DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2022/0210827, hereinafter Wang).
Regarding claim 1, Wang discloses a method, comprising: receiving, by a processor of an apparatus implemented in a user equipment (UE), an indication from a network node of a wireless network (COT information is received by the UE in DCI signaling, Para [0028], COT information includes multiple indications, Para [0136]); and determining, by the processor based on the indication, whether the network node is using a network-initiated channel occupancy time (COT) or sharing a UE-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], UE reads the COT information, Para [0138] with processor, Para [0147]); but does not explicitly disclose wherein the indication comprises a downlink control information (DCI) bit-field (COT information is received in DCI, Para [0028], it is known in the art, DCI is made up of bit fields indicating different information, obvious to one of ordinary skill the COT information would include bits in a field); nor explicitly discloses wherein, responsive to the DCI bit-field having a first value, the network node is using the network-initiated COT, and wherein, responsive to the DCI bit-field having a second value different from the first value, the network node is sharing the UE-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], it is known in the art that a single bit can indicate two alternative options, obvious to one of ordinary skill that the two indications, gNB or UE initiated COT, could be indicated by a single bit having a value of 0 or 1).
Regarding claim 13, Wang discloses an apparatus implementable in a user equipment (UE, Fig. 9), comprising: a transceiver (transceiver, Fig. 9) configured to communicate wirelessly with a network node of a wireless network (communications network with UE and gNBs, Para [0058]); and a processor (processor, Fig. 9) coupled to the transceiver and configured to perform operations comprising: receiving, via the transceiver, an indication from the network node (COT information is received by the UE in DCI signaling, Para [0028], COT information includes multiple indications, Para [0136]); and determining, based on the indication, whether the network node is using a network-initiated channel occupancy time (COT) or sharing a UE-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], UE reads the COT information, Para [0138] with processor, Para [0147]); but does not explicitly disclose wherein the indication comprises a downlink control information (DCI) bit-field (COT information is received in DCI, Para [0028], it is known in the art, DCI is made up of bit fields indicating different information, obvious to one of ordinary skill the COT information would include bits in a field); nor explicitly discloses wherein, responsive to the DCI bit-field having a first value, the network node is using the network-initiated COT, and wherein, responsive to the DCI bit-field having a second value different from the first value, the network node is sharing the UE-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], it is known in the art that a single bit can indicate two alternative options, obvious to one of ordinary skill that the two indications, gNB or UE initiated COT, could be indicated by a single bit having a value of 0 or 1).
Claims 6, 7 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and in view of Calcev et al (US 2023/0180293, hereinafter Calcev, claiming the priority date of both provisional applications).
Regarding claim 6, Wang discloses the method of claim 1, but not explicitly wherein the UE-initiated COT is obtained by another UE. Calcev discloses the gNB indicates the UE can share a COT initiated by a different UE, Para [0179]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Calcev in the system of Wang in order to reduce scheduling delays when using COTs in the unlicensed band.
Regarding claims 7 and 16, Wang discloses the method/apparatus of claim 1/13, further comprising: obtaining, by the processor, the UE-initiated COT; and performing, by the processor, an uplink (UL) transmission during the UE-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], UE receives UL grant for an uplink transmission during shared COT, Para [0027], in this case the COT is initiated by another UE as in Calcev).
Regarding claim 17, Wang discloses the apparatus of claim 13, but not wherein the processor is further configured to perform operations comprising: receiving, via the transceiver, downlink control information (DCI) from the network node scheduling an uplink (UL) transmission in a future network fixed frame period (FFP); and performing, via the transceiver, the UL transmission in the future network FFP. Calcev discloses a gNB providing configuration of a FFP to the UE initiating a COT and the UE can perform UL transmissions in the current FFP or another FFP in the future, Para [0155], UL transmission scheduled for a future FFP, Para [0211]. Also see pages 17-18 and 30 of provisional application 63/104,318. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Calcev in the system of Wang in order to reduce scheduling delays when using COTs in the unlicensed band.
Regarding claim 18, Wang discloses the apparatus of claim 17, wherein, in receiving the DCI, the processor is configured to receive the DCI during the network-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136]).
Regarding claim 19, Wang discloses the apparatus of claim 17, wherein, in performing the UL transmission, the processor is configured to perform the UL transmission during the network-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], UE receives UL grant for an uplink transmission during shared COT, Para [0027], UE can perform UL transmission in either scenario).
Regarding claim 20, Wang discloses the apparatus of claim 17, wherein, in performing the UL transmission, the processor is configured to perform the UL transmission during the UE-initiated COT (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], UE receives UL grant for an uplink transmission during shared COT, Para [0027], UE can perform UL transmission in either scenario).
Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Calcev and in view of Wu et al (US 2021/0400705, hereinafter Wu).
