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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 10, the claim states: “when the terminal receives… the dedicated signaling, determining, by the terminal, that the first COT is not initiated by the network side device” which is unclear in view of the independent claim. The amended claim 1, states: “when the terminal receives the dedicated signaling, determining, by the termina, that the first COT is initiated by the network side device”. Claim 1 says the terminal receives dedicated signaling and determines the COT is initiated by the network device, and dependent claim 10 says the terminal receives the dedicated signaling and determines the COT is not initiated by the network device, which it makes it unclear.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 10, 11, 19 and 20 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US 2022/0210827, hereinafter Wang).
Regarding claim 1, Wang discloses a Channel Occupancy Time (COT) determination method, comprising: determining, by a terminal according to first information, whether a first COT used by a network side device is initiated by the network side device (terminal receives COT information from the base station, Para [0028], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136]); and when the first COT is initiated by the network side device, sharing the first COT for uplink transmission (COT information includes indications the UEs that are allowed to share the COT or time of UL/DL switching, Para [0136], BS and UEs can share the COT and schedule UL transmissions, Para [0139], also gNB initiated COT with COT sharing with the UE, Fig. 2); wherein the first information comprises dedicated signaling, the determining, by a terminal according to first information, whether a first COT used by a network side device is initiated by the network side device comprises at least one of the following: when the terminal receives the dedicated signaling, determining, by the terminal, that the first COT is initiated by the network side device (UE determines if it assigned share COT via dedicated DCI signaling, Para [0125], terminal receives COT information from the base station, Para [0028], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136]); when the terminal does not receive the dedicated signaling, determining, by the terminal that the first COT is not initiated by the network side device (COT information indicates COT category either gNB or UE initiated COT, Para [0136], “the dedicated signal” is when the COT category in the DCI indicates a gNB initiated COT, in this case the UE does not receive that “dedicated” signal so it is determined the COT is not initiated by the network).
Regarding claim 10, Wang discloses the COT determination method according to claim 1, wherein the first information comprises dedicated signaling and a downlink channel or signal (UE determines if it assigned share COT via dedicated DCI signaling, Para [0125]), the determining, by a terminal according to first information, whether a first COT used by a network side device is initiated by the network side device comprises at least one of the following: when the terminal receives the downlink channel or signal but does not receive the dedicated signaling, determining, by the terminal, that the first COT is initiated by the network side device; when the terminal receives the downlink channel or signal, and the dedicated signaling, determining, by the terminal, that the first COT is not initiated by the network side device (UE determines if it assigned share COT via dedicated DCI signaling, Para [0125], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136], in this case it is UE initiated COT); or when the terminal does not receive the downlink channel or signal, determining, by the terminal, that the first COT is not initiated by the network side device.
Regarding claim 11, Wang discloses the COT determination method according to claim 10, wherein the dedicated signaling is used to indicate that the first COT is not initiated by the network side device (UE determines if it assigned share COT via dedicated DCI signaling, Para [0125], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136], in this case it is UE initiated COT). 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 Xu in the system of Wang in order to enhance user experience and improve medium access within the COT.
Regarding claim 19, Wang discloses a terminal (UE, Fig. 9), comprising: a memory storing computer-readable instructions and a processor (memory and processor, Fig. 9) coupled to the memory and configured to execute the computer-readable instructions, wherein the computer-readable instructions, when executed by the processor, cause the processor to perform operations comprising: determining, according to first information, whether a first Channel Occupancy Time (COT) used by a network side device is initiated by the network side device (terminal receives COT information from the base station, Para [0028], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136]); and when the first COT is initiated by the network side device, sharing the first COT for uplink transmission (COT information includes indications the UEs that are allowed to share the COT or time of UL/DL switching, Para [0136], BS and UEs can share the COT and schedule UL transmissions, Para [0139], also gNB initiated COT with COT sharing with the UE, Fig. 2); wherein the first information comprises dedicated signaling, the determining, by a terminal according to first information, whether a first COT used by a network side device is initiated by the network side device comprises at least one of the following: when the terminal receives the dedicated signaling, determining, by the terminal, that the first COT is initiated by the network side device (UE determines if it assigned share COT via dedicated DCI signaling, Para [0125], terminal receives COT information from the base station, Para [0028], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136]); when the terminal does not receive the dedicated signaling, determining, by the terminal that the first COT is not initiated by the network side device (COT information indicates COT category either gNB or UE initiated COT, Para [0136], “the dedicated signal” is when the COT category in the DCI indicates a gNB initiated COT, in this case the UE does not receive that “dedicated” signal so it is determined the COT is not initiated by the network).
