Prosecution Insights
Last updated: August 13, 2026
Application No. 17/928,263

METHOD AND APPARATUS FOR RECEIVING DOWNLINK AND UPLINK RADIO RESOURCES IN UNLICENSED BAND

Final Rejection §103
Filed
Nov 28, 2022
Priority
May 28, 2020 — RE 10-2020-0064451 +3 more
Examiner
JANGBAHADUR, LAKERAM
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Wilus Institute of Standards and Technology Inc.
OA Round
4 (Final)
88%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
671 granted / 765 resolved
+29.7% vs TC avg
Strong +23% interview lift
Without
With
+23.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
44 currently pending
Career history
814
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 765 resolved cases

Office Action

§103
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 . DETAILED ACTION In the amendment filed June 16, 2026, claims 7-10, 12, 15-18 and 20 are amended, claims 1-4 are canceled, claims 7- 22 are currently pending for examination. Response to Arguments Regarding 35 U.S.C. 112 applicant’s arguments, see page 7 paragraph 6, filed June 16, 2026, with respect to claims 1-4 have been fully considered and are persuasive. Therefore, the 112 rejection has been withdrawn. Regarding 35 U.S.C. 103 applicant’s arguments, see page 8 - page 12, filed June 16, 2026, with respect to claims 1-22 and 31-38 have been fully considered and are not persuasive. Applicant’s arguments with respect to claim(s) 7, 9-11, 13-5, 17-19 and 21-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Hence a new ground of rejection is further made in view of Ericsson (Enhancements to Initial Access Procedures, R1-2002032, IDS 6/23/2026). 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 of this title, 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 7, 9-11, 13-5, 17-19 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over MOTOROLA (MOTOROLA MOBILITY et al. Initial access procedure for NR-U. Rl-1911260, 3GPP TSG RAN WGl #98bis. Chongqing, China. 07 October 2019), and further in view of SPREADRUM (SPREADTRUM COMMUNICATIONS. Discussion on initial access and mobility in NR-U. Rl-1912572, 3GPP TSG RAN WGl Meeting #99. Reno, USA. 09 November 2019) and further in view of Ericsson (Enhancements to Initial Access Procedures, R1-2002032). As per claim 7, Motorola disclose A method for transmitting an uplink signal by a terminal, the method comprising: receiving radio resource control (RRC) configuration information including one or more synchronization signal/physical broadcast channel (SS/PBCH) block indices of one or more SS/PBCH blocks from a base station, wherein the one or more SS/PBCH block indices correspond to one or more candidate SS/PBCH block indices within a discovery burst transmission window, respectively (see section 2, details on SS/PBCH block (SSB) burst transmission and indication of transmitted SSBs, a UE use the indication of the transmitted SSBs for reception of other signals/channels in a DRS transmission window {a discovery burst transmission window} and measurement purposes, see section 2.2, a method in which when a UE receives an indicator of a start SSB of a DRS burst and distinguishes an SSB candidate location index of an identified SSB, the UE determines a set of SSB candidate locations for the DRS burst). Motorola however does not explicitly disclose A method for transmitting an uplink signal by a terminal in an unlicensed band. Spreadrum however disclose A method for transmitting an uplink signal by a terminal in an unlicensed band, the method comprising: receiving one or more SS/PBCH block indices that correspond to one or more candidate SS/PBCH block indices of one or more SS/PBCH blocks within a discovery burst transmission window, respectively (see sections 1 and 2.2.1, wherein in NR-U, an SS/PBCH block symbol is a symbol indicated to a UE by ssb-PositionlnBurst / a discovery burst transmission window, and PUCCH symbols should prevent a conflict with an SSB). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of a method for transmitting an uplink signal by a terminal in an unlicensed band, as taught by Spreadrum, in the system of Motorola, so as to enable a UE to avoid collision, see Spreadrum, Section 2.2.1. The combination of Motorola and Spreadrum however does not explicitly disclose verifying whether a physical random access channel (PRACH) occasion for PRACH transmission in a PRACH slot is valid, wherein whether the PRACH occasion in the PRACH slot is valid is verified based on i) whether the PRACH occasion precedes each of one or more candidate SS/PBCH blocks corresponding to the one or more candidate SS/PBCH block indices in the PRACH slot and ii) whether the PRACH occasion starts at least 'N' gap symbols after a last symbol of each of the one or more candidate SS/PBCH blocks, or whether the PRACH occasion starts the at least 'N' gap symbols after the last symbol of each of the one or more candidate SS/PBCH blocks and the PRACH occasion starts the at least 'N' gap symbols after a last downlink symbol configured by tdd- UL-DL-ConfigurationCommon information, depending on whether the tdd-UL-DL- ConfigurationCommon information for setting a slot format of each slot is provided; Ericsson however disclose verifying whether a physical random access channel (PRACH) occasion for PRACH transmission in a PRACH slot is valid, wherein whether the PRACH occasion in the PRACH slot is valid is verified based on i) whether the PRACH occasion precedes each of one or more candidate SS/PBCH blocks corresponding to the one or more candidate SS/PBCH block indices in the PRACH slot and ii) whether the PRACH occasion starts at least 'N' gap symbols after a last symbol of each of the one or more candidate SS/PBCH blocks, or whether the PRACH occasion starts the at least 'N' gap symbols after the last symbol of each of the one or more candidate SS/PBCH blocks and the PRACH occasion starts the at least 'N' gap symbols after a last downlink symbol configured by tdd- UL-DL-ConfigurationCommon information, depending on whether the tdd-UL-DL- ConfigurationCommon information for setting a slot format of each slot is provided (see pages 5, 7, 12 and 14, section 2.3, states that tdd-UL-DL-ConfigurationCommon is provided to UE. If not, it is stated that a PRACH opportunity within a PRACH slot is valid if it does not precede an SS/PBCH block within the PRACH slot and starts at least after an Ngap symbol from the last SS/ PBCH block receive symbol. Furthermore, Section 2.3 states that tdd-UL-DL-ConfigurationCommon was proposed to UE. When provided, the PRACH opportunity in the PRACH slot does not precede the SS/PBCH block in the PRACH slot, starts at least after the Ngap symbol from the last downlink symbol, and starts at least after the Ngap symbol from the last SS/PBCH block receive symbol, whether the PRACH opportunity in the PRACH slot is valid or not is determined by..." Alternatively, depending on whether the PRACH opportunity begins with at least the 'N' gap symbol after the last symbol of each of the one or more SS/PBCH blocks, and whether tdd-UL-DL-ConfigurationCommon information is provided to set the slot format of each slot, the PRACH opportunity is verified based on whether it begins with at least the 'N' gap symbol after at least the down symbol set by the tdd-UL-DL-ConfigurationCommon information, see also pages 5, 7, 12 and 14, verifying that a physical random access channel (PRACH) occasion for PRACH transmission in a PRACH slot is valid, if a UE is not provided tdd-UL-DL-ConfigurationCommon, a PRACH occasion in a PRACH slot is valid if it does not precede a SS/PBCH block in the PRACH slot and starts at least Ngap symbols after a last SS/PBCH block reception symbol, where Ngap is provided in Table 8.1-2). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of verifying whether a physical random access channel (PRACH) occasion for PRACH transmission in a PRACH slot is valid, wherein whether the PRACH occasion in the PRACH slot is valid is verified based on i) whether the PRACH occasion precedes each of one or more candidate SS/PBCH blocks corresponding to the one or more candidate SS/PBCH block indices in the PRACH slot and ii) whether the PRACH occasion starts at least 'N' gap symbols after a last symbol of each of the one or more candidate SS/PBCH blocks, or whether the PRACH occasion starts the at least 'N' gap symbols after the last symbol of each of the one or more candidate SS/PBCH blocks and the PRACH occasion starts the at least 'N' gap symbols after a last downlink symbol configured by tdd- UL-DL-ConfigurationCommon information, depending on whether the tdd-UL-DL- ConfigurationCommon information for setting a slot format of each slot is provided, as taught by Ericsson, in the system of Motorola and Spreadrum, so as to determine when a PRACH slot is valid, see Ericsson, Section 2.3, page 5. As per claim 9, the combination of Motorola, Spreadrum