Prosecution Insights
Last updated: April 18, 2026
Application No. 18/001,308

CHANNEL ACCESS FAILURE INFORMATION ON SHARED SPECTRUM

Final Rejection §103
Filed
Dec 09, 2022
Examiner
NGUYEN, LIEM HONG
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
4 (Final)
71%
Grant Probability
Favorable
5-6
OA Rounds
2y 12m
To Grant
96%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
158 granted / 222 resolved
+13.2% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
31 currently pending
Career history
253
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
21.0%
-19.0% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 222 resolved cases

Office Action

§103
DETAILED ACTION This communication is in response to applicant's response filed under 37 C.F.R. §1.111, dated February 20, 2026 in response to a non-final office action. Claims 1, 3, 5, 6, 15, 19, 25, 26, and 29 have been amended. Claims 2 and 31 have been cancelled. Claims 1 and 3-29 are subject to examination and have been examined. Response to Arguments Applicant's arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. 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 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. Claims 1, 15, 26, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US Patent Application Publication, 20220346174, hereinafter, “Wang”) in view of Belleschi et.al. (US Patent Application Publication, 20230007686, hereinafter, “Belleschi”). Regarding claim 1, Wang teaches: A method for wireless communications by a user equipment (UE), comprising (Wang: [0101] FIG. 2 depicts a method in accordance with particular embodiments. The method may be performed by a wireless device (e.g., a UE) utilizing unlicensed spectrum …): logging information associated with channel access failures on one or more frequency bands in shared spectrum, wherein the information includes an indication of how many channel access failures have been observed (Wang: [0105] In step 204, the wireless device experiences one or more LBT failures. Such an LBT failure may occur when the wireless device attempts to grasp access to a channel on unlicensed spectrum ... [0106] In some embodiments, the wireless device may detect an event known as consistent LBT failure, in which the wireless device experiences a threshold number of LBT failures ... Consistent LBT failure may be detected by the wireless device implementing a counter and a timer ... The counter is incremented upon experiencing a LBT failure [i.e., logging failures] … [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) …); and transmitting the information to a network entity (Wang: [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) …). Although Wang an LBT failure may occur when a wireless device attempts to grasp access to a channel on unlicensed spectrum, and transmitting a report message, to a network node, comprising an indication of one or more LBT failures, Wang does not explicitly teach: wherein the information further includes an indication of one or more bandwidth parts (BWPs) used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs. However, in the same field of endeavor, Belleschi teaches: wherein the information further includes an indication of one or more bandwidth parts (BWPs) used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs (Belleschi: [0145] According to embodiments of the present disclosure, diagnostic information about random access performed in an unlicensed spectrum is reported to the access node ... Such information may be reported separately for 2-step and 4-step RACH. As will be described in further detail below, the 2-step/4-step RACH report may, in turn, be included … in an LBT report … [0146] Particular embodiments include a method (400) performed by a UE (105), as shown in FIG. 8. The method (400) comprises making a plurality of attempts at random access to the access node (110) (step 410). The method (400) further comprises transmitting, to the access node (110), a report comprising Listen Before Talk (LBT) diagnostic data for each of the attempts at random access (step 420) … [0148] For each initiated random access procedure, the diagnostic data reported to the access node 110 may contain a variety of information related to random access performance. Such information may include, for example, whether LBT was successful or not for a given preamble transmission (e.g., a msgA or msg1 transmission) or a msg3 transmission (when 4-step RACH or 2-step RACH with a fallback to 4-step RACH is performed) ... Such information may additionally or alternatively include LBT configuration information used during the random access procedure … [0157] The diagnostic information reported to the access node 110 about random access may additionally or alternatively include other information not directly associated to LBT failures [the Examiner interprets that the following information is about the BWP used during the random access associated with the LBT procedure (not directly related to the number of LBT failures)], such as information related to the BWP selected by the UE 105 in which to perform RA (e.g., location and bandwidth, subcarrier spacing, Absolute Radio-Frequency Channel Number (ARFCN) value associated with the selected BWP).). