DETAILED ACTION
The following is a non-final office action in response to applicant’s amendment filed on 05/27/2026 for response of the office action mailed on 04/02/2026. Independent claim 23 is amended. Claims 4-6, 13-15 and 19-22 were previously cancelled. Therefore, claims 1-3, 7-12, 16-18 and 23-25 are pending and addressed below.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/04/2026 has been entered.
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.
In 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 7-10, 16-18 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (2023/0209598), Wu hereinafter, in view of Abreu et al. (2024/0008072), Abreu hereinafter.
Re. claims 1 and 10, Wu teaches a method (Fig. 1-7 & ¶0005/¶0052/¶0092/¶0105-¶0106/¶0110: ¶0111/¶0239: ¶0244) of wireless communication (Fig. 1) performed by a user equipment (UE) (Fig. 8/Fig. 10), and a user equipment (UE) (Fig. 8/Fig. 10) for wireless communication, comprising: a memory (Fig. 10, 620); and one or more processors (Fig. 8, 410/420, Fig. 10, 610), coupled to the memory, configured to: receive, from a base station, information indicating one or more fixed frame period (FFP) configurations in a frame based equipment (FBE) mode (Fig. 1-7 & ¶0002 - In a New Radio-based access to unlicensed spectrum (NR-U) system, the spectrum used is a shared spectrum. In a communication system deployed on a shared spectrum, such as the NR-U system, a Frame Based Equipment (FBE) mode is introduced to support Channel Occupancy Time (COT) initiated by a terminal device. Fig. 1-7 & ¶0052 - In the FBE channel access mechanism, or semi-static channel access mode, the frame structure occurs periodically, that is, channel resources the communication device can use for service transmission occur periodically. A frame structure includes a Fixed Frame Period (FFP), Channel Occupancy Time (COT), and an Idle Period (IP). Fig. 1-7 & ¶0092 - when the terminal device is scheduled for uplink transmission, which is located at the start position of channel occupancy (one FFP) in the periodic channel occupancy (FFP configuration) configured for the terminal device to initiate channel occupancy, how the terminal device can determine the LBT mode corresponding to the uplink transmission, for example, whether the terminal device performs LBT by sharing the COT of the network device or by initiating the COT on its own is the main consideration of the present disclosure. Fig. 1-7 & ¶0239: ¶0240 - transmitting, by the network device, first configuration information to the terminal device, the first configuration information being used to configure a Channel Occupancy Time (COT) shared energy detection threshold. ..the terminal device receives the first configuration information transmitted by the network device. Fig. 1-7 & ¶0242: ¶0243 - transmitting, by the network device, second configuration information to the terminal device, the second configuration information being used to configure first periodic channel occupancy, the first periodic channel occupancy including channel occupancy for the terminal device to initiate Channel Occupancy Time (COT). … the terminal device receives the second configuration information transmitted by the network device. Fig. 1-7 & ¶0244 - the first periodic channel occupancy may be channel occupancy usable by the terminal device to initiate the COT as configured for the terminal device. When the terminal device is a terminal device in an idle state or an inactive state, the first periodic channel occupancy may be configured by the network device via a system message. Alternatively, when the terminal device is a terminal device in a connected state, the first periodic channel occupancy may be configured by the network device via RRC signaling dedicated to the terminal device.); determine whether to initiate a channel occupancy time or share a channel occupancy time initiated by the base station to perform the uplink transmission based at least in part on the content in the DCI scheduling the uplink transmission (Fig. 1-7 & ¶0005 - The method includes: transmitting, by a network device, first Downlink Control Information (DCI) to a terminal device, the first DCI being used by the terminal device to determine a channel access mode corresponding to a first uplink transmission, and the first DCI being used to schedule the first uplink transmission. Fig. 1-7 & ¶0105 - At S210, a terminal device determines first periodic channel occupancy. The first periodic channel occupancy includes channel occupancy for the terminal device to initiate Channel Occupancy Time (COT). The first periodic channel occupancy includes first channel occupancy. Fig. 1-7 & ¶0106 - At S220, the terminal device determines a channel access mode corresponding to a first uplink transmission. A start position of the first channel occupancy is same as a start position of a first time domain resource. The first time domain resource is a resource used by the terminal device for transmitting the first uplink transmission. Fig. 1-7 & ¶0110: ¶0111 - The first channel occupancy may be channel occupancy configured for the terminal device to initiate COT…. the first channel occupancy may include a first COT and a first IP <idle period>, and a start position of the first COT is same as a start position of the first time domain resource. Fig. 1-7 & ¶0129 - the first time domain resource may be a resource used by the terminal device to transmit the first uplink transmission, and the first time domain resource may be a resource scheduled by the network device via first DCI for the first uplink transmission. Fig. 1-7 & ¶0131: ¶0134 - S220 may include: the terminal device determining the channel access mode corresponding to the first uplink transmission according to first Downlink Control Information (DCI) used for scheduling the first uplink transmission… the terminal device may determine the channel access mode corresponding to the first uplink transmission according to channel access indication information in the first DCI… the channel access indication information may indicate a Cyclic Prefix Extension (CPE) length. The terminal device may determine that the channel access mode corresponding to the first uplink transmission is the first channel access mode when the CPE length indicated by the channel access indication information is a first predetermined value. Fig. 1-7 & ¶0136 - when the CPE length indicated by the channel access indication information is 0, the terminal device may determine that the channel access mode corresponding to the first uplink transmission is the first channel access mode; Fig. 1-7 & ¶0137: ¶0138 - the first predetermined value may be 25 microseconds. … when the CPE length indicated by the channel access indication information corresponds to 25 microseconds, the terminal device may determine that the channel access mode corresponding to the first uplink transmission is the first channel access mode.); initiate the channel occupancy time to perform the uplink transmission based at least in part on the content in the DCI enabling the UE-initiated channel occupancy time and the uplink transmission having a starting symbol aligned with a starting time of an FFP associated with the one or more FFP configurations (Fig. 1-7 & ¶0105 - At S210, a terminal device determines first periodic channel occupancy. The first periodic channel occupancy includes channel occupancy for the terminal device to initiate Channel Occupancy Time (COT). The first periodic channel occupancy includes first channel occupancy. Fig. 1-7 & ¶0106 - At S220, the terminal device determines a channel access mode corresponding to a first uplink transmission. A start position of the first channel occupancy is same as a start position of a first time domain resource. The first time domain resource is a resource used by the terminal device for transmitting the first uplink transmission. Fig. 1-7 & ¶0117: ¶0120 - the first channel access mode may include performing channel sensing with a fixed detection time slot length. … the fixed detection time slot length may be 9 microseconds… the first channel access mode may include: the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds before the first time domain resource, and when the channel sensing succeeds, the terminal device transmitting