Regarding claim 20, Wang discloses a non-transitory computer-readable medium (computer readable storage medium, Para [0145]) storing instructions that, when executed by a processor, cause the processor to perform operations comprising: determining, according to first information, whether a first Channel Occupancy Time (COT) used by a network side device is initiated by the network side device (terminal receives COT information from the base station, Para [0028], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136]); and when the first COT is initiated by the network side device, sharing the first COT for uplink transmission (COT information includes indications the UEs that are allowed to share the COT or time of UL/DL switching, Para [0136], BS and UEs can share the COT and schedule UL transmissions, Para [0139], also gNB initiated COT with COT sharing with the UE, Fig. 2); wherein the first information comprises dedicated signaling, the determining, by a terminal according to first information, whether a first COT used by a network side device is initiated by the network side device comprises at least one of the following: when the terminal receives the dedicated signaling, determining, by the terminal, that the first COT is initiated by the network side device (UE determines if it assigned share COT via dedicated DCI signaling, Para [0125], terminal receives COT information from the base station, Para [0028], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136]); when the terminal does not receive the dedicated signaling, determining, by the terminal that the first COT is not initiated by the network side device (COT information indicates COT category either gNB or UE initiated COT, Para [0136], “the dedicated signal” is when the COT category in the DCI indicates a gNB initiated COT, in this case the UE does not receive that “dedicated” signal so it is determined the COT is not initiated by the network).
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 3, 6-9 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and in view of Yang et al (US 2023/0064829, hereinafter Yang, claiming priority date of all provisional applications except 63/192,074 and 63/175,038).
Regarding claims 3 and 21, Wang discloses the COT determination method according to claim 1/19, but not wherein the determining, according to first information, whether a first COT used by a network side device is initiated by the network side device comprises: when the terminal initiates a COT to transmit a Configuration Grant Physical Uplink Shared Channel (CG PUSCH), determining, according to dedicated signaling, whether the first COT used by the network side device is initiated by the network side device. Yang discloses a CG PUSCH can be configured at the start of an FFP-u within a FFP-g period, overlapping with a specific DL signal, Para [0340], where FFP-u is a UE-initiated COT and FFP-g is a BS-initiated COT, Para [0147], the UE can detect a specific DL signal from the BS in a FFP-g period that can allow the UE to perform a UL transmission, Para [0152]. Also see pages 39, 40 from provisional application 63/143,934. 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 Yang in the system of Wang in order to more efficiently perform wireless communication with fixed frame periods.
Regarding claim 6, Wang discloses the COT determination method according to claim 2, wherein the dedicated signaling comprises at least one of the following: dynamic uplink grant signaling, uplink cancellation indication signaling, or time Slot Format Indicator (SFI) signaling. Wang discloses COT information is received in DCI, Para [0028]. Yang discloses the dynamic UL grant DCI, Para [0323]. Also see page 51 from provisional 63/143,934.
Regarding claim 7, Wang discloses the COT determination method according to claim 2, wherein the dedicated signaling is signaling received at a specific location, and wherein the specific location comprises one of the following: a starting position of Fixed Frame Period (FFP); or a specific location in the first COT. Yang discloses for a specific FFP starting time, the UE can detect a DL signal from the BS, Para [0160], obvious to one of ordinary skill the DL signal can be received at the start of the FFP. Also see page 39 from provisional 63/143,934.
Regarding claim 8, Wang discloses the COT determination method according to claim 2, wherein the indication information is indicated by an indication field in the dedicated signaling, wherein the dedicated signaling comprises Downlink Control Information (DCI) signaling or broadcast signaling (COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136], UE determines if it assigned share COT via dedicated DCI signaling, Para [0125]).