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang to include the features as taught by Belleschi above in order to advantageously optimize or enhance the network configuration. (Belleschi, ¶ [0132]). Regarding claim 15, Wang teaches: A method for wireless communications by a network entity, comprising (Wang: [0102] The method begins at step 202, in which the wireless device receives a configuration message from a network node (e.g., a serving network node such as a base station) …): receiving, from a user equipment (UE), information associated with channel access failures of the UE on one or more frequency bands in shared spectrum, wherein the information includes an indication of how many channel access failures have been observed (Wang: [0105] In step 204, the wireless device experiences one or more LBT failures. Such an LBT failure may occur when the wireless device attempts to grasp access to a channel on unlicensed spectrum ... [0106] In some embodiments, the wireless device may detect an event known as consistent LBT failure, in which the wireless device experiences a threshold number of LBT failures ... Consistent LBT failure may be detected by the wireless device implementing a counter and a timer ... The counter is incremented upon experiencing a LBT failure [i.e., logging failures] … [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) ...); and taking one or more actions based on the information (Wang: [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) …). Although Wang an LBT failure may occur when a wireless device attempts to grasp access to a channel on unlicensed spectrum, and transmitting a report message, to a network node, comprising an indication of one or more LBT failures, Wang does not explicitly teach: wherein the information further includes an indication of one or more bandwidth parts (BWPs) used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs. However, in the same field of endeavor, Belleschi teaches: wherein the information further includes an indication of one or more bandwidth parts (BWPs) used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs (Belleschi: [0145] According to embodiments of the present disclosure, diagnostic information about random access performed in an unlicensed spectrum is reported to the access node ... Such information may be reported separately for 2-step and 4-step RACH. As will be described in further detail below, the 2-step/4-step RACH report may, in turn, be included … in an LBT report … [0146] Particular embodiments include a method (400) performed by a UE (105), as shown in FIG. 8. The method (400) comprises making a plurality of attempts at random access to the access node (110) (step 410). The method (400) further comprises transmitting, to the access node (110), a report comprising Listen Before Talk (LBT) diagnostic data for each of the attempts at random access (step 420) … [0148] For each initiated random access procedure, the diagnostic data reported to the access node 110 may contain a variety of information related to random access performance. Such information may include, for example, whether LBT was successful or not for a given preamble transmission (e.g., a msgA or msg1 transmission) or a msg3 transmission (when 4-step RACH or 2-step RACH with a fallback to 4-step RACH is performed) ... Such information may additionally or alternatively include LBT configuration information used during the random access procedure … [0157] The diagnostic information reported to the access node 110 about random access may additionally or alternatively include other information not directly associated to LBT failures [the Examiner interprets that the following information is about the BWP used during the random access associated with the LBT procedure (not directly related to the number of LBT failures)], such as information related to the BWP selected by the UE 105 in which to perform RA (e.g., location and bandwidth, subcarrier spacing, Absolute Radio-Frequency Channel Number (ARFCN) value associated with the selected BWP).). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang to include the features as taught by Belleschi above in order to advantageously optimize or enhance the network configuration. (Belleschi, ¶ [0132]). Regarding claim 26, Wang teaches: A user equipment (UE), comprising (Wang: [0101] FIG. 2 depicts a method in accordance with particular embodiments. The method may be performed by a wireless device (e.g., a UE) utilizing unlicensed spectrum … Figs. 2, 6): a processing system (Wang: [0209] As illustrated, wireless device 610 includes … processing circuitry 620 ... Fig. 6) configured to log information associated with channel access failures on one or more frequency bands in shared spectrum, wherein the information includes an indication of how many channel access failures have been observed (Wang: [0105] In step 204, the wireless device experiences one or more LBT failures. Such an LBT failure may occur when the wireless device attempts to grasp access to a channel on unlicensed spectrum ... [0106] In some embodiments, the wireless device may detect an event known as consistent LBT failure, in which the wireless device experiences a threshold number of LBT failures ... Consistent LBT failure may be detected by the wireless device implementing a counter and a timer ... The counter is incremented upon experiencing a LBT failure [i.e., logging failures] … [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) ...); and a transmitter (Wang: [0209] As illustrated, wireless device 610 includes antenna 611, interface 614 … RF transceiver circuitry 622 ... Fig. 6) configured to transmit the information to a network entity (Wang: [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) …). Although Wang an LBT failure may occur when a wireless device attempts to grasp access to a channel on unlicensed spectrum, and transmitting a report message, to a network node, comprising an indication of one or more LBT failures, Wang does not explicitly teach: wherein the information further includes an indication of one or more bandwidth parts (BWPs) used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs. However, in the same field of endeavor, Belleschi teaches: wherein the information further includes an indication of one or more bandwidth parts (BWPs) used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs (Belleschi: [0145] According to embodiments of the present disclosure, diagnostic information about random