the first uplink transmission over the first time domain resource…. the first channel access mode may include: the terminal device performing channel sensing with a detection time slot length of 9 microseconds before the start position of the first channel occupancy, and starting to transmit the first uplink transmission burst from the start position of the first channel occupancy after the channel sensing succeeds, the first uplink transmission burst including the first uplink transmission. Fig. 1-7 & ¶0127 - first channel access sub-mode may include: when a gap between the first uplink transmission and a first downlink transmission burst does not exceed 16 microseconds, the terminal device starting to transmit the first uplink transmission without performing channel sensing after the first downlink transmission burst ends. As an example, the second channel access sub-mode may include: when the gap between the first uplink transmission and the first downlink transmission burst exceeds 16 microseconds, the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds within a fixed interval of 25 microseconds before starting the first uplink transmission, and transmitting the first uplink transmission after the channel sensing succeeds); wherein to initiate the channel occupancy time (Fig. 1-7 & ¶0110: ¶0111), the one or more processors (Fig. 8, 410/420, Fig. 10, 610) are further configured to: determine that the one or more FFP configurations are associated with multiple FFPs that have the same starting time (Fig. 1-7 & ¶0106 - At S220, the terminal device determines a channel access mode corresponding to a first uplink transmission. A start position of the first channel occupancy is same as a start position of a first time domain resource. The first time domain resource is a resource used by the terminal device for transmitting the first uplink transmission. Fig. 1-7 & ¶0111 - the first channel occupancy may include a first COT and a first IP <idle Period>, and a start position of the first COT is same as a start position of the first time domain resource. Fig. 1-7 & ¶0112 - the terminal device may determine second channel occupancy, the second channel occupancy may be used for the network device to initiate channel occupancy, and the second channel occupancy may include second COT and a second IP < idle Period >. Fig. 1-7 & ¶0209 - a length of the first periodic FFP may be the same as a length of the second periodic FFP. …an end position of the COT in the first periodic FFP may be the same as an end position of the COT in the second periodic FFP. Fig. 5-6 & ¶0224 - As shown in FIG. 5 and FIG. 6, the terminal device determines a first FFP and a second FFP. Here, the first FFP is an FFP in the first periodic FFP usable by the terminal device to initiate channel occupancy as configured for the terminal device. The second FFP is an FFP in the second periodic FFP for the network device to initiate channel occupancy. …. The start position of the first time domain resource is the same as the start position of the first FFP.), and select the FFP in which to initiate the channel occupancy time based at least in part on one or more bits in the DCI that indicate, among the multiple FFPs, the FFP in which to initiate the channel occupancy time (Fig. 5-6 & ¶0224 - the terminal device determines a first FFP and a second FFP. … the first FFP is an FFP in the first periodic FFP usable by the terminal device to initiate channel occupancy as configured for the terminal device. The second FFP is an FFP in the second periodic FFP for the network device to initiate channel occupancy. The terminal device receives first DCI transmitted by the network device, and the first DCI is used to schedule the terminal device to transmit a first PUSCH over a first time domain resource. The start position of the first time domain resource is the same as the start position of the first FFP. Fig. 5-6 & ¶0225 - the first DCI includes channel access indication information, and the terminal device determines the channel access mode corresponding to the first PUSCH according to the channel access indication information. Fig. 5-6 & ¶0226 - when the CPE length indicated by the channel access indication information is 0, the terminal device determines that the channel access mode corresponding to the first PUSCH is the first channel access mode, or the terminal device determines that the LBT mode corresponding to the first PUSCH is a channel access mode to initiate first COT. Specifically, the terminal device performs channel sensing with a detection time slot length of 9 microseconds before the start position of the first time domain resource, and starts to transmit the first PUSCH from the start position of the first COT after the channel sensing succeeds. Also, see Table 1 along with ¶0084-¶0085, ¶0141-¶0143,¶0149/¶0151 ; Table 2 along with ¶0085-¶0087, ¶0090; Table 3 along with ¶0161; Also, see snapshots of Fig. 5-6 along with Tables 1-3, next); and perform the uplink transmission at the starting time of the FFP based at least in part on initiating the channel occupancy time (Fig. 5-6 & ¶0226 - when the CPE length indicated by the channel access indication information is 0, the terminal device determines that the channel access mode corresponding to the first PUSCH is the first channel access mode, or the terminal device determines that the LBT mode corresponding to the first PUSCH is a channel access mode to initiate first COT. Specifically, the terminal device performs channel sensing with a detection time slot length of 9 microseconds before the start position of the first time domain resource, and starts to transmit the first PUSCH from the start position of the first COT after the channel sensing succeeds).
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Yet, Wu does not expressly teach receive, from the base station, downlink control information (DCI) scheduling an uplink transmission, wherein the DCI includes content to enable or disable a UE-initiated channel occupancy time using the one or more FFP configurations;
However, in the analogous art, Abreu explicitly discloses receive, from the base station, downlink control information (DCI) scheduling an uplink transmission, wherein the DCI includes content to enable or disable a UE-initiated channel occupancy time using the one or more FFP configurations; (Fig. 1-10 & ¶0136 - downlink control information (DCI) can be used for providing, i.e. transmitting, the clearance indication. That is, the clearance indication (CI) may be is sent by the gNB in DL direction as part of Downlink Control Information (DCI) to the UE. The DCI can be sent only to the specific UE which initiated the COT (e.g. using UE-specific RNTI), or could be sent to many or all UEs being served by the gNB, e.g through GC-PDCCH with DCI format 2_0, which would allow the target UE and possibly other UEs to detect the clearance indication (CI) and interpret that the gNB will keep acting as a responding device of the UE acting as the initiating device (for the UE-initiated COT), at least for the subsequent gNB FFP. The clearance indication (CI)in the DCI may consist e.g. of a single bit, with 1′ indicating that UL transmission within a UE FFP and initiation of a UL FFP is allowed during the idle period of the gNB FFP, and ‘0’ indicating the opposite, or vice versa. Also, see claims 27, 34 & 41.).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Wu’s invention of a system and a method of achieving proper coexistence of COT (Channel Occupancy Time) initiated by a network device and COT initiated by a terminal device on an unlicensed spectrum in a wireless communication system to include Abreu’s invention of a system and a method operating for enabling/realizing support for idle period communication in semi-static channel access in 5G/NR (New Radio) communication system, because it provides an efficient mechanism for obviating the UL (Uplink) restriction imposed on the UE (User Equipment) and to facilitate appropriate support for UE-initiated COT (Channel Occupancy Time) for Frame Based Equipment (FBE), namely UE communication during an idle period of a gNB in semi-static channel access mode in the 5G/NR (New Radio) communication system. (¶0021, Abreu)
Re. Claims 7 and 16, Wu and Abreu teach claims 1 and 10.
