of radio frequency channels in the shared radio frequency spectrum band (the wireless device performs LBT on multiple channels/BWPs, Para [0117]); determining, a set of radio frequency channels, at the UE, based at least in part on the resource allocation for the first uplink communication (the allowed BWPs are indicated in each uplink grant for the UE, in one example the UE determines the set as BWP1 and BWP5 as indicated by the uplink grant/resource allocation, Para [0113]); but not explicitly the resource allocation is for first and second uplink communication in a first slot nor fully discloses wherein the set of radio frequency channels is based at least in part on one or more of a multiplexing procedure, a prioritization procedure, or combinations thereof, associated with the first uplink communication and the second uplink communication. Wei discloses two PUSCHs can overlap in the time domain, where both are scheduled in first slot and a prioritization procedure can be performed for transmitting the uplink communications, Para [0003]/Fig. 1; nor fully discloses the determining of the set of radio channels is also based partially on the scheduled second uplink communication. Do discloses each uplink grant indicates allowed BWPs/channels for the UE to transmit on, Para [0113]. Wei discloses the UE can receive two PDCCHs with resource allocations for two PUSCHs, Para [0003] where first and second PUSCH (UL transmissions) are scheduled in different frequencies, Fig. 1. This means the first UL grant can indicate allowable BWPs for first UL transmission and second UL grant indicate other allowable BWPs for second UL transmission. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wei in the system of Do in order to resolve conflicts between overlapping transmissions; and does not disclose the listen before talk procedure is performed only on the set of radio frequency channels in the shared radio frequency spectrum band, and the set of radio frequency channels is less than all of the radio frequency channels associated with the first uplink communication and the second uplink communication. Tooher discloses the WTRU can be indicated the set of LBT sub-bands acquired by the gNB and the WTRU can determine a subset of LBT sub-bands to perform LBT on, Para [0106] or [0104] from the provisional. In Do, the access node schedules the wireless device on BWPs via grants based on LBT outcome of the access node, Para [0113] and in view of Tooher, the wireless device can perform LBT on a subset of those sub-bands/BWPs. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Tooher in the system of Do in view of Wei in order increase flexibility for performing LBT over a wideband BW or LBT over sub-bands without increasing channel access complexity; nor discloses wherein the set of radio frequency channels excludes unused radio frequency channels identified after application of multiplexing procedure or the prioritization procedure. Wei discloses multiple UL grants for two PUSCHs that are overlapped in the time domain, performs a prioritization procedure and will select the prioritized PUSCH for UL transmission, Para [0003], the prioritized PUSCH is transmitted while the deprioritized PUSCH is not transmitted until a later grant is received, Para [0027]. Tooher discloses the gNB indicates to the WTRU what set of LBT subbands have been acquired by the gNB, where the WTRU may determine a subset of LBT subbands on which to perform LBT, Para [0106]. In view of the combination the UE is prioritizing one PUSCH on one sub-band and does not need to perform LBT on the deprioritized PUSCH on another subband, as it will not be transmitted until a later grant is received; and does not explicitly disclose the LBT procedure performed in accordance with a type 1 or type 2 channel access procedure. Jeon discloses a UE can perform a type 1 channel access procedure on first carrier and initiate type 2 channel access procedure on one or more second carriers, Para [0100]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Jeon in the system of Do in view of Wei and Tooher in order increase bandwidth available to a single device.
