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, 2, 6-11, 15-19, 21 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Babaei (US 2021/0203400, hereinafter Babaei, claiming priority date of provisional application 62/945,154) and in view of Tsai et al (US 2021/0144762, hereinafter Tsai, claiming priority date of provisional application 62/934,676).
Regarding claim 1, Babaei discloses a communication method, comprising: determining, by a terminal side device, that a consistent uplink listen before talk (LBT) failure occurs in a first bandwidth part (BWP) of a cell (detecting consistent LBT failure on a BWP of a Pcell, Para [0211]); determining, by the terminal device, to switch to a second BWP of the cell in response to determining the consistent uplink LBT failure occurs in a first BWP (switching BWP due to the detected consistent LBT failure and resetting a counter for detection of consistent LBT failure of the BWP and/or stopping the timer for consistent LBT failure detection, Para [0211] or Para [0180, 197] of the provisional); generating, by the terminal side device, a medium access control (MAC) control element (CE) indicating the terminal side device does not experience the consistent uplink LBT failure in the cell (the wireless device can report a consistent LBT failure on the cell with a MAC CE indicator, Para [0194], bitmap indicates whether the cell has declared consistent UL LBT failure or not, Para [0194], in this case indicating no LBT failure for that cell); but does not explicitly disclose canceling, by the terminal side device, a consistent uplink LBT failure status of the cell in a response to determining to switch to the second BWP of the cell such that the terminal side device refrains from indicating to a network side device that the consistent uplink LBT failure occurred in the cell. Tsai discloses a UE can detect consistent LBT failure on a first BWP of a first cell and if the first BWP is deactivated, the UE can cancel the triggered consistent LBT failure procedure, Para [0120], where the BWP may be deactivated when the UE switches from the BWP to another BWP, Para [0122]. Also see pages 12-13 of the provisional application. 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 Tsai in the system of Babaei in order to improve methods for LBT detection and recovery and to prevent the UE from performing unnecessary actions.
Regarding claims 2, 11 and 21, Babaei discloses the communication method/device/CRM according to claim 1/10/19, wherein the determining to switch to the second BWP of the cell comprises: receiving, by the terminal side device, downlink control information (DCI) from a network side device, wherein the DCI indicates that the terminal side device switched to the second BWP (BWP switching command can be a command from the base station, the command may be DCI, Para [0102]).
Regarding claims 6, 15 and 23, Babaei discloses the communication method/device/CRM according to claim 1/10/19, wherein the field included in the MAC CE is a cell identifier field, and the information indicating the terminal side devices does not experience the consistent UL LBT failure in the cell is a bit value of which indicates whether the terminal side device does not experience the consistent uplink LBT failure in the cell (MAC CE includes cell index, LBT failure MAC CE includes bitmap with cell indexes indicating what cells have consistent LBT failure, indicating which cells declares consistent UL LBT failure or not, Para [0194]).
Regarding claims 7, 16 and 24, Babaei discloses the communication method/device/CRM according to claim 1/10/19, wherein the cell is a primary cell, a primary secondary cell, or a secondary cell (the cell is a Pcell or PScell, Para [0211]).
Regarding claims 8, 17 and 25, Babaei discloses the communication method/device/CRM according to claim 1/10/19, wherein the determining, by the terminal side device, that the consistent uplink LBT failure occurs in the first BWP of the cell comprises: performing, by the terminal side device, an uplink LBT in the first BWP of the cell; and in response to the terminal side device determining that each time an uplink LBT failure occurs in the first BWP, performing, by the terminal side device, the following operations: increasing a count value of an LBT failure counter by 1, where an initial value of the counter is 0 (value of the counter can be incremented based on detecting UL LBT failure, Para [0190]); starting or restarting a timer (starting a timer, Para [0190]); and determining that the consistent uplink LBT failure occurs in the BWP of the cell in response to the count value of the LBT failure counter reaching a threshold before the timer expires (consistent LBT failure is determined based on counter reaching the threshold, Para [0190]).
Regarding claims 9 and 18, Babaei discloses the communication method/device according to claim 8/17, wherein the method further comprises: resetting, by the terminal side device when the timer expires, the count value of the LBT failure counter to 0 (the value of the counter can be reset to 0 based on the expiry of the timer, Para [0190]).