Wu further discloses refraining from initiating the channel occupancy time based at least in part on determining that the content in the DCI disables the UE-initiated channel occupancy time, or based at least in part on determining that the uplink transmission has a starting symbol that is not aligned with a starting time of at least one FFP associated with the one or more FFP configurations (Fig. 1-7 & ¶0052 - frame structure includes a Fixed Frame Period (FFP), Channel Occupancy Time (COT), and an Idle Period (IP). Here, the length value range of the FFP can be for example 1 to 10 ms, the length of the COT does not exceed 95% of the length of the FFP, the length of the IP is at least 5% of the length of the FFP and the minimum value of the IP is 100 μs and is at the end of the FFP. Fig. 1-7 & ¶0057 - The terminal device can determine Ty and/or Tz according to the configured Tx . … after the terminal device determines the length Tx of the FFP, it can determine information such as the start position of the FFP, the period of the FFP, the maximum COT length for signal transmission in the FFP, and the idle period for channel sensing in the FFP according to predetermined rules. See ¶0060-¶0063. Fig. 1-7 & ¶0090 - The terminal device performs channel sensing with a detection time slot length of 9 microseconds before the start of the uplink transmission burst or FFP, and starts transmitting the uplink transmission burst from the start position of the COT after the channel sensing succeeds. If the channel sensing fails, the terminal device cannot perform any uplink transmission in the current uplink transmission burst. Fig. 1-7 & ¶0107 - if the terminal device is configured with the first periodic channel occupancy by a network device, the first periodic channel occupancy is used for the terminal device to initiate COT. In this case, when the terminal device is scheduled to transmit the first uplink transmission from the start position of the first channel occupancy in the first periodic channel occupancy, it needs to determine whether to perform LBT by sharing the COT of the network device or initiating the COT on its own. Fig. 1-7 & ¶0108 - after determining the first periodic channel occupancy, the terminal device can determine the channel access mode <i.e., first channel access mode: a channel access mode which is used to initiate a COT by the terminal device & second channel access mode: a channel access mode which is used to share a COT of a network device.; See ¶0114-¶0123> corresponding to the first uplink transmission. That is, the terminal device can determine an LBT scheme corresponding to the first uplink transmission. For example, the UE can perform LBT by sharing COT of the network device or initiating COT, so as to avoid collision between the COT initiated by the network device and the COT initiated by the terminal device on an unlicensed spectrum. That is, the COT initiated by the network device and the COT initiated by the terminal device can properly coexist on the unlicensed spectrum, such that communication performance can be improved. Fig. 1-7 & ¶0115 - the first channel access mode may include a channel access mode which is used to initiate a COT by the terminal device. Fig. 1-7 & ¶0119 - the first channel access mode may include: the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds before the first time domain resource, and when the channel sensing succeeds, the terminal device transmitting the first uplink transmission over the first time domain resource, or when the channel sensing fails, the terminal device not transmitting the first uplink transmission over the first time domain resource. Fig. 1-7 & ¶0120 - the first channel access mode may include: the terminal device performing channel sensing with a detection time slot length of 9 microseconds before the start position of the first COT, and starting to transmit the first uplink transmission burst from the start position of the first COT after the channel sensing succeeds, the first uplink transmission burst including the first uplink transmission, or if the channel sensing fails, the terminal device not performing any uplink transmission in the first channel occupancy. Also, examiner interprets that only one of the claimed features to be mapped because of the presence of “or”in the limitation.).
Re. Claims 8 and 17, Wu and Abreu teach claims 7 and 16.
Yet, Wu does not expressly teach performing the uplink transmission in a channel occupancy time initiated by the base station based at least in part on determining that the uplink transmission and the DCI that enables or disables the UE-initiated channel occupancy time are in the channel occupancy time initiated by the base station.
However, in the analogous art, Abreu explicitly discloses performing the uplink transmission in a channel occupancy time initiated by the base station based at least in part on determining that the uplink transmission and the DCI that enables or disables the UE-initiated channel occupancy time are in the channel occupancy time initiated by the base station (Fig. 1-10 & ¶0001 - the present disclosure relates to …. for enabling/realizing support for idle period communication in semi-static channel access. Fig. 1-10 & ¶0081 - present disclosure relates to channel access procedures, specifically semi-static channel access. Accordingly, when herein reference is made to an idle period, … but this is meant as a period where a device needs to be silent prior to attempting to acquire the channel in an unlicensed spectrum/band (i.e. the idle period includes a period/chance for channel sensing or LBT). For example, an idle period as referred to herein is an idle period of a fixed frame period (FFP), which is the underlying principle of FBE(-based) channel access procedures. Fig. 1-10 & ¶0133 - the clearance indication can be provided from the base station device to the user equipment device in any manner, as long as the user equipment device is thereby enabled to know or infer non-/clearance for communication by the user equipment device in an idle period within a base station device frame period or, stated in other words, non-/intention of the base station device to communicate in the subsequent base station device frame period. Fig. 1-10 & ¶0136 - downlink control information (DCI) can be used for providing, i.e. transmitting, the clearance indication. That is, the clearance indication may be is sent by the gNB in DL direction as part of Downlink Control Information (DCI) to the UE. The DCI can be sent only to the specific UE which initiated the COT (e.g. using UE-specific RNTI), or could be sent to many or all UEs being served by the gNB, e.g through GC-PDCCH with DCI format 2_0, which would allow the target UE and possibly other UEs to detect the clearance indication and interpret that the gNB will keep acting as a responding device of the UE acting as the initiating device (for the UE-initiated COT), at least for the subsequent gNB FFP. The clearance indication in the DCI may consist e.g. of a single bit, with 1′ indicating that UL transmission within a UE FFP and initiation of a UL FFP (fixed frame period) is allowed during the idle period of the gNB FFP, and ‘0’ indicating the opposite, or vice versa.);
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Wu’s invention of a system and a method of achieving proper coexistence of COT (Channel Occupancy Time) initiated by a network device and COT initiated by a terminal device on an unlicensed spectrum in a wireless communication system to include Abreu’s invention of a system and a method operating for enabling/realizing support for idle period communication in semi-static channel access in 5G/NR (New Radio) communication system, because it provides an efficient mechanism for obviating the UL (Uplink) restriction imposed on the UE (User Equipment) and to facilitate appropriate support for UE-initiated COT (Channel Occupancy Time) for Frame Based Equipment (FBE), namely UE communication during an idle period of a gNB in semi-static channel access mode in the 5G/NR (New Radio) communication system. (¶0021, Abreu)
Re. Claims 9 and 18, Wu and Abreu teach claims 7 and 16.