Regarding claim 30, Do discloses a non-transitory computer-readable medium (computer readable storage, Para [0160]) storing code for wireless communication at a user equipment (UE), the code comprising instructions executable by a processor to: receive, from a base station, a resource allocation for a first uplink communication, wherein the resource allocation indicates at least a first radio frequency channel in a shared radio frequency spectrum band is allocated for the first uplink communication (base station transmits uplink grant to wireless device scheduling the device on channel/BWP1, Para [0113], on unlicensed band, Para [0005]); identify a second uplink communication that is scheduled for transmission using at least a second radio frequency channel in the shared radio frequency spectrum band (the uplink grant also allows schedules the wireless device on another channel/BWP5, Para [0113]); determine a set of radio frequency channels in the shared radio frequency spectrum band to be used for an uplink transmission in the first slot that includes at least one of the first uplink communication or the second uplink communication (wireless device can transmit the UL transmission on a subset of the channels/BWPs, Para [0118], e.g. wireless device transmits on subset of the BWPs, Fig. 3) and performing a listen before talk procedure to access the set of radio frequency channels in the shared radio frequency spectrum band (the wireless device performs LBT on multiple channels/BWPs, Para [0117]); determining, a set of radio frequency channels, at the UE, based at least in part on the resource allocation for the first uplink communication (the allowed BWPs are indicated in each uplink grant for the UE, in one example the UE determines the set as BWP1 and BWP5 as indicated by the uplink grant/resource allocation, Para [0113]); but not explicitly the resource allocation is for first and second uplink communication in a first slot nor fully discloses wherein the set of radio frequency channels is based at least in part on one or more of a multiplexing procedure, a prioritization procedure, or combinations thereof, associated with the first uplink communication and the second uplink communication. Wei discloses two PUSCHs can overlap in the time domain, where both are scheduled in first slot and a prioritization procedure can be performed for transmitting the uplink communications, Para [0003]/Fig. 1; nor fully discloses the determining of the set of radio channels is also based partially on the scheduled second uplink communication. Do discloses each uplink grant indicates allowed BWPs/channels for the UE to transmit on, Para [0113]. Wei discloses the UE can receive two PDCCHs with resource allocations for two PUSCHs, Para [0003] where first and second PUSCH (UL transmissions) are scheduled in different frequencies, Fig. 1. This means the first UL grant can indicate allowable BWPs for first UL transmission and second UL grant indicate other allowable BWPs for second UL transmission. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wei in the system of Do in order to resolve conflicts between overlapping transmissions; and does not disclose the listen before talk procedure is performed only on the set of radio frequency channels in the shared radio frequency spectrum band, and the set of radio frequency channels is less than all of the radio frequency channels associated with the first uplink communication and the second uplink communication. Tooher discloses the WTRU can be indicated the set of LBT sub-bands acquired by the gNB and the WTRU can determine a subset of LBT sub-bands to perform LBT on, Para [0106] or [0104] from the provisional. In Do, the access node schedules the wireless device on BWPs via grants based on LBT outcome of the access node, Para [0113] and in view of Tooher, the wireless device can perform LBT on a subset of those sub-bands/BWPs. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Tooher in the system of Do in view of Wei in order increase flexibility for performing LBT over a wideband BW or LBT over sub-bands without increasing channel access complexity; nor discloses wherein the set of radio frequency channels excludes unused radio frequency channels identified after application of multiplexing procedure or the prioritization procedure. Wei discloses multiple UL grants for two PUSCHs that are overlapped in the time domain, performs a prioritization procedure and will select the prioritized PUSCH for UL transmission, Para [0003], the prioritized PUSCH is transmitted while the deprioritized PUSCH is not transmitted until a later grant is received, Para [0027]. Tooher discloses the gNB indicates to the WTRU what set of LBT subbands have been acquired by the gNB, where the WTRU may determine a subset of LBT subbands on which to perform LBT, Para [0106]. In view of the combination the UE is prioritizing one PUSCH on one sub-band and does not need to perform LBT on the deprioritized PUSCH on another subband, as it will not be transmitted until a later grant is received; and does not explicitly disclose the LBT procedure performed in accordance with a type 1 or type 2 channel access procedure. Jeon discloses a UE can perform a type 1 channel access procedure on first carrier and initiate type 2 channel access procedure on one or more second carriers, Para [0100]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Jeon in the system of Do in view of Wei and Tooher in order increase bandwidth available to a single device.
Claims 8 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Do, in view of Wei, in view of Tooher, in view of Jeon and in view of Papasakellariou (US 2019/0223205, hereinafter Papasakellariou).
Regarding claims 8 and 21, Do discloses the method/apparatus of claim 7/20, but not further comprising: multiplexing the uplink control channel communication with the uplink shared channel communication according to the intra-UE multiplexing and prioritization procedure; and wherein the set of radio frequency channels include at least the first radio frequency channel allocated for the first uplink communication, and excludes at least the second radio frequency channel. Papasakellariou discloses multiplexing UCI in a PUSCH transmission, where PUCCH and PUSCH overlapped in time, Para [0185] and Do discloses the uplink grant can indicate the scheduled channels, where in this case BWP2 isn’t scheduled for the UE, Para [0113]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Papasakellariou in the system of Do in view of Wei, Jeon and Tooher in order to flexibly accommodate various services and application with different requirements.
