10DETAILED ACTION
Claims 8-10, 15-21, 26-37, and 42-43 have been cancelled. Claims 1-7, 11-14, 22-25, and 38-41 have been examined.
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
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 1-5, 12-13, 22, 24, and 38-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0342745 A1 to Bhushan et al. (hereinafter “Bhushan”) and US 20250227695 A1 to El Hamss et al. (hereinafter “El Hamss”).
As per claim 1, Bhushan discloses a method performed by a wireless device, the method comprising: initiating a procedure to determine whether a channel in unlicensed spectrum for transmission of data to a base station using unlicensed spectrum is occupied (Bhushan [0006] In a first set of illustrative examples, a method for wireless communications is described. In one example, the method includes performing a clear channel assessment (CCA) for an unlicensed spectrum in a current gating interval to determine whether the unlicensed spectrum is available for a transmission in a next transmission interval, and gating OFF the transmission in the unlicensed spectrum for the next transmission interval when the determination is that the unlicensed spectrum is unavailable. In some embodiments, the transmission includes a downlink transmission or an uplink transmission. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of apparatuses. In some embodiments, the plurality of apparatuses includes a plurality of eNBs. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of eNBs from different operators. In some embodiments, the CCA is performed during a last subframe of the current gating interval. In some embodiments, the CCA is performed during a first subframe of the current gating interval.); and before the wireless device has determined whether the channel in the unlicensed spectrum is occupied, transmitting, using licensed spectrum, a scheduling request to the base station, the scheduling request for transmission of the data, using the licensed spectrum, to the base station (Bhushan Fig. 4A, 5B and [0082] In one example of a carrier aggregation mode shoen in diagram 200, the base station 105-a may transmit OFDMA communications signals to a UE 115-a using a bidirectional link 215 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 215. The bidirectional link 215 may be associated with the frequency F1 in the unlicensed spectrum. The base station 105-a may also transmit OFDMA communications signals to the same UE 115-a using a bidirectional link 220 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 220. The bidirectional link 220 may be associated with a frequency F2 in a licensed spectrum. The bidirectional link 215 may provide a downlink and uplink capacity offload for the base station 105-a. Like the supplemental downlink described above, this scenario may occur with any service provider (e.g., MNO) that uses a licensed spectrum and needs to relieve some of the traffic and/or signaling congestion. [0264] An RTS signal such as the RTS 2005 may be used prior to an UL grant to protect the subsequent UL transmission. In a standalone deployment, such as the one described above with respect to FIG. 2B, an RTS signal may also be sent prior to a physical downlink shared channel (PDSCH) transmission to protect the subsequent UL subframe where HARQ feedback (ACK/NACK) may be sent by a UE (on the same unlicensed spectrum channel). In response to an RTS signal, at least the UEs that are referred to in the RA field of the RTS signal may respond by sending a CTS signal if they are capable of receiving data/signaling from the eNB. Other UEs served by the LTE-U eNB that may wish to send a scheduling request (SR) or a pending CSI report may also respond with a CTS signal. Unlike WiFi, the CTS sent by the LTE-U UEs contain the MAC ID of the serving eNB in their TA field. A NAV field in the CTS may be determined from the corresponding RTS signal.).
Bhushan may not explicitly disclose, but El Hamss, which is in the same field of endeavor, discloses where the scheduling request is transmitted instead of performing a LBT and waiting for the result. The purpose of El Hamss is to reducing the latency of uplink transmissions (El Hamss [0067]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of El Hamss with Bhushan, to reducing the latency of uplink transmissions (El Hamss [0067]).
As per claim 2, Bhushan and El Hamss discloses the method of claim 1, further comprising initiating transmission of the scheduling request one of simultaneously with initiating the procedure (Bhushan Fig. 4A, 5B, [0091] FIG. 4A shows a flowchart of a method 400 for concurrent use of LTE in licensed and unlicensed spectrum by a first wireless node (e.g., a base station or eNB) according to various embodiments.) and before initiating the procedure.