Yet, Wu does not expressly teach cancelling the uplink transmission based at least in part on determining that the uplink transmission or the DCI that enables or disables the UE-initiated channel occupancy time is not in a channel occupancy time initiated by the base station.
However, in the analogous art, Abreu explicitly discloses cancelling the uplink transmission based at least in part on determining that the uplink transmission or the DCI that enables or disables the UE-initiated channel occupancy time is not in a channel occupancy time initiated by the base station. ( Fig. 1-10 & ¶0088 - In the operation (S130) of disabling (or inhibiting) communication by the user equipment device in the at least one idle period within the base station device frame period, i.e. base station device FFP, the user equipment may (after stopping transmission by the user equipment device prior to the at least one idle period of the base station device frame period, i.e. base station device FFP) for example suspend (ongoing or scheduled) transmission by the user equipment device in a channel occupancy time (COT) of a user equipment device frame period, i.e. a user equipment device FFP, and/or resume transmission by the user equipment device in a channel occupancy time (COT) of a user equipment device frame period, i.e. the user equipment device FFP, after the at least one idle period of the base station device frame period, i.e. the base station device FFP (if some ongoing or scheduled transmission is left). Fig. 5-6 & ¶0113 - In case (A) illustrated in FIG. 5, the UE-initiated COT overlaps with the gNB idle period. In this case, the UE needs to stop transmitting during the time (i.e. in pre-configured UL transmission occasions) overlapping with the gNB idle period, namely when entering the gNB idle period. This is illustrated by way of the crossed thick-line box. That is, the UE cannot use its TTIs, or at least those parts thereof, which are crossed out in the illustration. Fig. 5-6 & ¶0114 - In case (B) illustrated in FIG. 5, the UE idle period (and part of the UE-initiated COT) overlaps with the gNB idle period. In this case, like in case (A) above, the UE needs to stop transmitting during the time (i.e. in pre-configured UL transmission occasions) overlapping with the gNB idle period. This is illustrated by way of the left-hand crossed thick-line box. Additionally, the UE is prevented from initiating/acquiring a COT in the subsequent UE FFP, since the subsequent FFP and thus its COT starts within the gNB idle period. Hence, the UE cannot initiate/acquire the subsequent COT, and cannot transmit at the beginning of the subsequent UE FFP and thus misses the entire subsequent COT. Fig. 5-6 & ¶0117 - In case (A) illustrated in FIG. 6, which basically corresponds to case (A) of FIG. 5, the gNB determines that it does not intend to communicate in the subsequent gNB FFP, namely that it does not intend to initiate/acquire the subsequent COT (i.e. the COT in the subsequent gNB FFP). Hence, the gNB provides/transmits the clearance indication (CI), which is illustrated by a black box. For monitoring for presence of the clearance indication (CI), the UE may need to stop transmitting (which is illustrated by way of a white/empty box) at the time which is configured as the (potential) clearance indication provision/transmission time according to a corresponding configuration by the gNB, as described above).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Wu’s invention of a system and a method of achieving proper coexistence of COT (Channel Occupancy Time) initiated by a network device and COT initiated by a terminal device on an unlicensed spectrum in a wireless communication system to include Abreu’s invention of a system and a method operating for enabling/realizing support for idle period communication in semi-static channel access in 5G/NR (New Radio) communication system, because it provides an efficient mechanism for obviating the UL (Uplink) restriction imposed on the UE (User Equipment) and to facilitate appropriate support for UE-initiated COT (Channel Occupancy Time) for Frame Based Equipment (FBE), namely UE communication during an idle period of a gNB in semi-static channel access mode in the 5G/NR (New Radio) communication system. (¶0021, Abreu)
Re. claim 23, Wu teaches a method (Fig. 1-7 & ¶0063/¶0105-¶0108/¶0116) of wireless communication (Fig. 1) performed by a user equipment (UE) (Fig. 8), comprising: receiving, from a base station, information indicating a fixed frame period (FFP) configuration in a frame based equipment (FBE) mode and downlink control information (DCI) scheduling an uplink transmission, wherein the DCI includes information indicating a listen before talk (LBT) channel access type and a cyclic prefix extension for the uplink transmission,(Fig. 1-7 & ¶0005 - transmitting, by a network device, first Downlink Control Information (DCI) to a terminal device, the first DCI being used by the terminal device to determine a channel access mode corresponding to a first uplink transmission, and the first DCI being used to schedule the first uplink transmission. Fig. 1-7 & ¶0014 - after determining the first periodic channel occupancy, the terminal device can determine the channel access mode corresponding to the first uplink transmission. That is, the terminal device can determine an LBT scheme corresponding to the first uplink transmission. For example, the UE can perform LBT by sharing COT of the network device or initiating COT, so as to avoid collision between the COT initiated by the network device and the COT initiated by the terminal device on an unlicensed spectrum. That is, the COT initiated by the network device and the COT initiated by the terminal device can properly coexist on the unlicensed spectrum, such that communication performance can be improved. Fig. 1-7 & ¶0052 - In the FBE (i.e., Frame Based Equipment) channel access mechanism, or semi-static channel access mode, the frame structure occurs periodically, that is, channel resources the communication device can use for service transmission occur periodically. A frame structure includes a Fixed Frame Period (FFP), Channel Occupancy Time (COT), and an Idle Period (IP). Fig. 1-7 & ¶0053 - The communication device performs channel sensing on the channel during the idle period to evaluate the availability of the channel (sensing for evaluating a channel availability, also known as Clear Channel Assessment (CCA)). If the channel sensing succeeds, the Channel Occupancy Time (COT) in the next FFP <i.e., Fixed Frame Period> can be used for signal transmission. If the channel sensing fails, the COT in the next FFP cannot be used for signal transmission. Fig. 1-7 & ¶0063 - in the FBE mode, when a terminal device is scheduled for PUSCH or PUCCH transmission, a network device can indicate a channel access mode corresponding to the PUSCH or PUCCH and a size of a Cyclic Prefix Extension (CPE) for the UE's transmission via channel access indication information in Downlink Control Information (DCI) carrying an uplink grant (UL grant) or downlink grant (DL grant). Fig. 1-7 & ¶0064/¶0068 - Downlink Control Information (DCI) carrying the uplink grant (UL grant) or downlink grant (DL grant) may include the following types: the channel access type, CPE length and CAPC can be used for PUSCH transmission. Fig. 1-7 & ¶00092 - when the terminal device is scheduled for uplink transmission, which is located at the start position of channel occupancy (one FFP) in the periodic channel occupancy (FFP configuration) configured for the terminal device to initiate channel occupancy, how the terminal device can determine the LBT mode corresponding to the uplink transmission, for example, whether the terminal device performs LBT by sharing the COT of the network device or by initiating the COT on its own is the main consideration of the present disclosure. Fig. 1-7 & ¶0108 - after determining the first periodic channel occupancy, the terminal device can determine the channel access mode corresponding to the first uplink transmission. That is, the terminal device can determine an LBT scheme corresponding to the first uplink transmission. For example, the UE can perform LBT by sharing COT of the network device or initiating COT, so as to avoid collision between the COT initiated by the network device and the COT initiated by the terminal device on an unlicensed spectrum. Fig. 1-7 & ¶0133 - terminal device may determine the channel access mode corresponding to the first uplink transmission according