and Ericsson the method of claim 7. Ericsson further disclose when the tdd-UL-DL- ConfigurationCommon information is provided, wherein the PRACH occasion including flexible symbol configured by the tdd-UL-DL-ConfigurationCommon information is valid when i) the PRACH occasion does not precede each of theone or more candidate SS/PBCH blocks in the PRACH and ii) the PRACH occasion starts the at least 'N' gap symbols start after the last symbol of each of the one or more candidate SS/PBCH blocks and the at least 'N' gap symbols after the last downlink symbol (see pages 5, 7, 12 and 14, section 2.3, the tdd-UL-DL-ConfigurationCommon information is valid when i) the PRACH occasion does not precede each of theone or more candidate SS/PBCH blocks in the PRACH and ii) the PRACH occasion starts the at least 'N' gap symbols start after the last symbol of each of the one or more candidate SS/PBCH blocks and the at least 'N' gap symbols after the last downlink symbol). As per claim 10, the combination of Motorola, Spreadrum and Ericsson the method of claim 7. Ericsson further disclose further disclose wherein first symbol indices of the SS/PBCH blocks are determined based on a subcarrier spacing (SCS) of the one or more SS/PBCH blocks (see section 2.1-2.3, OFDM symbols with a configured reference subcarrier spacing / symbol indices of the SS/PBCH blocks are determined based on a subcarrier spacing (SCS) of the one or more SS/PBCH blocks, for operation with shared spectrum channel access, Lmax = 10 for 15 kHz SCS of SS/PBCH blocks, and Lmax = 20 for 30 kHz SCS of SS/PBCH blocks). As per claim 11, the combination of Motorola, Spreadrum and Ericsson the method of claim 7. Ericsson further disclose of wherein the RRC configuration information further includes a maximum number of the one or more SS/PBCH block indices from the base station (see pages 3, 5, 7, 12 and 14, section 2.1-2.3, a maximum number of the one or more SS/PBCH block indices from the base station , where PNG media_image1.png 118 760 media_image1.png Greyscale Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over MOTOROLA (MOTOROLA MOBILITY et al. Initial access procedure for NR-U. Rl-1911260, 3GPP TSG RAN WGl #98bis. Chongqing, China. 07 October 2019), and further in view of SPREADRUM (SPREADTRUM COMMUNICATIONS. Discussion on initial access and mobility in NR-U. Rl-1912572, 3GPP TSG RAN WGl Meeting #99. Reno, USA. 09 November 2019), in view of Ericsson (Enhancements to Initial Access Procedures, R1-2002032) and further in view of Kim (US Pub. No.:2021/0168815). As per claim 13, the combination of Motorola, Spreadrum and Ericsson the method of claim 7. The combination of Motorola, Spreadrum and Ericsson however does not explicitly disclose wherein a value of 'N' is determined based on a subcarrier spacing (SCS) used for the PRACH transmission. Kim however disclose wherein a value of 'N' is determined based on a subcarrier spacing (SCS) used for the PRACH transmission (see para. 0094, 0311-0315, 0321, For a set of symbols of a slot indicated by a higher-layer parameter ssb-PositionsInBurst in a higher-layer parameter SystemInformationBlockType1 or ServingCellConfigCommon, for reception of SS/PBCH blocks, the UE does not transmit a PUSCH, a PUCCH, or a PRACH in the slot if a transmission overlaps with any symbol of the set of symbols, and the UE does not transmit an SRS in the set of symbols of the slot. When the higher-layer parameter TDD-UL-DL-ConfigurationCommon or TDD-UL-DL-ConfigDedicated is provided to the UE, the UE does not expect the set of symbols of the slot to be indicated as UL by the higher-layer parameter, see also para. 0101-0109, 0107, When SCS=1.25 kHz, subframe #i is defined by one 1-ms slot, slot #2i. [0108] When SCS=15 kHz, subframe #i may be defined by six subslots as illustrated in Table 1). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of a wherein a value of 'N' is determined based on a subcarrier spacing (SCS) used for the PRACH transmission, as taught by Kim, in the system of Motorola, Spreadrum and Ericsson, for efficiently transmitting and receiving a wireless signal, by detecting a synchronization signal block (SSB) in an unlicensed band, wherein the SSB may include an index related to a control resource set (CORESET) configuration; determining a resource block (RB) offset used to identify a frequency position of a CORESET associated with the SSB based on the index; and monitoring the CORESET in the unlicensed band based on the RB offset, see Kim, paragraphs 0004-0010. As per claim 14, the combination of Motorola, Spreadrum, Ericsson and Kim the method of claim 13. Kim further disclose wherein the value of 'N' is '0' when the SCS is 1.25 kHz or 5 kHz, and wherein the value of 'N' is '2' when the SCS is 15 kHz, 30 kHz, 60 kHz or 120 kHz (see Table 1, para. 0105, One subframe may be defined by one or more slots according to a subcarrier spacing (SCS) as follows. [0106] When SCS=7.5 kHz or 15 kHz, subframe #i is defined by two 0.5-ms slots, slot #2i and slot #2i+1 (i=0˜9). [0107] When SCS=1.25 kHz, subframe #i is defined by one 1-ms slot, slot #2i. [0108] When SCS=15 kHz, subframe #i may be defined by six subslots as illustrated in Table 1). As per claim 15, claim 15 is rejected the same way as claim 7. Ericsson further disclose A terminal (see page 3, a UE,) configured to operate in an unlicensed band, the terminal comprising: a communication module (see page 3, UE a communication module); and a processor (see page 3, UE a CPU/a processor). As per claim 17, claim 17 is rejected the same way as claim 9. As per claim 18, claim 18 is rejected the same way as claim 10. As per claim 19, claim 19 is rejected the same way as claim 11. As per claim 21, claim 21 is rejected the same way as claim 13. As per claim 22, claim 22 is rejected the same way as claim 14. Allowable Subject Matter Claims 4, 8, 12, 16 and 20 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 3GPP/CN search (3GPP TSG RAN WG1 #101 R1-2004014, May 16, 2020 – IDS summitted 1/29/2026 in view of CN search pages 2-3, Section 2) - Fig.1, Proposal #2. “When receiving the PDSCH scheduled with SI-RNTI and the system information indicator in DCI is set to 1, RARNTI, MsgB-RNTI, P-RNTI or TC-RNTI, the UE assumes SS/PBCH block transmission according to ssb-PositionsInBurst, and if the PDSCH resource allocation overlaps with PRBs containing SS/PBCH block transmission resources the UE shall assume that the PRBs containing SS/PBCH block transmission resources are not available for PDSCH in the OFDM symbols where SS/PBCH block is transmitted (corresponding to the PDSCH is received in at least one resource excluding one or more specific resources among the resources, and wherein the one or more specific resources partially or fully overlap with physical resource blocks, PRBs, containing one or more SS/PBCH block resources for transmission of the one or more SS/PBCH blocks).” Kim (US Pub. No.:2023/0092031) – see claim 1, “A method performed by a user equipment (UE) in a wireless communication system, the method comprising: receiving a synchronization signal/physical broadcast channel (SS/PBCH) block in an unlicensed band; obtaining master information block (MIB) from the SS/PBCH block, wherein the MIB includes an index related to configuration of a control resource set (CORESET); determining an offset from a smallest resource block (RB) index of the CORESET to a smallest RB index of the SS/PBCH block based on the index; and based on the offset, monitoring a Type0-physical downlink control channel (PDCCH) common search space (CSS) set associated with the CORESET in the unlicensed band, wherein, based on a subcarrier spacing (SCS) of the SS/PBCH block, the offset is determined as follows: TABLE-US-00027 SCS of SS/PBCH SCS of SS/PBCH block = 30 kHz block = 15 kHz Index offset offset n 0 10 n + 1 1 12 n + 2 2 14 where n represents an integer”. 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 LAKERAM JANGBAHADUR whose telephone number is (571)272-1335. The examiner can normally be reached on M-F 7 am - 4 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on 571-272-3085. The fax phone 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. /LAKERAM JANGBAHADUR/ Primary Examiner, Art Unit 2469
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Prosecution Timeline

Show 1 earlier event
Mar 21, 2025
Non-Final Rejection mailed — §103
Jun 23, 2025
Response Filed
Jul 30, 2025
Final Rejection mailed — §103
Oct 30, 2025
Request for Continued Examination
Nov 12, 2025
Response after Non-Final Action
Mar 16, 2026
Non-Final Rejection mailed — §103
Jun 16, 2026
Response Filed
Jul 02, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+23.2%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 765 resolved cases by this examiner. Grant probability derived from career allowance rate.

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