DETAILED ACTION
The following is a non-final office action in response to applicant’s amendment filed on 01/26/2026 for response of the office action mailed on 10/29/2025.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 .
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.
Claim 23 is 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. 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 the uplink transmission having a starting symbol aligned with a starting time of the FFP. (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, 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 & ¶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.).
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)
Claim 24 is 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. 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)
Claim 25 is 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. Claim 25, Bagheri, Abreu and Wang teach claim 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)
Allowable Subject Matter
Claims 1-3, 7-12 and 16-18 are allowed.
Response to Arguments
Applicant’s arguments filed on 01/26/2026 with respect to independent claim 23 has been considered but they are not persuasive.
Regarding arguments in pages 10-12 as submitted on 01/26/2026 for independent claim 23, applicant asserts that Abreu fails to teach, “wherein the LBT channel access type indicates whether UE-initiated channel occupancy time is enabled or disabled.”. Applicant further asserts, “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 11 of remarks as submitted on 01/26/2026.
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 11 of remarks as submitted on 01/26/2026.
Regarding arguments at the last section of page 11 for independent claim 23, Abreu disclosed the claimed features as outlined in the claims and the relevant disclosures as claimed, is already rebutted (see above) and pointed out in the §103 rejection. Applicant, is, however, arguing that “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, 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 the uplink transmission having a starting symbol aligned with a starting time of the FFP.”, are not disclosed by Abreu. In fact, those limitations are taught by Wu as mapped and explained in §103 rejection. Applicant is respectfully reminded that the independent claim 23 is unpatentable over Wu, in view of Abreu. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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 van der Abreu.
As all other dependent claims depend either directly or indirectly from the independent claim 23, similar rationale also applies to all respective dependent claims.
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.
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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