As per claim 3, Bhushan and El Hamss discloses the method of claim 1, further comprising, after completion of the procedure, transmitting the data to the base station using the unlicensed spectrum (Bhushan [0086], [0133] When a channel of the unlicensed spectrum is reserved, for example, by a base station or eNB for a gating interval or LTE radio frame, the base station or eNB may in some cases reserve the channel for Time Domain Multiplexing (TDM) use. In these examples, the base sation or eNB may transmit data in a number of D subframes (e.g., subframes SF0 through SF4) and then allow a UE with which it is communicating to perform a CCA 750 (e.g., an uplink CCA) in an S subframe (e.g., subframe SF5). When the CCA 750 is successful, the UE may transmit data to the base station or eNB in a number of U subframes (e.g., subframes SF6 through SF8).).
As per claim 4, Bhushan and El Hamss discloses the method of claim 3, wherein the procedure indicates that the channel is not occupied (Bhushan [0132-0133]).
As per claim 5, Bhushan and El Hamss discloses the method of claim 3, further comprising receiving a scheduling grant for transmitting the data on the licensed spectrum after transmitting the data to the base station using the unlicensed spectrum (Bhushan [0264-0265,0271]).
As per claim 12, Bhushan and El Hamss discloses the method of claim 1, wherein the procedure indicates that the channel for transmission of the data to the base station using the unlicensed spectrum is occupied (Bhushan [0007] and [0213] By way of example, FIG. 14C shows there is WiFi transmission (Tx) activity that coincides with a portion of the aligned CCA periods of the S' subframes 725-f, 725-g, 725-i. Because of the timing of the CCA slot 720-i selected by the eNB2, the eNB2 may determine as a result of performing its CCA that the unlicensed spectrum is unavailable, and may gate OFF a downlink transmission 1005-c in the unlicensed spectrum for the next transmission interval. A downlink transmission of the eNB2 may therefore be blocked as a result of the WiFi Tx activity occurring during performance of the eNB2's CCA.).
As per claim 13, Bhushan and El Hamss discloses the method of claim 12, further comprising receiving a scheduling grant for transmission of the data to the base station using the licensed spectrum, and transmitting the data to the base station using the licensed spectrum (Bhushan [0265] Returning to FIG. 20, the UEs named/served by the transmitting eNB may send a common CTS signal 2010 (or CTS 2010) a short inter-frame space (SIFS) interval after the RTS 2005. The common CTS 2010 allows the UEs to grab the channel as quickly as possible. In the remaining duration of subframe 9, before the next subframe boundary (with subframe 10), the UEs identified by the RTS 2005 may send individual CTS signals 2015 (or CTSs 2015) staggered in time. The staggering may depend on the order in which the UEs are identified in the RA field of the RTS 2005. A TA field in each of the individual CTSs 2015 may carry a hash of their full identity. The individual CTSs 2015 indicate to the eNB that the UEs are ready to receive data/grant. The use of individual CTSs 2015 enable better scheduling design, more efficient use of the channel by using FDMA among multiple UEs. After subframe 9, which includes the RTS 2005, the common CTS 2010, and the individual CTSs 2015, a next subframe 710-a (subframe 10) may include transmissions of PDSCH 2020, 2020-a, and 2020-b.).