to channel access indication information in the first DCI. Fig. 1-7 & ¶0134 - the channel access indication information may indicate a Cyclic Prefix Extension (CPE) length.), and determining whether to initiate a channel occupancy time or share a channel occupancy time initiated by the base station to perform the uplink transmission based at least in part on the information and whether the uplink transmission has a starting symbol aligned with a starting time of the FFP. (Fig. 1-7 & ¶0005 - The method includes: transmitting, by a network device, first Downlink Control Information (DCI) to a terminal device, the first DCI being used by the terminal device to determine a channel access mode corresponding to a first uplink transmission, and the first DCI being used to schedule the first uplink transmission. Fig. 1-7 & ¶0105 - At S210, a terminal device determines first periodic channel occupancy. The first periodic channel occupancy includes channel occupancy for the terminal device to initiate Channel Occupancy Time (COT). The first periodic channel occupancy includes first channel occupancy. Fig. 1-7 & ¶0106 - At S220, the terminal device determines a channel access mode corresponding to a first uplink transmission. A start position of the first channel occupancy is same as a start position of a first time domain resource. The first time domain resource is a resource used by the terminal device for transmitting the first uplink transmission. Fig. 1-7 & ¶0108 - after determining the first periodic channel occupancy, the terminal device can determine the channel access mode corresponding to the first uplink transmission. That is, the terminal device can determine an LBT scheme corresponding to the first uplink transmission. For example, the UE can perform LBT by sharing COT of the network device or initiating COT… Fig. 1-7 & ¶0110: ¶0111 - The first channel occupancy may be channel occupancy configured for the terminal device to initiate COT…. the first channel occupancy may include a first COT and a first IP <idle period>, and a start position of the first COT is same as a start position of the first time domain resource. Fig. 1-7 & ¶0117: ¶0120 - the first channel access mode may include performing channel sensing with a fixed detection time slot length. … the fixed detection time slot length may be 9 microseconds… the first channel access mode may include: the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds before the first time domain resource, and when the channel sensing succeeds, the terminal device transmitting the first uplink transmission over the first time domain resource…. the first channel access mode may include: the terminal device performing channel sensing with a detection time slot length of 9 microseconds before the start position of the first channel occupancy, and starting to transmit the first uplink transmission burst from the start position of the first channel occupancy after the channel sensing succeeds, the first uplink transmission burst including the first uplink transmission. Fig. 1-7 & ¶0127 - first channel access sub-mode may include: when a gap between the first uplink transmission and a first downlink transmission burst does not exceed 16 microseconds, the terminal device starting to transmit the first uplink transmission without performing channel sensing after the first downlink transmission burst ends. As an example, the second channel access sub-mode may include: when the gap between the first uplink transmission and the first downlink transmission burst exceeds 16 microseconds, the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds within a fixed interval of 25 microseconds before starting the first uplink transmission, and transmitting the first uplink transmission after the channel sensing succeeds.), wherein the UE refrains from initiating the channel occupancy time when the starting symbol of the uplink transmission is not aligned with the starting time of the FFP (Fig. 1-7 & ¶0052 - frame structure includes a Fixed Frame Period (FFP), Channel Occupancy Time (COT), and an Idle Period (IP). Here, the length value range of the FFP can be for example 1 to 10 ms, the length of the COT does not exceed 95% of the length of the FFP, the length of the IP is at least 5% of the length of the FFP and the minimum value of the IP is 100 μs and is at the end of the FFP. Fig. 1-7 & ¶0057 - The terminal device can determine Ty and/or Tz according to the configured Tx . … after the terminal device determines the length Tx of the FFP, it can determine information such as the start position of the FFP, the period of the FFP, the maximum COT length for signal transmission in the FFP, and the idle period for channel sensing in the FFP according to predetermined rules. See ¶0060-¶0063. Fig. 1-7 & ¶0090 - The terminal device performs channel sensing with a detection time slot length of 9 microseconds before the start of the uplink transmission burst or FFP, and starts transmitting the uplink transmission burst from the start position of the COT after the channel sensing succeeds. If the channel sensing fails, the terminal device cannot perform any uplink transmission in the current uplink transmission burst. Fig. 1-7 & ¶0107 - if the terminal device is configured with the first periodic channel occupancy by a network device, the first periodic channel occupancy is used for the terminal device to initiate COT. In this case, when the terminal device is scheduled to transmit the first uplink transmission from the start position of the first channel occupancy in the first periodic channel occupancy, it needs to determine whether to perform LBT by sharing the COT of the network device or initiating the COT on its own. Fig. 1-7 & ¶0108 - after determining the first periodic channel occupancy, the terminal device can determine the channel access mode <i.e., first channel access mode: a channel access mode which is used to initiate a COT by the terminal device & second channel access mode: a channel access mode which is used to share a COT of a network device.; See ¶0114-¶0123> corresponding to the first uplink transmission. That is, the terminal device can determine an LBT scheme corresponding to the first uplink transmission. For example, the UE can perform LBT by sharing COT of the network device or initiating COT, so as to avoid collision between the COT initiated by the network device and the COT initiated by the terminal device on an unlicensed spectrum. That is, the COT initiated by the network device and the COT initiated by the terminal device can properly coexist on the unlicensed spectrum, such that communication performance can be improved. Fig. 1-7 & ¶0115 - the first channel access mode may include a channel access mode which is used to initiate a COT by the terminal device. Fig. 1-7 & ¶0119 - the first channel access mode may include: the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds before the first time domain resource, and when the channel sensing succeeds, the terminal device transmitting the first uplink transmission over the first time domain resource, or when the channel sensing fails, the terminal device not transmitting the first uplink transmission over the first time domain resource. Fig. 1-7 & ¶0120 - the first channel access mode may include: the terminal device performing channel sensing with a detection time slot length of 9 microseconds before the start position of the first COT, and starting to transmit the first uplink transmission burst from the start position of the first COT after the channel sensing succeeds, the first uplink transmission burst including the first uplink transmission, or if the channel sensing fails, the terminal device not performing any uplink transmission in the first channel occupancy.), and performs the uplink transmission using the channel occupancy time initiated by the base station and shared with the UE (Fig. 5-6 & ¶0112 - the terminal device may determine second channel occupancy, the second channel occupancy may be used for the network device to initiate channel occupancy, and the second channel occupancy may include second COT and a second IP. Fig. 5-6 & ¶0230 - if the first DCI is within the second COT of the network device, and the first time domain resource over which the first PUSCH scheduled by the first DCI is transmitted is also within the second COT of the network device, …. the terminal device determines that the LBT mode corresponding to the first PUSCH is the channel access mode to share the COT of the network device).
