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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/2025; the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant’s arguments, see pages 6-8, filed 02/09/2026, with respect to the rejection(s) of claim(s) 7-12 under AIA 35 U.S.C. § 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0045158 ("Yerramalli") in view of U.S. Patent Application Publication No. 2023/0072340 ("El") have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20210352688-A1 to Lue et al., from hereon Luo and US-20200344819-A1 to Myung et al., from hereon Myung in view of WO-2020060362-A1 to Jung.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7, 9, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US-20210352688-A1 to Lue et al., from hereon Luo in view of US-20200344819-A1 to Myung et al., from hereon Myung.
Regarding claim 7 Luo teaches…a radio base station comprising (Fig. 1, P. 84): a transceiver that executes DL transmission to a terminal via a channel; and a processor that executes a channel access procedure in a shared spectrum (Fig. 1, P. 135 discloses… the processor 1604 may include communication and processing circuitry 1641 configured for various functions, including for example communicating with a scheduling entity (e.g., a network access node, a base station), a network core (e.g., a 5G core network), other scheduled entities, or any other entity, such as, for example, local infrastructure or an entity communicating with the scheduled entity via the Internet, such as a network provider), but does not teach…wherein the processor simultaneously executes a plurality of the channel access procedures by performing sensing in directions of a plurality of beams, each direction related to a direction of a beam of the DL transmission.
Myung teaches… wherein the processor simultaneously executes a plurality of the channel access procedures by performing sensing in directions of a plurality of beams, each direction related to a direction of a beam of the DL transmission (Fig. 11, P. 315 discloses…an example where there is a multicarrier access procedure on the different beam directions … if there are 6 beams #1 to #6 for performing directional LBT, the beams may be paired so that each of two beams are set as one group. Herein, the [Proposed method #4] may be applied not to an individual beam but to a group beam to perform directional LBT. For a failed group beam, next LBT may be performed on the group beam by being temporarily delayed by a transmission time. A signal may be transmitted only in a group beam direction in which LBT succeeds).
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 combination of Luo by incorporating the teachings of Myung because the method and device allow for various modes of as the transmission node may report information on the beam direction to a reception node in a beam direction in which the LBT succeeds so that the reception node can more easily recognize the beam direction in which LBT succeeds (Myung, P. 298). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 9 Luo teaches…a terminal comprising: a transceiver that executes UL transmission with a radio base station via a channel (Fig. 1, P. 138 discloses he processor 1604 may include uplink transmission burst circuitry 1644 configured for various functions, including, for example, transmitting a message to the network access node in an uplink (UL) transmission ); and a processor that executes a channel access procedure in a shared spectrum (P.136 discloses… the processor 1604 may include channel access circuitry 1642 configured for various functions, including, for example, performing a first channel access procedure to initiate a first channel occupancy time (COT) on a communication channel According to some aspects, a COT initiated by a wireless communication device (e.g., UE) via type 1 may be shared with a network access node (e.g., a gNB or scheduling entity), but does not teach…wherein the processor simultaneously executes a plurality of the channel access procedures with a plurality of beams, each direction of the plurality of beams related to a direction of a beam of the UL transmission.
Myung teaches… wherein the processor simultaneously executes a plurality of the channel access procedures with a plurality of beams, each direction of the plurality of beams related to a direction of a beam of the UL transmission (Fig. 11, P. 315 discloses..an example where there is a multicarrier access procedure on the different beam directions … if there are 6 beams #1 to #6 for performing directional LBT, the beams may be paired so that each of two beams are set as one group. Herein, the [Proposed method #4] may be applied not to an individual beam but to a group beam to perform directional LBT. For a failed group beam, next LBT may be performed on the group beam by being temporarily delayed by a transmission time. A signal may be transmitted only in a group beam direction in which LBT succeeds).
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 combination of Luo by incorporating the teachings of Myung because the method and device allow for various modes of as the transmission node may report information on the beam direction to a reception node in a beam direction in which the LBT succeeds so that the reception node can more easily recognize the beam direction in which LBT succeeds (Myung, P. 298). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 11 Luo teaches…a communication method in a radio base station comprising: a step of executing DL transmission to a terminal via a channel (P.186 discloses…a method of wireless communication at a scheduled entity is disclosed. The method comprises: receiving, from a scheduling entity, a first downlink (DL) transmission burst on a communication channel) and a step of executing a channel access procedure in a shared spectrum, spectrum (Fig. 1, P. 135 discloses… the processor 1604 may include communication and processing circuitry 1641 configured for various functions, including for example communicating with a scheduling entity (e.g., a network access node, a base station), a network core (e.g., a 5G core network), other scheduled entities, or any other entity, such as, for example, local infrastructure or an entity communicating with the scheduled entity via the Internet, such as a network provider), but does not teach… wherein, in the step of executing the channel access procedure, a plurality of the channel access procedures with a plurality of beams is simultaneously executed, each direction of the plurality of beams related to a direction of a beam of the DL transmission.
Myung teaches… wherein, in the step of executing the channel access procedure, a plurality of the channel access procedures with a plurality of beams is simultaneously executed, each direction of the plurality of beams related to a direction of a beam of the DL transmission(Fig. 11, P. 315 discloses…an example where there is a multicarrier access procedure on the different beam directions … if there are 6 beams #1 to #6 for performing directional LBT, the beams may be paired so that each of two beams are set as one group. Herein, the [Proposed method #4] may be applied not to an individual beam but to a group beam to perform directional LBT. For a failed group beam, next LBT may be performed on the group beam by being temporarily delayed by a transmission time. A signal may be transmitted only in a group beam direction in which LBT succeeds).