As per claim 22, Bhushan discloses a method performed by a base station (Bhushan Fig. 2A), the method comprising: receiving, using licensed spectrum, a scheduling request for transmission of the data from the wireless device, the scheduling request for transmission of the data, using the licensed spectrum, from the wireless device to the base station, the scheduling request occurring before the wireless device has determined whether the channel in the unlicensed spectrum is occupied (Bhushan Fig. 4A, 5B and [0082] In one example of a carrier aggregation mode shoen in diagram 200, the base station 105-a may transmit OFDMA communications signals to a UE 115-a using a bidirectional link 215 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 215. The bidirectional link 215 may be associated with the frequency F1 in the unlicensed spectrum. The base station 105-a may also transmit OFDMA communications signals to the same UE 115-a using a bidirectional link 220 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 220. The bidirectional link 220 may be associated with a frequency F2 in a licensed spectrum. The bidirectional link 215 may provide a downlink and uplink capacity offload for the base station 105-a. Like the supplemental downlink described above, this scenario may occur with any service provider (e.g., MNO) that uses a licensed spectrum and needs to relieve some of the traffic and/or signaling congestion. [0264] An RTS signal such as the RTS 2005 may be used prior to an UL grant to protect the subsequent UL transmission. In a standalone deployment, such as the one described above with respect to FIG. 2B, an RTS signal may also be sent prior to a physical downlink shared channel (PDSCH) transmission to protect the subsequent UL subframe where HARQ feedback (ACK/NACK) may be sent by a UE (on the same unlicensed spectrum channel). In response to an RTS signal, at least the UEs that are referred to in the RA field of the RTS signal may respond by sending a CTS signal if they are capable of receiving data/signaling from the eNB. Other UEs served by the LTE-U eNB that may wish to send a scheduling request (SR) or a pending CSI report may also respond with a CTS signal. Unlike WiFi, the CTS sent by the LTE-U UEs contain the MAC ID of the serving eNB in their TA field. A NAV field in the CTS may be determined from the corresponding RTS signal.); and determining that the wireless device will attempt to transmit the data to the base station using the unlicensed spectrum (Bhushan [0006] In a first set of illustrative examples, a method for wireless communications is described. In one example, the method includes performing a clear channel assessment (CCA) for an unlicensed spectrum in a current gating interval to determine whether the unlicensed spectrum is available for a transmission in a next transmission interval, and gating OFF the transmission in the unlicensed spectrum for the next transmission interval when the determination is that the unlicensed spectrum is unavailable. In some embodiments, the transmission includes a downlink transmission or an uplink transmission. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of apparatuses. In some embodiments, the plurality of apparatuses includes a plurality of eNBs. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of eNBs from different operators. In some embodiments, the CCA is performed during a last subframe of the current gating interval. In some embodiments, the CCA is performed during a first subframe of the current gating interval. [0105] In some embodiments, a transmitting device such as a base station, eNB 105, UE 115 (or a transmitter of a transmitting device) may use a gating interval to gain access to a channel of the unlicensed spectrum. The gating interval may define the application of a contention-based protocol, such as a Listen Before Talk (LBT) protocol based on the LBT protocol specified in ETSI (EN 301 893). When using a gating interval that defines the application of an LBT protocol, the gating interval may indicate when a transmitting device needs to perform a Clear Channel Assessment (CCA). The outcome of the CCA indicates to the transmitting device whether a channel of the unlicensed spectrum is available or in use. When the CCA indicates that the channel is available (e.g., "clear" for use), the gating interval may allow the transmitting device to use the channel--typically for a predefined period of time. When the CCA indicates that the channel is not available (e.g., in use or reserved), the gating interval may prevent the transmitting device from using the channel for a period of time.).
Bhushan may not explicitly disclose, but El Hamss, which is in the same field of endeavor, discloses where the scheduling request is transmitted instead of performing a LBT and waiting for the result. The purpose of El Hamss is to reducing the latency of uplink transmissions (El Hamss [0067]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of El Hamss with Bhushan, to reducing the latency of uplink transmissions (El Hamss [0067]).
As per claim 24, Bhushan and El Hamss discloses the method of claim 22, wherein determining that the wireless device will attempt to transmit the data to the base station using the unlicensed spectrum comprises receiving the data on the unlicensed spectrum (Bhushan [0081-0083,0324]).