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Yet, Wu does not expressly teach wherein the LBT channel access type indicates whether UE-initiated channel occupancy time is enabled or disabled;
However, in the analogous art, Abreu explicitly discloses wherein the LBT channel access type indicates whether UE-initiated channel occupancy time is enabled or disabled (Fig. 1-10 & ¶0001 - the present disclosure relates to …. for enabling/realizing support for idle period communication in semi-static channel access. Fig. 1-10 & ¶0081 - present disclosure relates to channel access procedures, specifically semi-static channel access. Accordingly, when herein reference is made to an idle period, … but this is meant as a period where a device needs to be silent prior to attempting to acquire the channel in an unlicensed spectrum/band (i.e. the idle period includes a period/chance for channel sensing or LBT). For example, an idle period as referred to herein is an idle period of a fixed frame period (FFP), which is the underlying principle of FBE(-based) channel access procedures. Fig. 1-10 & ¶0133 - the clearance indication can be provided from the base station device to the user equipment device in any manner, as long as the user equipment device is thereby enabled to know or infer non-/clearance for communication by the user equipment device in an idle period within a base station device frame period or, stated in other words, non-/intention of the base station device to communicate in the subsequent base station device frame period. Fig. 1-10 & ¶0136 - downlink control information (DCI) can be used for providing, i.e. transmitting, the clearance indication. That is, the clearance indication may be is sent by the gNB in DL direction as part of Downlink Control Information (DCI) to the UE. The DCI can be sent only to the specific UE which initiated the COT (e.g. using UE-specific RNTI), or could be sent to many or all UEs being served by the gNB, e.g through GC-PDCCH with DCI format 2_0, which would allow the target UE and possibly other UEs to detect the clearance indication and interpret that the gNB will keep acting as a responding device of the UE acting as the initiating device (for the UE-initiated COT), at least for the subsequent gNB FFP. The clearance indication in the DCI may consist e.g. of a single bit, with 1′ indicating that UL transmission within a UE FFP and initiation of a UL FFP (fixed frame period) is allowed during the idle period of the gNB FFP, and ‘0’ indicating the opposite, or vice versa.);
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Wu’s invention of a system and a method of achieving proper coexistence of COT (Channel Occupancy Time) initiated by a network device and COT initiated by a terminal device on an unlicensed spectrum in a wireless communication system to include Abreu’s invention of a system and a method operating for enabling/realizing support for idle period communication in semi-static channel access in 5G/NR (New Radio) communication system, because it provides an efficient mechanism for obviating the UL (Uplink) restriction imposed on the UE (User Equipment) and to facilitate appropriate support for UE-initiated COT (Channel Occupancy Time) for Frame Based Equipment (FBE), namely UE communication during an idle period of a gNB in semi-static channel access mode in the 5G/NR (New Radio) communication system. (¶0021, Abreu)
Claims 2, 11 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Wu, in view of Abreu, further in view of Wang et al. (2023/0319819), Wang hereinafter.
Re. Claims 2 and 11, Wu and Abreu teach claims 1 and 10.
Yet, Wu and Abreu do not expressly teach wherein the content in the DCI indicates a first listen before talk (LBT) type to enable the UE-initiated channel occupancy time, or a second LBT type to disable the UE-initiated channel occupancy time.
However, in the analogous art, Wang explicitly discloses wherein the content in the DCI indicates a first listen before talk (LBT) type to enable the UE-initiated channel occupancy time, or a second LBT type to disable the UE-initiated channel occupancy time. (Fig. 11B & ¶0298 - the base station schedules PUSCH1 to be transmitted from the starting point of UE-initiated channel occupancy period 1 through DCI. The LBT type of PUSCH1 indicated in DCI is no need to perform LBT, so the UE does not initiate channel occupancy, but shares the base-station-initiated channel occupancy. The base station schedules PUSCH2 to be transmitted from the starting point of UE-initiated channel occupancy period 2 through DCI. The LBT type of PUSCH2 indicated in DCI is a 9 μs LBT, so the UE initiates channel occupancy.)
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Wu’s invention of a system and a method of achieving proper coexistence of COT (Channel Occupancy Time) initiated by a network device and COT initiated by a terminal device on an unlicensed spectrum in a wireless communication system and Abreu’s invention of a system and a method operating for enabling/realizing support for idle period communication in semi-static channel access in 5G/NR (New Radio) communication system to include Wang’s invention of a system and a method operating for receiving and transmitting uplink signals in 5G communication system, because it provides an efficient mechanism for a base station in detecting an uplink signal at a starting position of a successful UE-initiated channel occupancy procedure for supporting higher data rates in the 5G communication system. (Abstract/¶0296, Wang)
Re. Claim 24, Wu and Abreu teach claim 23.
Yet, Wu and Abreu do not expressly teach wherein the information indicates a first listen before talk (LBT) type to enable the UE-initiated channel occupancy time, or a second LBT type to disable the UE-initiated channel occupancy time.
However, in the analogous art, Wang explicitly discloses wherein the information indicates a first listen before talk (LBT) type to enable the UE-initiated channel occupancy time, or a second LBT type to disable the UE-initiated channel occupancy time. (Fig. 11B & ¶0298 - the base station schedules PUSCH1 to be transmitted from the starting point of UE-initiated channel occupancy period 1 through DCI. The LBT type of PUSCH1 indicated in DCI is no need to perform LBT, so the UE does not initiate channel occupancy, but shares the base-station-initiated channel occupancy. The base station schedules PUSCH2 to be transmitted from the starting point of UE-initiated channel occupancy period 2 through DCI. The LBT type of PUSCH2 indicated in DCI is a 9 μs LBT, so the UE initiates channel occupancy.)