access performed in an unlicensed spectrum is reported to the access node ... Such information may be reported separately for 2-step and 4-step RACH. As will be described in further detail below, the 2-step/4-step RACH report may, in turn, be included … in an LBT report … [0146] Particular embodiments include a method (400) performed by a UE (105), as shown in FIG. 8. The method (400) comprises making a plurality of attempts at random access to the access node (110) (step 410). The method (400) further comprises transmitting, to the access node (110), a report comprising Listen Before Talk (LBT) diagnostic data for each of the attempts at random access (step 420) … [0148] For each initiated random access procedure, the diagnostic data reported to the access node 110 may contain a variety of information related to random access performance. Such information may include, for example, whether LBT was successful or not for a given preamble transmission (e.g., a msgA or msg1 transmission) or a msg3 transmission (when 4-step RACH or 2-step RACH with a fallback to 4-step RACH is performed) ... Such information may additionally or alternatively include LBT configuration information used during the random access procedure … [0157] The diagnostic information reported to the access node 110 about random access may additionally or alternatively include other information not directly associated to LBT failures [the Examiner interprets that the following information is about the BWP used during the random access associated with the LBT procedure (not directly related to the number of LBT failures)], such as information related to the BWP selected by the UE 105 in which to perform RA (e.g., location and bandwidth, subcarrier spacing, Absolute Radio-Frequency Channel Number (ARFCN) value associated with the selected BWP).). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang to include the features as taught by Belleschi above in order to advantageously optimize or enhance the network configuration. (Belleschi, ¶ [0132]). Regarding claim 29, Wang teaches: A network entity, comprising (Wang: [0102] … the wireless device receives a configuration message from a network node (e.g., a serving network node such as a base station) … Figs. 2, 6): a receiver (Wang: [0195, 0199] In FIG. 6, network node 660 includes … radio frequency (RF) transceiver circuitry 672 ... Fig. 6) configured to receive, from a user equipment (UE), information associated with channel access failures of the UE on one or more frequency bands in shared spectrum, wherein the information includes an indication of how many channel access failures have been observed on each of one or more bandwidth parts (BWPs) (Wang: [0105] In step 204, the wireless device experiences one or more LBT failures. Such an LBT failure may occur when the wireless device attempts to grasp access to a channel on unlicensed spectrum ... [0106] In some embodiments, the wireless device may detect an event known as consistent LBT failure, in which the wireless device experiences a threshold number of LBT failures ... Consistent LBT failure may be detected by the wireless device implementing a counter and a timer ... The counter is incremented upon experiencing a LBT failure [i.e., logging failures] … [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) ...); and a processing system (Wang: [0195] In FIG. 6, network node 660 includes processing circuitry 670 ... Fig. 6) configured to take one or more actions based on the information (Wang: [0107] In step 206, the wireless device transmits a report message, to a network node, comprising an indication of one or more LBT failures experienced by the wireless device (e.g., in step 204) …). Although Wang an LBT failure may occur when a wireless device attempts to grasp access to a channel on unlicensed spectrum, and transmitting a report message, to a network node, comprising an indication of one or more LBT failures, Wang does not explicitly teach: wherein the information further includes an indication of the one or more BWPs used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs. However, in the same field of endeavor, Belleschi teaches: wherein the information further includes an indication of the one or more BWPs used for the channel access using a listen before talk (LBT) mechanism, the indication of the one or more BWPs including a frequency location, bandwidth, and subcarrier spacing associated with the one or more BWPs (Belleschi: [0145] According to embodiments of the present disclosure, diagnostic information about random access performed in an unlicensed spectrum is reported to the access node ... Such information may be reported separately for 2-step and 4-step RACH. As will be described in further detail below, the 2-step/4-step RACH report may, in turn, be included … in an LBT report … [0146] Particular embodiments include a method (400) performed by a UE (105), as shown in FIG. 8. The method (400) comprises making a plurality of attempts at random access to the access node (110) (step 410). The method (400) further comprises transmitting, to the access node (110), a report comprising Listen Before Talk (LBT) diagnostic data for each of the attempts at random access (step 420) … [0148] For each initiated random access procedure, the diagnostic data reported to the access node 110 may contain a variety of information related to random access performance. Such information may include, for example, whether LBT was successful or not for a given preamble transmission (e.g., a msgA or msg1 transmission) or a msg3 transmission (when 4-step RACH or 2-step RACH with a fallback to 4-step RACH is performed) ... Such information may additionally or alternatively include LBT configuration information used during the random access procedure … [0157] The diagnostic information reported to the access node 110 about random access may additionally or alternatively include other information not directly associated to LBT failures [the Examiner interprets that the following information is about the BWP used during the random access associated with the LBT procedure (not directly related to the number of LBT failures)], such as information related to the BWP selected by the UE 105 in which to perform RA (e.g., location and bandwidth, subcarrier spacing, Absolute Radio-Frequency Channel Number (ARFCN) value associated with the selected BWP).). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang to include the features as taught by Belleschi above in order to advantageously optimize or enhance the network configuration. (Belleschi, ¶ [0132]). Claims 3, 14, 16-17, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Wang-Belleschi in view of Hong (US Patent Application Publication, 20220256602, hereinafter, “Hong”). Regarding claim 3, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: wherein the information comprises LBT failure information and is transmitted via one of a report. However, in the same field of endeavor, Hong teaches: wherein the information comprises LBT failure information and is transmitted via one of a report (Hong: [0063] The terminal may record and save a result of LBT and location information of LBT each time it performs LBT, it may also only record location information when the LBT fail … [0068] In step S405, the terminal receives the information reporting request sent by the base station, and reports the LBT information to the base station ... Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Hong above in order to reduce the probability of LBT failure on unlicensed frequency band. (Hong, ¶ [0003-0004]). Regarding claim 14, Wang-Belleschi discloses on the features with respect to claim 3 as outlined above. Wang-Belleschi does not explicitly teach: receiving a request for the information from the network entity, wherein the information is transmitted to the network entity in response to the request. However, in the same field of endeavor, Hong teaches: receiving a request for the information from the network entity, wherein the information is transmitted to the network entity in response to the request (Hong: [0068] In step S405, the terminal receives the information reporting request sent by the base station, and reports the LBT information to the base station [i.e., network entity] according to the information reporting request. Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Hong above in order to reduce the probability of LBT failure on unlicensed frequency band. (Hong, ¶ [0003-0004]). Regarding claim 16, Wang-Belleschi discloses on the features with respect to claim 15 as outlined above. Wang-Belleschi does not explicitly teach: at least one of: the channel access involves a listen before talk (LBT) mechanism; or the information comprises LBT failure information and is received via one of a report, a self-organizing network container, and a minimization of drive test container. However, in the same field of endeavor, Hong teaches: at least one of: the channel access involves a listen before talk (LBT) mechanism (Hong: [0063] The terminal may record and save a result of LBT and location information of LBT each time it performs LBT ... Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Hong above in order to reduce the probability of LBT failure on unlicensed frequency band. (Hong, ¶ [0003-0004]). Regarding claim 17, Wang-Belleschi discloses on the features with respect to claim 15 as outlined above. Wang-Belleschi does not explicitly teach: wherein the one or more actions involve at least one of: improving channel access failure recovery; selecting at least one of a bandwidth part (BWP) or resource block (RB) set for at least one of uplink or downlink transmissions; or sharing the information with one or more other network entities. However, in the same field of endeavor, Hong teaches: wherein the one or more actions involve at least one of: improving channel access failure recovery (Hong: [0070] … the base station can receive the LBT information reported by the terminal according to the information reporting request, and perform parameter configuration on the terminal according to the LBT information, so as to reduce the probability of LBT failure and improve the overall performance of the system. Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Hong above in order to reduce the probability of LBT failure on unlicensed frequency band. (Hong, ¶ [0003-0004]). Regarding claim 25, Wang-Belleschi discloses on the features with respect to claim 15 as outlined above. Wang-Belleschi does not explicitly teach: wherein the one or more actions involve at least one of: improving channel access failure recovery; selecting at least one of a bandwidth part (BWP) or resource block (RB) set for at least one of uplink or downlink transmissions; or sharing the information with one or more other network entities. However, in the same field of endeavor, Hong teaches: transmitting to the UE a request for the information, wherein the information is received from the UE in response to the request (Hong: [0068] In step S405, the terminal receives the information reporting request sent by the base station, and reports the LBT information to the base station [i.e., network entity] according to the information reporting request. Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Hong above in order to reduce the probability of LBT failure on unlicensed frequency band. (Hong, ¶ [0003-0004]). Claims 4, 7-8, 18, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Wang-Belleschi in view of Ozturk et.al. (US Patent Application Publication, 20200221309, hereinafter, “Ozturk”). Regarding claim 4, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: wherein the information comprises at least one of serving cell information or a cell group identifier. However, in the same field of endeavor, Ozturk teaches: wherein the information comprises at least one of serving cell information (Ozturk: [0081] For example, the report further includes … a channel occupancy of a set of cells associated with the unlicensed frequency spectrum, where the set of cells may include a cell providing the first unlicensed frequency channel.