As per claim 38, Bhushan discloses a wireless device comprising a processor (Bhushan [0008]) and a memory (Bhushan [0008]), the memory containing instructions executable by the processor such that the apparatus is configured (Bhushan [0008]) to: initiate a procedure to determine whether a channel in unlicensed spectrum for transmission of data to a base station using unlicensed spectrum is occupied (Bhushan [0006] In a first set of illustrative examples, a method for wireless communications is described. In one example, the method includes performing a clear channel assessment (CCA) for an unlicensed spectrum in a current gating interval to determine whether the unlicensed spectrum is available for a transmission in a next transmission interval, and gating OFF the transmission in the unlicensed spectrum for the next transmission interval when the determination is that the unlicensed spectrum is unavailable. In some embodiments, the transmission includes a downlink transmission or an uplink transmission. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of apparatuses. In some embodiments, the plurality of apparatuses includes a plurality of eNBs. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of eNBs from different operators. In some embodiments, the CCA is performed during a last subframe of the current gating interval. In some embodiments, the CCA is performed during a first subframe of the current gating interval.); and before the wireless device has determined whether the channel in the unlicensed spectrum is occupied, transmit, using licensed spectrum, a scheduling request to the base station, the scheduling request for transmission of the data, using the licensed spectrum, to the base station (Bhushan Fig. 4A, 5B and [0082] In one example of a carrier aggregation mode shoen in diagram 200, the base station 105-a may transmit OFDMA communications signals to a UE 115-a using a bidirectional link 215 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 215. The bidirectional link 215 may be associated with the frequency F1 in the unlicensed spectrum. The base station 105-a may also transmit OFDMA communications signals to the same UE 115-a using a bidirectional link 220 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 220. The bidirectional link 220 may be associated with a frequency F2 in a licensed spectrum. The bidirectional link 215 may provide a downlink and uplink capacity offload for the base station 105-a. Like the supplemental downlink described above, this scenario may occur with any service provider (e.g., MNO) that uses a licensed spectrum and needs to relieve some of the traffic and/or signaling congestion. [0264] An RTS signal such as the RTS 2005 may be used prior to an UL grant to protect the subsequent UL transmission. In a standalone deployment, such as the one described above with respect to FIG. 2B, an RTS signal may also be sent prior to a physical downlink shared channel (PDSCH) transmission to protect the subsequent UL subframe where HARQ feedback (ACK/NACK) may be sent by a UE (on the same unlicensed spectrum channel). In response to an RTS signal, at least the UEs that are referred to in the RA field of the RTS signal may respond by sending a CTS signal if they are capable of receiving data/signaling from the eNB. Other UEs served by the LTE-U eNB that may wish to send a scheduling request (SR) or a pending CSI report may also respond with a CTS signal. Unlike WiFi, the CTS sent by the LTE-U UEs contain the MAC ID of the serving eNB in their TA field. A NAV field in the CTS may be determined from the corresponding RTS signal.).
Bhushan may not explicitly disclose, but El Hamss, which is in the same field of endeavor, discloses where the scheduling request is transmitted instead of performing a LBT and waiting for the result. The purpose of El Hamss is to reducing the latency of uplink transmissions (El Hamss [0067]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of El Hamss with Bhushan, to reducing the latency of uplink transmissions (El Hamss [0067]).
As per claim 39, Bhushan and El Hamss discloses the of claim 38, wherein the memory contains instructions executable by the processor such that the apparatus is further configured to initiate transmission of the scheduling request one of simultaneously with initiating the procedure (Bhushan Fig. 4A, 5B, [0091] FIG. 4A shows a flowchart of a method 400 for concurrent use of LTE in licensed and unlicensed spectrum by a first wireless node (e.g., a base station or eNB) according to various embodiments.) and before initiating the procedure.
As per claim 40, Bhushan discloses a base station comprising a processor (Bhushan [0008]) and a memory (Bhushan [0008]), the memory containing instructions executable by the processor such that the apparatus is configured (Bhushan [0008]) to: receive, using licensed spectrum, a scheduling request for transmission of the data from the wireless device, the scheduling request for transmission of the data, using the licensed spectrum, from the wireless device to the base station, the scheduling request occurring before the wireless device has determined whether the channel in the unlicensed spectrum is occupied (Bhushan Fig. 4A, 5B and [0082] In one example of a carrier aggregation mode shoen in diagram 200, the base station 105-a may transmit OFDMA communications signals to a UE 115-a using a bidirectional link 215 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 215. The bidirectional link 215 may be associated with the frequency F1 in the