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 combination of Luo by incorporating the teachings of Myung because the method and device allow for various modes of as the transmission node may report information on the beam direction to a reception node in a beam direction in which the LBT succeeds so that the reception node can more easily recognize the beam direction in which LBT succeeds (Myung, P. 298). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 12 Luo teaches…a communication method in a terminal comprising (P.187 ): a step of executing UL transmission with a radio base station via a channel; and a step of executing a channel access procedure in a shared spectrum(P.136 discloses… the processor 1604 may include channel access circuitry 1642 configured for various functions, including, for example, performing a first channel access procedure to initiate a first channel occupancy time (COT) on a communication channel According to some aspects, a COT initiated by a wireless communication device (e.g., UE) via type 1 may be shared with a network access node (e.g., a gNB or scheduling entity), but does not teach wherein, in the step of executing the channel access procedure, a plurality of the channel access procedures with a plurality of beams are simultaneously executed, each direction of the plurality of beams related to a direction of a beam of the UL transmission.
Myung teaches… wherein, in the step of executing the channel access procedure, a plurality of the channel access procedures with a plurality of beams are simultaneously executed, each direction of the plurality of beams related to a direction of a beam of the UL transmission(Fig. 11, P. 315 discloses…an example where there is a multicarrier access procedure on the different beam directions … if there are 6 beams #1 to #6 for performing directional LBT, the beams may be paired so that each of two beams are set as one group. Herein, the [Proposed method #4] may be applied not to an individual beam but to a group beam to perform directional LBT. For a failed group beam, next LBT may be performed on the group beam by being temporarily delayed by a transmission time. A signal may be transmitted only in a group beam direction in which LBT succeeds).
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 combination of Luo by incorporating the teachings of Myung because the method and device allow for various modes of as the transmission node may report information on the beam direction to a reception node in a beam direction in which the LBT succeeds so that the reception node can more easily recognize the beam direction in which LBT succeeds (Myung, P. 298). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Claim(s) 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US-20210352688-A1 to Lue et al., from hereon Luo and US-20200344819-A1 to Myung et al., from hereon Myung in view of WO-2020060362-A1 to Jung.
Regarding claim 8 Luo and Myung teach the radio base station according to claim 7, but do not teach…wherein the processor executes the channel access procedure in a higher frequency band than a frequency band of a frequency range 1, FR 1.
Jung teaches… wherein the processor executes the channel access procedure in a higher frequency band than a frequency band of a frequency range 1, FR 1 (page 74, Lns 1-10 discloses… The communication unit 2610 may include a plurality of 7 communication modules described above to support a plurality of different radio access technologies (RATs). In 8 addition, different frequency bands may include a super high frequency (SHF) band (eg, 2.5 GHz, 5 GHz), a 9 millimeter wave (mm frequency), such as frequency range 2 (FR2), about 60 GHz). have).
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 combination of Luo and Myung incorporating the teachings of Jung because the method and device allow for various modes of configuration due to the multiple access method so that time-frequency resources do not overlap (Jung, Page 7, Lns. 23-25). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Regarding claim 10 Luo and Myung teach the terminal according to claim 9, but do not teach…wherein the processor executes the channel access procedures in a higher frequency band than a frequency band of a frequency range 1, FR 1.
Jung teaches… wherein the processor executes the channel access procedures in a higher frequency band than a frequency band of a frequency range 1, FR 1 (page 74, Lns 1-10 discloses… The communication unit 2610 may include a plurality of 7 communication modules described above to support a plurality of different radio access technologies (RATs). In 8 addition, different frequency bands may include a super high frequency (SHF) band (eg, 2.5 GHz, 5 GHz), a 9 millimeter wave (mm frequency), such as frequency range 2 (FR2), about 60 GHz). have).
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 combination of Luo and Myung incorporating the teachings of Jung because the method and device allow for various modes of configuration due to the multiple access method so that time-frequency resources do not overlap (Jung, Page 7, Lns. 23-25). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability.
Allowable Subject Matter
Claim 13 is 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.
The following is a statement of reasons for the indication of allowable subject matter: the main reason for objection of the claim under discussion is the inclusion of “” as the prior art of record in stand-alone form nor in combination read into the disclosed claim as supported by the specification. Furthermore the nearest prior art such as US-20210400719-A1 to Oh; US-20220271890-A1 to Grossmann; US-20220191878-A1 to Yu; and US-12167448-B2 to Murray disclose multiple channel access on frequency ranges but are silent on the individual configuration of the beams and their corresponding channel access procedures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: F. A. P. De Figueiredo, X. Jiao, W. Liu, R. Mennes, Jabandzi¢ and |. Moerman, "A Spectrum Sharing Framework for Intelligent Next Generation Wireless Networks," in IEEE Access, vol. 6, pp. 60704-60735, 2018, doi: 10.1109/ACCESS.2018.2875047; US-20210400719-A1 to Oh; US-20220271890-A1 to Grossmann; US-20220191878-A1 to Yu; and US-12167448-B2 to Murray disclose multiple channel access on frequency ranges of FR1, FR2, and FR4 as tit pertains to New Radio unlicensed operation.
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/L.S./Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476