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Wu’s invention of a system and a method of achieving proper coexistence of COT (Channel Occupancy Time) initiated by a network device and COT initiated by a terminal device on an unlicensed spectrum in a wireless communication system and Abreu’s invention of a system and a method operating for enabling/realizing support for idle period communication in semi-static channel access in 5G/NR (New Radio) communication system to include Wang’s invention of a system and a method operating for receiving and transmitting uplink signals in 5G communication system, because it provides an efficient mechanism for a base station in detecting an uplink signal at a starting position of a successful UE-initiated channel occupancy procedure for supporting higher data rates in the 5G communication system. (Abstract/¶0296, Wang)
Claims 3, 12 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Wu, in view of Abreu, in view of Wang, further in view of Noh et al. (2023/0131003), Noh hereinafter.
Re. Claims 3, 12 and 25, Bagheri, Abreu and Wang teach claims 2, 11 and 24.
Yet, Bagheri, Abreu and Wang do not expressly teach wherein the first LBT type is a Category 2 LBT type and the second LBT type is a Category 1 LBT type.
However, in the analogous art, Noh explicitly discloses wherein the first LBT type is a Category 2 LBT type and the second LBT type is a Category 1 LBT type. (Fig. 15-23 & ¶0264 - In a scheme of the FBE < Frame based equipment > mode, the communication node may acquire the channel occupancy time through channel access of LBT category 2 just before the fixed frame period. If a gap is 16 us or less within the channel occupancy time initiated and acquired by the base station, the base station and the UE may use the channel access scheme of category 1. When the gap within the channel occupancy time acquired by the base station exceeds 16 us, the base station and the UE may use a channel access scheme of category 2.)
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Wu’s invention of a system and a method of achieving proper coexistence of COT (Channel Occupancy Time) initiated by a network device and COT initiated by a terminal device on an unlicensed spectrum in a wireless communication system and Abreu’s invention of a system and a method operating for enabling/realizing support for idle period communication in semi-static channel access in 5G/NR (New Radio) communication system and Wang’s invention of a system and a method operating for receiving and transmitting uplink signals in 5G communication system to include Noh’s invention of a system and a method for transmitting uplink channel in a wireless communication system, because it provides an efficient mechanism for determining, when a fixed frame duration is configured in each of a base station and a UE, whether an uplink channel is transmitted based on a channel occupancy duration initiated by the base station or an uplink channel is transmitted based on a channel occupancy duration initiated by the UE in a wireless communication system.(¶0002-¶0013, Noh)
Response to Arguments
Applicant’s arguments filed on 05/27/2026 with respect to independent claim 23 has been considered but they are not persuasive.
Regarding arguments in pages 10-12 as submitted on 05/27/2026 for independent claim 23, applicant asserts that Abreu fails to teach, ''determining whether to initiate a channel occupancy time or share a channel occupancy time initiated by the base station to perform the uplink transmission based at least in part on the information and whether the uplink transmission has a starting symbol aligned with a starting time of the FFP, wherein the UE refrains from initiating the channel occupancy time when the starting symbol of the uplink transmission is not aligned with the starting time of the FFP, and performs the uplink transmission using the channel occupancy time initiated by the base station and shared with the UE,”. Applicant further asserts, “Even assuming, arguendo, that the Examiner's interpretation of WU is reasonable, which the Applicant does not concede, Applicant respectfully submits that WU does not disclose at least the above features of amended claim 23.”. See at least at pages 10-11 of remarks as submitted on 05/27/2026.
Examiner respectfully disagrees with the applicant. In reference to the limitation, for example, “''determining whether to initiate a channel occupancy time or share a channel occupancy time initiated by the base station to perform the uplink transmission based at least in part on the information and whether the uplink transmission has a starting symbol aligned with a starting time of the FFP”, Abreu, for example, discloses that a terminal device determines <step, S210 in Fig. 3,> first periodic channel occupancy. The first periodic channel occupancy includes channel occupancy for the terminal device to initiate Channel Occupancy Time (COT). The first periodic channel occupancy includes first channel occupancy. The terminal device determines < step, S220 in Fig. 3> a channel access mode corresponding to a first uplink transmission. A start position of the first channel occupancy is same as a start position of a first time domain resource. The first time domain resource is a resource used by the terminal device for transmitting the first uplink transmission. See ¶0105-¶0106. Abreu further discloses that the first channel occupancy may be channel occupancy configured for the terminal device to initiate COT…. the first channel occupancy may include a first COT and a first IP <idle period>, and a start position of the first COT is same as a start position of the first time domain resource. See ¶0110-¶0111. Abreu further discloses that the first channel access mode may include performing channel sensing with a fixed detection time slot length. … the fixed detection time slot length may be 9 microseconds… the first channel access mode may include: the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds before the first time domain resource, and when the channel sensing succeeds, the terminal device transmitting the first uplink transmission over the first time domain resource…. the first channel access mode may include: the terminal device performing channel sensing with a detection time slot length of 9 microseconds before the start position of the first channel occupancy, and starting to transmit the first uplink transmission burst from the start position of the first channel occupancy after the channel sensing succeeds, the first uplink transmission burst including the first uplink transmission. See ¶0117: ¶0120. Abreu further discloses that first channel access sub-mode may include: when a gap between the first uplink transmission and a first downlink transmission burst does not exceed 16 microseconds, the terminal device starting to transmit the first uplink transmission without performing channel sensing after the first downlink transmission burst ends. As an example, the second channel access sub-mode may include: when the gap between the first uplink transmission and the first downlink transmission burst exceeds 16 microseconds, the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds within a fixed interval of 25 microseconds before starting the first uplink transmission, and transmitting the first uplink transmission after the channel sensing succeeds. See ¶0127 along with Fig. 1-7.