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Ozturk above in order to overcome the channel access problem. (Ozturk, ¶ [0007]). Regarding claim 7, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: an indication of one or more channel access schemes; and a number of channel access failures observed for each of the channel access schemes. However, in the same field of endeavor, Ozturk teaches: an indication of one or more channel access schemes; and a number of channel access failures observed for each of the channel access schemes (Ozturk: [0080] For example, the report may include at least one of identification of a cell providing the first unlicensed frequency channel, a type of the transmission, an LBT type, the first threshold number of attempts, or the first threshold duration. For example, the report may further include a weighted sum of the number of failed attempts and the duration of failed attempts). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Ozturk above in order to overcome the channel access problem. (Ozturk, ¶ [0007]). Regarding claim 8, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: wherein the information comprises at least one of: an indication of one or more uplink transmission types associated with the channel access; an indication of whether a physical downlink control channel (PDCCH) search space is within a channel occupancy time (COT) of the network entity; a channel access priority class (CAPC) used for transmission on shared spectrum used for the channel access; or at least one of received signal strength indicator (RSSI), channel occupancy (CO) measurement at bandwidth or bandwidth part (BWP) used for the channel access. However, in the same field of endeavor, Ozturk teaches: wherein the information comprises at least one of: at least one of received signal strength indicator (RSSI), channel occupancy (CO) measurement at bandwidth or bandwidth part (BWP) used for the channel access (Ozturk: [0081] For example, the report further includes at least one of … an RSSI, or a channel occupancy of a set of cells associated with the unlicensed frequency spectrum, where the set of cells may include a cell providing the first unlicensed frequency channel.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Ozturk above in order to overcome the channel access problem. (Ozturk, ¶ [0007]). Regarding claim 18, Wang-Belleschi discloses on the features with respect to claim 15 as outlined above. Wang-Belleschi does not explicitly teach: wherein the information comprises at least one of serving cell information or a cell group identifier. However, in the same field of endeavor, Ozturk teaches: wherein the information comprises at least one of serving cell information (Ozturk: [0081] For example, the report further includes … a channel occupancy of a set of cells associated with the unlicensed frequency spectrum, where the set of cells may include a cell providing the first unlicensed frequency channel.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Ozturk above in order to overcome the channel access problem. (Ozturk, ¶ [0007]). Regarding claim 21, Wang-Belleschi discloses on the features with respect to claim 15 as outlined above. Wang-Belleschi does not explicitly teach: an indication of one or more channel access schemes; and a number of channel access failures observed for each of the channel access schemes. However, in the same field of endeavor, Ozturk teaches: an indication of one or more channel access schemes; and a number of channel access failures observed for each of the channel access schemes (Ozturk: [0080] For example, the report may include at least one of identification of a cell providing the first unlicensed frequency channel, a type of the transmission, an LBT type, the first threshold number of attempts, or the first threshold duration. For example, the report may further include a weighted sum of the number of failed attempts and the duration of failed attempts). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Ozturk above in order to overcome the channel access problem. (Ozturk, ¶ [0007]). Regarding claim 22, Wang-Belleschi discloses on the features with respect to claim 15 as outlined above. Wang-Belleschi does not explicitly teach: wherein the information comprises at least one of: an indication of one or more uplink transmission types associated with the channel access; an indication of whether a physical downlink control channel (PDCCH) search space is within a channel occupancy time (COT) of the network entity; a channel access priority class (CAPC) used for transmission on shared spectrum used for the channel access; or at least one of received signal strength indicator (RSSI), channel occupancy (CO) measurement at bandwidth or bandwidth part (BWP) used for the channel access. However, in the same field of endeavor, Ozturk teaches: wherein the information comprises at least one of: at least one of received signal strength indicator (RSSI), channel occupancy (CO) measurement at bandwidth or bandwidth part (BWP) used for the channel access (Ozturk: [0081] For example, the report further includes at least one of … an RSSI, or a channel occupancy of a set of cells associated with the unlicensed frequency spectrum, where the set of cells may include a cell providing the first unlicensed frequency channel.