Regarding claim 10, Babaei discloses a terminal side device (device, Fig. 15), comprising: a processor and a memory (memory and processor, Fig. 15) having instructions stored thereon that, when executed by the processor, cause the terminal device to: determine that a consistent uplink listen before talk (LBT) failure occurs in a first bandwidth part (BWP) of a cell (detecting consistent LBT failure on a BWP of a Pcell, Para [0211]); determine to switch to a second BWP of the cell in response to determining the consistent uplink LBT failure occurs in a first BWP (switching BWP due to the detected consistent LBT failure and resetting a counter for detection of consistent LBT failure of the BWP and/or stopping the timer for consistent LBT failure detection, Para [0211] or Para [0180, 197] of the provisional); generate a medium access control (MAC) control element (CE) indicating the terminal side device does not experience the consistent uplink LBT failure in the cell (the wireless device can report a consistent LBT failure on the cell with a MAC CE indicator, Para [0194], bitmap indicates whether the cell has declared consistent UL LBT failure or not, Para [0194], in this case indicating no LBT failure for that cell); but does not explicitly disclose cancel, a consistent uplink LBT failure status of the cell in a response to determining to switch to the second BWP of the cell such that the terminal side device refrains from indicating to a network side device that the consistent uplink LBT failure occurred in the cell. Tsai discloses a UE can detect consistent LBT failure on a first BWP of a first cell and if the first BWP is deactivated, the UE can cancel the triggered consistent LBT failure procedure, Para [0120], where the BWP may be deactivated when the UE switches from the BWP to another BWP, Para [0122]. Also see pages 12-13 of the provisional application. 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 Tsai in the system of Babaei in order to improve methods for LBT detection and recovery and to prevent the UE from performing unnecessary actions.
Regarding claim 19, Babaei discloses a non-transitory computer readable medium (computer readable medium, Para [0144]) having instructions stored thereon that, when executed by a processor, cause a terminal device to: determine that a consistent uplink listen before talk (LBT) failure occurs in a first bandwidth part (BWP) of a cell (detecting consistent LBT failure on a BWP of a Pcell, Para [0211]); determine to switch to a second BWP of the cell in response to determining the consistent uplink LBT failure occurs in a first BWP (switching BWP due to the detected consistent LBT failure and resetting a counter for detection of consistent LBT failure of the BWP and/or stopping the timer for consistent LBT failure detection, Para [0211] or Para [0180, 197] of the provisional); generate a medium access control (MAC) control element (CE) indicating the terminal side device does not experience the consistent uplink LBT failure in the cell (the wireless device can report a consistent LBT failure on the cell with a MAC CE indicator, Para [0194], bitmap indicates whether the cell has declared consistent UL LBT failure or not, Para [0194], in this case indicating no LBT failure for that cell); but does not explicitly disclose cancel, a consistent uplink LBT failure status of the cell in a response to determining to switch to the second BWP of the cell such that the terminal side device refrains from indicating to a network side device that the consistent uplink LBT failure occurred in the cell. Tsai discloses a UE can detect consistent LBT failure on a first BWP of a first cell and if the first BWP is deactivated, the UE can cancel the triggered consistent LBT failure procedure, Para [0120], where the BWP may be deactivated when the UE switches from the BWP to another BWP, Para [0122]. Also see pages 12-13 of the provisional application. 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 Tsai in the system of Babaei in order to improve methods for LBT detection and recovery and to prevent the UE from performing unnecessary actions.
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive. The Applicant argues the references do not disclose the limitations. Applicant argues Babaei and Tsai do not disclose canceling, by the terminal device, a consistent LBT failure status of the cell, such that the terminal side device refrains from indicating to a network side device that the consistent uplink LBT failure occurred in the cell. Applicant argues Tsai does not disclose the terminal devices cancels a consistent UL LBT failure status of the cell in response to determining to switch to the second BWP. Applicant argues over proactive cancellation. 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). In view of the combination of references the UE can detect consistent LBT failure on one BWP, instead of reporting the LBT failure, can cancel and switch to another BWP. Babaei already discloses detecting consistent LBT failure on BWP of a cell, Para [0211] and conventionally the UE will report the failure to the network. However, the UE can switch the BWP, reset the counter for consistent LBT failure and try LBT on the second BWP, Para [0211]. If the UE resets the counter for LBT failure, and attempts LBT on another BWP it is implied consistent LBT failure will not be reported (and thereby is canceled). Applicant argued over this, so Examiner used Tsai, who explicitly discloses canceling a consistent LBT failure procedure when the BWP is switched. It is straightforward, the UE is going to perform LBT on another BWP in the cell and isn’t going to report the LBT failure. Applicant then argues Tsai does not disclose generating a MAC CE indicating the UE does not experience consistent uplink LBT failure in the cell. In response, this limitation is disclosed by the Babaei reference. Tsai is used to explicitly disclose that a consistent LBT failure procedure can be canceled, because, in Babaei, the UE is switching to a second BWP and is attempting LBT on that BWP (instead of reporting consistent LBT failure for the cell).
Conclusion
THIS ACTION IS MADE FINAL. 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 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
Prosecution Insights