Claims 11 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Do, in view of Wei, in view of Tooher, in view of Jeon in view of FU et al (US 2024/0049222, hereinafter Tooher) and in view of Shi et al (US 2022/0039152, hereinafter Shi).
Regarding claims 11 and 24, Do discloses the method/apparatus of claim 1/14, wherein the first uplink communication is associated with a first listen before talk category and the second uplink communication is associated with a second listen before talk category that has a higher priority than the first listen before talk category. FU discloses transmission priority of URLLC data is higher than priority of eMBB data, Para [0046], one PUSCH is used to transmit URLLC and another PUSCH is used to transmit eMBB data, Para [0022] and Shi discloses the category of LBT used is according to the lowest priority of data multiplexed in the PUSCH, Para [0141], therefore transmission with different priority can be associated with different LBT categories. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Shi and Fu in the system of Do in view of Wei, Jeon and Tooher in order to enhance random access procedures and prevent failures and reduce interference from overlapping transmissions.
Allowable Subject Matter
Claims 9, 10, 12, 13, 22, 23, 25 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 10/17/2025 have been fully considered but they are not persuasive. The Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. The Applicant argues the limitation wherein the set of radio frequency channels excludes unused radio frequency channels identified after application of the multiplexing or prioritization procedure. Applicant argues against Do, stating Do discloses performing LTB on each channel bandwidth which is not the same as excluding radio channels as in the limitation. In response argument is moot because Do is not relied upon to disclose the argued limitation but the combination of Do in view with Wei and Tooher. Applicant cites portions of Wei and argues Wei does not disclose the limitation either. Applicant appears to admit Wei does disclose the prioritization procedure but Wei does not disclose the argued limitation either. Applicant then argues against the Tooher reference. Applicant cites portions of Tooher, leaving out the relevant embodiment (i.e. WTRU determines a subset of LBT subbands on which to perform LBT, Para [0106]) and cites the irrelevant embodiment (i.e. WTRU performs LBT on the same set of LBT subbands”, Para [0106]). Applicant also argues against the other secondary references which are not used to disclose said limitation. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The limitation is for the set of radio channels to exclude unused radio channels after performing either the multiplexing or prioritization procedure. Wei discloses the prioritization procedure, where two UL grants resources overlap in the time domain (but in different frequency resources, in this case different subbands) and one PUSCH transmission will be prioritized and transmitted while the other PUSCH will be deprioritized and not transmitted until a later grant is received. Tooher discloses the WTRU can receive the indicated set of LBT subbands acquired by the gNB but can determine a subset of LBT subbands on which to perform LBT (meaning the subset excludes some of LBT subbands in the greater set acquired by the gNB). In view of the combination the WTRU would omit performing LBT on the LBT subband, where the de-prioritized PUSCH was going to be transmitted on. The WTRU will determine the subset to include the subband where prioritized PUSCH is being transmitted and exclude the subband where the de-prioritized PUSCH would have been transmitted on, as the frequency resource for de-prioritized PUSCH is not going to be used. Applicant argues the references do not disclose the limitations of dependent claims 11 and 24. Applicant argues Fu discloses high priority of URLLC data compared to eMBB data is not the same as first UL communication associated with fist LBT category and second UL communication associated with second LBT category that has higher priority than the first LBT category. Applicant argues URLLC is higher priority than eMBB but these are not LBT categories. Applicant argues against Shi, where Shi discloses a device can determine category of LBT based on the lowest priority data included in the PUSCH and argues Shi does not disclose the limitation either. Applicant argues against the references individually again. A category of LBT is based on lowest priority of data included in the PUSCH. There will be a determined LBT category when eMBB data is transmitted in the PUSCH and there will be another determined LBT category when URLLC data is transmitted in the PUSCH. Therefore the determined category is associated with priority of data used, so the determined LBT category for URLLC is higher priority than the LBT category used for eMBB data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461