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Ozturk above in order to overcome the channel access problem. (Ozturk, ¶ [0007]). Claims 5-6 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang-Belleschi in view of Zou et.al. (US Patent Application Publication, 20220338257, hereinafter, “Zou”). Regarding claim 5, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: wherein the information comprises: an indication of the one or more BWPs used for the channel access, wherein the indication of how many channel access failures have been observed includes an indication of a number of channel access failures on each of the one or more BWPs. However, in the same field of endeavor, Zou teaches: wherein the information comprises: an indication of the one or more BWPs used for the channel access, wherein the indication of how many channel access failures have been observed includes an indication of a number of channel access failures on each of the one or more BWPs (Zou: [0136] … In some embodiments, the higher layer of the receiving device may in turn perform the resource saving transmission in accordance with the data and monitor for subband LBT failures in each subband. In some embodiments, the higher layer of the receiving device may retrieve, identify, or receive an indication of a subband LBT failure from the lower layer … [0134] ... In determining, the receiving device may identify one or more characteristics (e.g., regarding LBT operations) to compare against the one or more conditions of the configuration information to determine whether any or all satisfy … a total number of failed LBT operations in all subbands during a specified time duration for downlink or uplink resource-saving transmission ...). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Zou above in order to enable configuration of resource-saving data transmissions in shared spectrum channel access. (Zou, ¶ [0002]). Regarding claim 6, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: wherein: the information comprises an indication of the one or more BWPs used for the channel access, each of the one or more BWPs spanning one or more resource block (RB) sets; and the indication of how many channel access failures have been observed includes a number of channel access failures observed on each of the one or more RB sets. However, in the same field of endeavor, Zou teaches: wherein: the information comprises an indication of the one or more BWPs used for the channel access, each of the one or more BWPs spanning one or more resource block (RB) sets (Zou: [0044] … a listen-before-talk (LBT) failure may have to be reported from a PHY layer to a MAC layer so that the MAC layer can schedule the following data transmission according to the resource allocation information. At PHY layer, a real-time LBT measurement (e.g., CCA measurement) may be performed at each LBT subband (e.g., at a 20 MHz band or RB set) …); and the indication of how many channel access failures have been observed includes a number of channel access failures observed on each of the one or more RB sets (Zou: [0136] … In some embodiments, the higher layer of the receiving device may in turn perform the resource saving transmission in accordance with the data and monitor for subband LBT failures in each subband. In some embodiments, the higher layer of the receiving device may retrieve, identify, or receive an indication of a subband LBT failure from the lower layer … [0134] ... In determining, the receiving device may identify one or more characteristics (e.g., regarding LBT operations) to compare against the one or more conditions of the configuration information to determine whether any or all satisfy … a total number of failed LBT operations in all subbands during a specified time duration for downlink or uplink resource-saving transmission ...). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Zou above in order to enable configuration of resource-saving data transmissions in shared spectrum channel access. (Zou, ¶ [0002]). Regarding claim 19, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: wherein the information comprises an indication of the one or more BWPs used for the channel access, wherein the indication of how many channel access failures have been observed includes an indication of a number of channel access failures on each of the one or more BWPs. However, in the same field of endeavor, Zou teaches: wherein the information comprises an indication of the one or more BWPs used for the channel access, wherein the indication of how many channel access failures have been observed includes an indication of a number of channel access failures on each of the one or more BWPs (Zou: [0136] … In some embodiments, the higher layer of the receiving device may in turn perform the resource saving transmission in accordance with the data and monitor for subband LBT failures in each subband. In some embodiments, the higher layer of the receiving device may retrieve, identify, or receive an indication of a subband LBT failure from the lower layer … [0134] ... In determining, the receiving device may identify one or more characteristics (e.g., regarding LBT operations) to compare against the one or more conditions of the configuration information to determine whether any or all satisfy … a total number of failed LBT operations in all subbands during a specified time duration for downlink or uplink resource-saving transmission ...). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Zou above in order to enable configuration of resource-saving data transmissions in shared spectrum channel access. (Zou, ¶ [0002]). Regarding claim 20, Wang-Belleschi discloses on the features with respect to claim 19 as outlined above. Wang-Belleschi does not explicitly teach: wherein: the information comprises an indication of the one or more BWPs used for the channel access, each of the one or more BWPs spanning one or more resource block (RB) sets; and the indication of how many channel access failures have been observed comprises a number of channel access failures observed on each RB set for a BWP. However, in the same field of endeavor, Zou teaches: wherein: the information comprises an indication of the one or more BWPs used for the channel access, each of the one or more BWPs spanning one or more resource block (RB) sets (Zou: [0044] … a listen-before-talk (LBT) failure may have to be reported from a PHY layer to a MAC layer so that the MAC layer can schedule the following data transmission according to the resource allocation information. At PHY layer, a real-time LBT measurement (e.g., CCA measurement) may be performed at each LBT subband (e.g., at a 20 MHz band or RB set) …); and the indication of how many channel access failures have been observed comprises a number of channel access failures observed on each RB set for a BWP (Zou: [0136] … In some embodiments, the higher layer of the receiving device may in turn perform the resource saving transmission in accordance with the data and monitor for subband LBT failures in each subband. In some embodiments, the higher layer of the receiving device may retrieve, identify, or receive an indication of a subband LBT failure from the lower layer … [0134] ... In determining, the receiving device may identify one or more characteristics (e.g., regarding LBT operations) to compare against the one or more conditions of the configuration information to determine whether any or all satisfy … a total number of failed LBT operations in all subbands during a specified time duration for downlink or uplink resource-saving transmission ...). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Zou above in order to enable configuration of resource-saving data transmissions in shared spectrum channel access. (Zou, ¶ [0002]). Claims 9 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Wang-Belleschi in view of “lnterDigital, Handling UL LBT Failures in MAC, 3GPP RAN WG2 Meeting #108 Reno, U.S.A, Nov. 18th-22nd, 2019, R2-1914882”, hereinafter, “NPL-1”, also in Applicant’s IDS). Regarding claim 9, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: switching to a bandwidth part (BWP) due to uplink channel access failures on a primary cell (PCell) or primary secondary cell (PSCell), wherein logging information comprises logging information associated with the channel access failures on the BWP after the switch. However, in the same field of endeavor, NPL-1 teaches: switching to a bandwidth part (BWP) due to uplink channel access failures on a primary cell (PCell) or primary secondary cell (PSCell), wherein logging information comprises logging information associated with the channel access failures on the BWP after the switch (NPL-1: [Section 2.2] Upon declaring a consistent UL LBT failure on the SpCell, the UE switches to another configured BWP with PRACH configured and initiates RACH. Once consistent LBT failure is declared on all BWPs with PRACH configured, the MAC indicates consistent LBT failure to upper layers …). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by NPL-1 above in order to handle UL LBT failures in MAC. (NPL-1, ¶ [Section 1]). Regarding claim 27, Wang-Belleschi discloses on the features with respect to claim 26 as outlined above. Wang-Belleschi does not explicitly teach: switch to a bandwidth part (BWP) due to uplink channel access failures on a primary cell (PCell) or primary secondary cell (PSCell), wherein logging information comprises logging information associated with the channel access failures on the BWP after the switch. However, in the same field of endeavor, NPL-1 teaches: switch to a bandwidth part (BWP) due to uplink channel access failures on a primary cell (PCell) or primary secondary cell (PSCell), wherein logging information comprises logging information associated with the channel access failures on the BWP after the switch (NPL-1: [Section 2.2] Upon declaring a consistent UL LBT failure on the SpCell, the UE switches to another configured BWP with PRACH configured and initiates RACH. Once consistent LBT failure is declared on all BWPs with PRACH configured, the MAC indicates consistent LBT failure to upper layers …). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by NPL-1 above in order to handle UL LBT failures in MAC. (NPL-1, ¶ [Section 1]). Claims 10 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Wang-Belleschi in view of Chen et.al. (US Patent Application Publication, 20200221495, hereinafter, “Chen”). Regarding claim 10, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: observing uplink channel access failures on a secondary cell (SCell), wherein logging information comprises logging information associated with channel access failures on the secondary cell (SCell) after the observation. However, in the same field of endeavor, Chen teaches: observing uplink channel access failures on a secondary cell (SCell), wherein logging information comprises logging information associated with channel access failures on the secondary cell (SCell) after the observation (Chen: [0047] ... In dual connectivity mode (or MR-DC mode), if a UE determines an LBT failure problem on a Primary Secondary Cell (PSCell) or a Secondary Cell Group (SCG) operating on an unlicensed spectrum, the UE may send an LBT failure problem report or an SCG failure report (including information of the LBT failure problem) to the master node (which may operate on the licensed spectrum or the unlicensed spectrum) ..). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Chen above in order to provide an improved and efficient mechanism to handle LBT failure. (Chen, ¶ [0003]). Regarding claim 28, Wang-Belleschi discloses on the features with respect to claim 26 as outlined above. Wang-Belleschi does not explicitly teach: observe uplink channel access failures on a secondary cell (SCell), wherein logging information comprises logging information associated with channel access failures on the secondary cell (SCell) after the observation. However, in the same field of endeavor, Chen teaches: observe uplink channel access failures on a secondary cell (SCell), wherein logging information comprises logging information associated with channel access failures on the secondary cell (SCell) after the observation (Chen: [0047] ... In dual connectivity mode (or MR-DC mode), if a UE determines an LBT failure problem on a Primary Secondary Cell (PSCell) or a Secondary Cell Group (SCG) operating on an unlicensed spectrum, the UE may send an LBT failure problem report or an SCG failure report (including information of the LBT failure problem) to the master node (which may operate on the licensed spectrum or the unlicensed spectrum) ..). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Chen above in order to provide an improved and efficient mechanism to handle LBT failure. (Chen, ¶ [0003]). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wang-Belleschi-NPL-1 in view of Kim et.al. (US Patent Application Publication, 20240179742, hereinafter, “Kim”). Regarding claim 11, Wang-Belleschi-NPL-1 discloses on the features with respect to claim 9 as outlined above. Wang-Belleschi-NPL-1 does not explicitly teach: further comprising reporting the information via a variable field, wherein the variable field includes a public land mobile network (PLMN) identifier associated with the information. However, in the same field of endeavor, Kim teaches: further comprising reporting the information via a variable field, wherein the variable field includes a public land mobile network (PLMN) identifier associated with the information (Kim: [0181] Further, additional information may be included in the RLF report. For example, … [0184] Cell information of another mobile communication service provider. Cell ID, PLMN information, cell signal strength, and channel occupancy information …). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi-NPL-1 to include the features as taught by Kim above in order to receive a report for the MDT data. (Kim, ¶ [0112]). Claims 12-13 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Wang-Belleschi in view of Kim et.al. (US Patent Application Publication, 20240179742, hereinafter, “Kim”). Regarding claim 12, Wang-Belleschi discloses on the features with respect to claim 1 as outlined above. Wang-Belleschi does not explicitly teach: further comprising indicating availability of the information via at least one radio resource control (RRC) message. However, in the same field of endeavor, Kim teaches: further comprising indicating availability of the information via at least one radio resource control (RRC) message (Kim: [0187] .... The terminal transmits, to the base station, an RRCSetupComplete message including an indicator indicating that the terminal stores therein information in relation to the RLF …). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Kim above in order to receive a report for the MDT data. (Kim, ¶ [0112]). Regarding claim 13, Wang-Belleschi-Kim discloses on the features with respect to claim 12 as outlined above. Kim further teaches: wherein the RRC message comprises at least one of an RRC setup complete message (Kim: [0187] .... The terminal transmits, to the base station, an RRCSetupComplete message including an indicator indicating that the terminal stores therein information in relation to the RLF …). The rationale and motivation for adding this teaching of Kim is the same as the rationale and motivation for Claim 12. Regarding claim 23, Wang-Belleschi discloses on the features with respect to claim 15 as outlined above. Wang-Belleschi does not explicitly teach: receiving, from the UE, a radio resource control (RRC) message indicating availability of the information. However, in the same field of endeavor, Kim teaches: receiving, from the UE, a radio resource control (RRC) message indicating availability of the information (Kim: [0187] .... The terminal transmits, to the base station, an RRCSetupComplete message including an indicator indicating that the terminal stores therein information in relation to the RLF …). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Wang-Belleschi to include the features as taught by Kim above in order to receive a report for the MDT data. (Kim, ¶ [0112]). Regarding claim 24, Wang-Belleschi-Kim discloses on the features with respect to claim 23 as outlined above. Kim further teaches: wherein the RRC message comprises at least one of an RRC setup complete message (Kim: [0187] .... The terminal transmits, to the base station, an RRCSetupComplete message including an indicator indicating that the terminal stores therein information in relation to the RLF …). The rationale and motivation for adding this teaching of Kim is the same as the rationale and motivation for Claim 23. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIEM H NGUYEN whose telephone number is (408) 918-7636. The examiner can normally be reached on Monday-Friday, 8:00AM-4:30PM PT. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on (571) 270-5630. 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. /LIEM H. NGUYEN/Primary Examiner, Art Unit 2416
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Prosecution Timeline

Dec 09, 2022
Application Filed
Apr 25, 2025
Non-Final Rejection — §103
Jul 29, 2025
Response Filed
Aug 14, 2025
Final Rejection — §103
Oct 16, 2025
Response after Non-Final Action
Nov 07, 2025
Request for Continued Examination
Nov 12, 2025
Response after Non-Final Action
Nov 21, 2025
Non-Final Rejection — §103
Feb 20, 2026
Response Filed
Mar 30, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
71%
Grant Probability
96%
With Interview (+25.2%)
2y 12m
Median Time to Grant
High
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