Regarding claim 9, Wang discloses the COT determination method according to claim 2, wherein when the terminal receives signaling other than the dedicated signaling, determining, by the terminal, that the first COT is not initiated by the network side device, or the terminal fails to determine whether the first COT is initiated by the network side device. Yang discloses UE can fail to detect the DL signal in the FFP-g period, Para [0152], and therefore would not receive the COT information. Also see page 40 from provisional 63/143,934.
Claims 12, 13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Yang and in view of Li et al (US 2021/0084683, hereinafter Li).
Regarding claim 12, Wang discloses the COT determination method according to claim 1, further comprising: receiving, by the terminal, uplink scheduling signaling, wherein the uplink scheduling signaling is used to schedule an uplink resource, the uplink scheduling signaling comprises a COT sharing indicator, and the uplink resource is in the first COT, wherein the uplink grant signaling is sent by the network side device in a second COT, and the second COT is before the first COT. Li discloses an UL grant in earlier COT/FFP schedules an UL transmission in the next COT/FPP on UL resource assignment, Para [0122]/Fig. 11. Wang discloses COT information includes indications the UEs that are allowed to share the COT or time of UL/DL switching, Para [0136]. 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 Li in the system of Wang in view of Yang in order to improve spectrum utilization and simplify the LBT process for FBE operations.
Regarding claim 13, Wang discloses the COT determination method according to claim 12, further comprising: ignoring, by the terminal, the COT sharing indicator. Li discloses if the scheduled UL transmission is within an FFP where the gNB had LBT failure and failed to obtain the COT, the UE can discard the scheduled transmission, Para [0123], thereby ignoring the COT sharing indicator.
Regarding claim 16, Wang discloses the COT determination method according to claim 13, further comprising: when the uplink resource is aligned with a starting position of Fixed Frame Period (FFP) of the terminal, initiating, by the terminal, a third COT for uplink transmission. Yang discloses UE can fail to detect the DL signal in the FFP-g period, Para [0152], and therefore would not receive the COT information, UE can initiate its own (third) COT, Para [0147].
Regarding claim 17, Wang discloses the COT determination method according to claim 12, further comprising: when the COT sharing indicator is used to indicate the terminal to prohibit sharing the first COT or to indicate the terminal to initiate a third COT, and the uplink resource is aligned with a starting position of Fixed Frame Period (FFP) of the terminal, initiating, by the terminal, the third COT for uplink transmission; or when the COT sharing indicator is used to indicate the terminal to prohibit sharing the first COT or to indicate the terminal to initiate the third COT, and the uplink resource is not aligned with the starting position of the FFP of the terminal, canceling uplink transmission. Wang discloses UEs not assigned to the shared COT, Fig. 5. Li discloses if the scheduled UL transmission is within an FFP where the gNB had LBT failure and failed to obtain the COT, the UE can discard the scheduled transmission, Para [0123], in this case performs a UE initiated COT.
Regarding claim 18, Wang discloses the COT determination method according to claim 12, further comprising: when the COT sharing indicator is used to indicate the terminal to share the first COT, and the terminal detects the first COT, sharing the first COT for uplink transmission; or when the COT sharing indicator is used to indicate the terminal to share the first COT, and the terminal fails to detect the first COT, canceling uplink transmission (terminal receives COT information from the base station, Para [0028], COT information indicates COT category such as gNB initiated COT or UE initiated COT, Para [0136] and BS and UEs can share the COT, Para [0139]).
Allowable Subject Matter
Claims 4, 5, 14 and 15 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.
Response to Arguments
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive. The Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. The Applicant partially amends the limitations from dependent claim 2 and argues the references do not disclose a scenario where the COT information including COT category is not received, that the shared COT is a UE initiated COT. In response, amendments have created 112 issues with the dependent claim. Further Wang discloses “the dedicated signal”. The so called dedicated signal is when the COT information includes the COT category as gNB initiated COT, if the COT information doesn’t indicate it as gNB initiated then it isn’t the dedicated signal.
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
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