Regarding claim 8, Wang discloses a method, comprising: receiving, by a processor of an apparatus implemented in a user equipment (UE), downlink control information (DCI) from a network node of a wireless network scheduling an uplink (UL) transmission (UE receives UL grant for an uplink transmission during shared COT, Para [0027] with processor, Fig. 9)) and performing, by the processor, the UL transmission (UE transmits PUSCH and/or PUCCH, etc., Para [0074]); but does not disclose UL transmission in a future network fixed frame period (FFP); and performing, by the processor, the UL transmission in the future network FFP. Calcev discloses a gNB providing configuration of a FFP to the UE initiating a COT and the UE can perform UL transmissions in the current FFP or another FFP in the future, Para [0155], UL transmission scheduled for a future FFP, Para [0211]. Also see pages 17-18 and 30 of provisional application 63/104,318. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Calcev in the system of Wang in order to reduce scheduling delays when using COTs in the unlicensed band; and does not disclose wherein the DCI indicates to rely on a network-initiated channel occupancy time (COT) or initiate a UE-intiaited COT. Wang discloses COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136] and COT information is received in DCI, Para [0028]. Wu discloses first indication information for determining whether target uplink resource is in a COT initiated by a BS or not, using 1 bit, where if not initiated by the BS, the UE determines channel access scheme according to table 2, Para [0133], UE initiates a COT using channel access scheme in table 2, Para [0075]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wu in the system of Wang in view of Calcev in order for the UE to correctly determine the channel access scheme to be used.
Regarding claim 9, Wang discloses the method of claim 8, wherein the receiving of the DCI comprises receiving the DCI during a network-initiated channel occupancy time (COT) (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], in this case DCI received in gNB initiated COT).
Regarding claim 10, Wang discloses the method of claim 8, wherein the performing of the UL transmission comprises performing the UL transmission during a network-initiated channel occupancy time (COT) (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], in this case UE transmits in gNB initiated COT).
Regarding clam 11, Wang discloses the method of claim 8, wherein the performing of the UL transmission comprises performing the UL transmission during a UE-initiated channel occupancy time (COT) (COT information indicates COT category, which indicates if the COT is gNB initiated COT or a UE initiated COT, Para [0136], in this case UE transmits in UE initiated COT).
Regarding claim 12, Wang discloses the method of claim 11, but not further comprising: obtaining, by the processor, the UE-initiated COT during the network future FFP. Calcev discloses a UE can initiate a COT in another FFP in the future, Para [0155]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Calcev in the system of Wang in order to reduce scheduling delays when using COTs in the unlicensed band.
Claims 4, 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and in view of Harada et al (US 2022/0330239, hereinafter Harada).
Regarding claims 4 and 15, Wang discloses the method/apparatus of claim 1/13, but not wherein the indication comprises a demodulation reference signal (DMRS) encoding. Harada discloses a BS transmitting a specific PDCCH with a specific DMRS notifying the start of a COT that is initiated by the BS, Para [0047]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Harada in the system of Wang in order to perform efficient transmission while keeping LBT opportunities with appropriate granularities.
Regarding claim 5, Wang discloses the method of claim 4, but not wherein, responsive to the DMRS encoding being a first DMRS encoding, the network node is using the network-initiated COT, and wherein, responsive to the DMRS encoding being a second DMRS encoding different from the first DMRS encoding, the network node is sharing the UE-initiated COT. Harada discloses a BS transmitting a specific PDCCH with a specific DMRS notifying the start of a COT that is initiated by the BS, Para [0047], where a COT not initiated by the BS would not use the specific DMRS value. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Harada in the system of Wang in order to perform efficient transmission while keeping LBT opportunities with appropriate granularities.
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive. The Applicant amends the limitations in the claims and argues the Wang reference does not disclose the amended limitations. Applicant amends the features of claim 2 and 3 into independent claim 1 and argues against the 102 rejection. Applicant argues Wang does not explicitly disclose the feature of the DCI having a first value indicating a network-initiated COT or a second DCI value indicating it is a UE-initiated COT. In response, Arguments are moot, as the office action never rejected claims 2 and 3 under 35 USC 102. The prior office action already admitted Wang did not explicitly disclose these features but took official notice and said it would be obvious to one with ordinary skill in the art. A 1-bit field can indicate two different options using different values of 1 and 0. In one case, 1 can indicate a BS-initiated COT and 0 can indicate a UE-initiated COT, or vice versa. Applicant also makes no argument against the official notice nor makes an argument that this wouldn’t be obvious to one of ordinary skill in the art. The Applicant does not appear to attempt to traverse the stance made by the Examiner. Applicant already pointed out Wang discloses COT information is received in DCI, Para [0028] and COT information includes COT category information: whether the COT is eNB or UE initiated. Applicant just argues Wang does not explicitly disclose how to set the field in DCI, which is simple, a single bit, set to 1 or 0, can indicate either option. Applicant makes amendment to independent claim 8 which is moot in view of a new reference being used in the current office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461