unlicensed spectrum. The base station 105-a may also transmit OFDMA communications signals to the same UE 115-a using a bidirectional link 220 and may receive SC-FDMA communications signals from the same UE 115-a using the bidirectional link 220. The bidirectional link 220 may be associated with a frequency F2 in a licensed spectrum. The bidirectional link 215 may provide a downlink and uplink capacity offload for the base station 105-a. Like the supplemental downlink described above, this scenario may occur with any service provider (e.g., MNO) that uses a licensed spectrum and needs to relieve some of the traffic and/or signaling congestion. [0264] An RTS signal such as the RTS 2005 may be used prior to an UL grant to protect the subsequent UL transmission. In a standalone deployment, such as the one described above with respect to FIG. 2B, an RTS signal may also be sent prior to a physical downlink shared channel (PDSCH) transmission to protect the subsequent UL subframe where HARQ feedback (ACK/NACK) may be sent by a UE (on the same unlicensed spectrum channel). In response to an RTS signal, at least the UEs that are referred to in the RA field of the RTS signal may respond by sending a CTS signal if they are capable of receiving data/signaling from the eNB. Other UEs served by the LTE-U eNB that may wish to send a scheduling request (SR) or a pending CSI report may also respond with a CTS signal. Unlike WiFi, the CTS sent by the LTE-U UEs contain the MAC ID of the serving eNB in their TA field. A NAV field in the CTS may be determined from the corresponding RTS signal.); and determine that the wireless device will attempt to transmit the data to the base station using the unlicensed spectrum (Bhushan [0006] In a first set of illustrative examples, a method for wireless communications is described. In one example, the method includes performing a clear channel assessment (CCA) for an unlicensed spectrum in a current gating interval to determine whether the unlicensed spectrum is available for a transmission in a next transmission interval, and gating OFF the transmission in the unlicensed spectrum for the next transmission interval when the determination is that the unlicensed spectrum is unavailable. In some embodiments, the transmission includes a downlink transmission or an uplink transmission. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of apparatuses. In some embodiments, the plurality of apparatuses includes a plurality of eNBs. In some embodiments, the method includes synchronizing the performance of the CCA across a plurality of eNBs from different operators. In some embodiments, the CCA is performed during a last subframe of the current gating interval. In some embodiments, the CCA is performed during a first subframe of the current gating interval. [0105] In some embodiments, a transmitting device such as a base station, eNB 105, UE 115 (or a transmitter of a transmitting device) may use a gating interval to gain access to a channel of the unlicensed spectrum. The gating interval may define the application of a contention-based protocol, such as a Listen Before Talk (LBT) protocol based on the LBT protocol specified in ETSI (EN 301 893). When using a gating interval that defines the application of an LBT protocol, the gating interval may indicate when a transmitting device needs to perform a Clear Channel Assessment (CCA). The outcome of the CCA indicates to the transmitting device whether a channel of the unlicensed spectrum is available or in use. When the CCA indicates that the channel is available (e.g., "clear" for use), the gating interval may allow the transmitting device to use the channel--typically for a predefined period of time. When the CCA indicates that the channel is not available (e.g., in use or reserved), the gating interval may prevent the transmitting device from using the channel for a period of time.).
Bhushan may not explicitly disclose, but El Hamss, which is in the same field of endeavor, discloses where the scheduling request is transmitted instead of performing a LBT and waiting for the result. The purpose of El Hamss is to reducing the latency of uplink transmissions (El Hamss [0067]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of El Hamss with Bhushan, to reducing the latency of uplink transmissions (El Hamss [0067]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhushan and El Hamss as applied to claims 1-5, 12-13, 22, 24, and 38-40 above, and further in view of US 20180110047 A1 to Babaei et al. (hereinafter “Babaei”).
As per claim 6, Bhushan and El Hamss discloses the method of claim 5, further comprising ignoring the scheduling grant.
Bhushan may not explicitly disclose, but Babaei, which is in the same field of endeavor, discloses ignoring the scheduling grant (Babaei [0130,0194,0196]). The purpose of Babaei is to enhance UE power consumption and uplink transmissions (Babaei [0175]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Babaei with Bhushan, to enhance UE power consumption and uplink transmissions (Babaei [0175]).
Allowable Subject Matter
Claims 7, 11, 14, 23, 25, and 41 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 with respect to claims 01/20/2026 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAIYAZKHAN GHAFOERKHAN whose telephone number is (571)270-7161. The examiner can normally be reached Flex.
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FAIYAZKHAN GHAFOERKHAN
Primary Examiner
Art Unit 2476
/FAIYAZKHAN GHAFOERKHAN/Primary Examiner, Art Unit 2476
Prosecution Insights