In reference to the limitation, for example,” wherein the UE refrains from initiating the channel occupancy time when the starting symbol of the uplink transmission is not aligned with the starting time of the FFP”, Abreu, for example, discloses that frame structure includes a Fixed Frame Period (FFP), Channel Occupancy Time (COT), and an Idle Period (IP). Here, the length value range of the FFP can be for example 1 to 10 ms, the length of the COT does not exceed 95% of the length of the FFP, the length of the IP is at least 5% of the length of the FFP and the minimum value of the IP is 100 μs and is at the end of the FFP. See ¶0052. Abreu further discloses that the terminal device can determine Ty and/or Tz according to the configured Tx . … after the terminal device determines the length Tx of the FFP, it can determine information such as the start position of the FFP, the period of the FFP, the maximum COT length for signal transmission in the FFP, and the idle period for channel sensing in the FFP according to predetermined rules. See ¶0057 along with ¶0060-¶0063 and Fig. 2. In line with aforesaid disclosure, in particular to ¶0057 & ¶0060-¶0063 as depicted in Fig.2, Abreu further discloses that the terminal device performs channel sensing with a detection time slot length of 9 microseconds before the start of the uplink transmission burst or FFP, and starts transmitting the uplink transmission burst from the start position of the COT after the channel sensing succeeds. If the channel sensing fails, the terminal device cannot perform any uplink transmission in the current uplink transmission burst. See ¶0090 along with Fig. 1-7. Abreu further discloses that if the terminal device is configured with the first periodic channel occupancy by a network device, the first periodic channel occupancy is used for the terminal device to initiate COT. In this case, when the terminal device is scheduled to transmit the first uplink transmission from the start position of the first channel occupancy in the first periodic channel occupancy, it needs to determine whether to perform LBT by sharing the COT of the network device or initiating the COT on its own…. after determining the first periodic channel occupancy, the terminal device can determine the channel access mode <i.e., first channel access mode: a channel access mode which is used to initiate a COT by the terminal device & second channel access mode: a channel access mode which is used to share a COT of a network device.; See ¶0114-¶0123> corresponding to the first uplink transmission. That is, the terminal device can determine an LBT scheme corresponding to the first uplink transmission. For example, the UE can perform LBT by sharing COT of the network device or initiating COT, so as to avoid collision between the COT initiated by the network device and the COT initiated by the terminal device on an unlicensed spectrum. That is, the COT initiated by the network device and the COT initiated by the terminal device can properly coexist on the unlicensed spectrum, such that communication performance can be improved. See ¶0107-¶0108 along with Fig. 1-7. Abreu further discloses that the first channel access mode may include a channel access mode which is used to initiate a COT by the terminal device. .. the first channel access mode may include: the terminal device performing channel sensing with a fixed detection time slot length of 9 microseconds before the first time domain resource, and when the channel sensing succeeds, the terminal device transmitting the first uplink transmission over the first time domain resource, or when the channel sensing fails, the terminal device not transmitting the first uplink transmission over the first time domain resource….. the first channel access mode may include: the terminal device performing channel sensing with a detection time slot length of 9 microseconds before the start position of the first COT, and starting to transmit the first uplink transmission burst from the start position of the first COT after the channel sensing succeeds, the first uplink transmission burst including the first uplink transmission, or if the channel sensing fails, the terminal device not performing any uplink transmission in the first channel occupancy. See ¶0115/¶0119-¶0120 along with Fig. 1-7, quite an extraordinary contradiction to applicant’s assertion at pages 10-11 of remarks as submitted on 05/27/2026.
Regarding arguments in pages 12-13 as submitted on 05/27/2026 for independent claim 23, applicant asserts that Abreu fails to teach, “''wherein the LBT channel access type indicates whether a DE-initiated channel occupancy time is enabled or disabled," as recited in claim 23. Instead, the Office Action relies on paragraph [0136] of ABREU for allegedly disclosing these features. See Office Action, pages 6 and 7. Even assuming, arguendo, that the Examiner's interpretation of ABREU is reasonable, which the Applicant does not concede, Applicant respectfully submits that ABREU does not disclose at least the above features of amended claim 23.” See at least at page 12 of remarks as submitted on 05/27/2026.
Examiner respectfully disagrees with the applicant. For example, Abreu discloses that the present disclosure relates to …. for enabling/realizing support for idle period communication in semi-static channel access. See ¶0001 along with Fig. 1-10. Abreu further discloses that the present disclosure relates to channel access procedures, specifically semi-static channel access. Accordingly, when herein reference is made to an idle period, … but this is meant as a period where a device needs to be silent prior to attempting to acquire the channel in an unlicensed spectrum/band (i.e. the idle period includes a period/chance for channel sensing or LBT). For example, an idle period as referred to herein is an idle period of a fixed frame period (FFP), which is the underlying principle of FBE(-based) channel access procedures. See ¶0081 along with Fig. 1-10. Abreu continues in disclosing that the clearance indication can be provided from the base station device to the user equipment device in any manner, as long as the user equipment device is thereby enabled to know or infer non-/clearance for communication by the user equipment device in an idle period <i.e., the idle period includes a period/chance for channel sensing or LBT , see ¶0081> within a base station device frame period or, stated in other words, non-/intention of the base station device to communicate in the subsequent base station device frame period….. .. downlink control information (DCI) can be used for providing, i.e. transmitting, the clearance indication. That is, the clearance indication may be is sent by the gNB in DL direction as part of Downlink Control Information (DCI) to the UE. The DCI can be sent only to the specific UE which initiated the COT <i.e., channel occupancy time > (e.g. using UE-specific RNTI), or could be sent to many or all UEs being served by the gNB, e.g., through GC-PDCCH with DCI format 2_0, which would allow the target UE and possibly other UEs to detect the clearance indication and interpret that the gNB will keep acting as a responding device of the UE acting as the initiating device (for the UE-initiated COT), at least for the subsequent gNB FFP (fixed frame period). The clearance indication in the DCI may consist e.g. of a single bit, with ‘1′ indicating that UL transmission within a UE FFP and initiation of a UL FFP (fixed frame period) is allowed during the idle period <i.e., the idle period includes a period/chance for channel sensing or LBT, see ¶0081> of the gNB FFP, and ‘0’ indicating the opposite, or vice versa. See ¶0131/¶0136 along with Fig. 1-10, quite a contrast to applicant’s assertion at least at page 12 of remarks as submitted on 05/27/2026.
For reasons as explained supra, it is maintained that independent claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Wu, in view of Abreu.
For similar reasons, it is also reiterated <after carefully analyzing cited prior arts as applicable for claims 23-25 > that independent claims 1 and 10, are also rejected under 35 U.S.C. 103 as being unpatentable over Wu, in view of Abreu.
As all other dependent claims depend either directly or indirectly from the independent claims 1, 10 and 23, similar rationale also applies to all respective dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
3GPP TSG RAN WG1 #98bis; R1-1911052; Source: MediaTek Inc.; Title: Discussion on channel access procedure; Chongqing, China, October 14th – 20th, 2019. See ¶2.1, §2.2, §3, §5 <See snapshots below, applicable for all claims>.
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3GPP TSG RAN WG1 #102-e; R1- 2006370; Source: Nokia, Nokia Shanghai Bell; Title: Remaining Issues on Channel Access Procedures for NR-U; e-Meeting, August 17th – August 28th, 2020. See §2, §4.3, §3 < See snapshots below, applicable for all claims >.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUL CHOWDHURY whose telephone number is (571)272-0485. The examiner can normally be reached on Monday-Thursday 9 AM- 6 PM EST (Friday Var.).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on 571-272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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