Notice of Pre-AIA or AIA Status
1. 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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
2. Claims 1, 3, 23, 29 and 30 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Tejedor et al. (US Pub. No: 2020/0059962 A1).
Regarding claim 1, Tejedor et al. teach an apparatus for multicarrier wireless communication at a first user equipment (UE) in a wireless communications system (see Abstract and Fig.2/Fig.6 for UE), comprising: a processor (see Fig.6, block 20 inside UE and para [0160]); and memory coupled to the processor (see Fig.6, block 22 and para [0160]); the processor configured to: determine a transmit diversity configuration indicating a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band (see para [0095] wherein the terminal or UE receiving information from a network node about one or more carriers in which the UE may or may not perform V2X operation on the sidelink & the received information mainly depicting interference or load situation on one or more carriers which can be used for V2X operation by the UE on the sidelink of these carriers, is mentioned and also see para [0096] wherein in one variant the received information comprising the signal levels and/or a signal pattern in a channel (or carriers) in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required) (that includes determining a transmit diversity configuration indicating a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band), which the UE can use for V2X operation, is mentioned and also see para [0100]);
perform the channel access procedure for the plurality of component carriers in the shared radio frequency spectrum band to determine the result of the channel access procedure based at least in part on the transmit diversity criterion (see para [0096] wherein in one variant the received information comprising the signal levels and/or a signal pattern in a channel (or carriers) in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), which the UE can use for V2X operation, is mentioned and also see para [0100] wherein in the step-2, the UE using the received information about load situation on the indicated carriers from the network node to determine whether to perform channel access procedure (e.g. sensing, LBT, CCA etc.) for transmit V2X related signals on the sidelink of one or more indicated carriers, is mentioned and also see para [0122] wherein the UE performing carrier sensing (LBT) for V2X operation on the sidelink of the carriers which is selected or determined by the UE in step-2, is mentioned and also see para [0047]); and
transmit or refrain from transmitting a message over at least one component carrier of the plurality of component carriers based at least in part on the result of the channel access procedure (see para [0123] wherein if the carrier sensing procedure is successful, then the UE allocating or reserving one or more radio resources on the SL of the carrier for certain time period & directly starting transmission, is mentioned and also see para [0047]).
Regarding claim 3, Tejedor et al. further teach the apparatus of claim 1, wherein the processor is further configured to: receive, from a second UE or a node, an indication of the transmit diversity criterion to declare the result of the channel access procedure for the plurality of component carriers in the shared radio frequency spectrum band based at least in part on an observed interference level satisfying a threshold (see para [0129] wherein the network node determining if one or more UEs are operating or expected to operate in sidelink of one or more carriers in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), is mentioned, also see para [0150] wherein the network node transmitting information obtained in step-2 to a UE and/or other network nodes, e.g. for operation on sidelink of one or more carriers in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), is mentioned and also see para [0153] wherein the information including radio measurement results e.g. signal quality, signal strength, interference etc., is mentioned).
Regarding claim 23, Tejedor et al. teach an apparatus for wireless communication at a first user equipment (UE) (see Abstract and Fig.2/Fig.6 for UE), comprising: a processor (see Fig.6, block 20 inside UE and para [0160]); and memory coupled to the processor (see Fig.6, block 22 and para [0160]), the processor configured to: measure one or more sidelink reference signals to determine an observed interference level at the first UE (see para [0102] wherein the UE performing one or more radio measurements on one or more carriers whose load situation is indicated by the network node to the UE, is mentioned and also the UE further performing signal level measurement result with a threshold, is mentioned and also see para [0109] wherein the UE measurement for one or more carriers in unlicensed spectrum including RS-SINR (Reference Signal Signal-To-Interference and Noise Ratio), is mentioned and also see para [0095]); and
communicate, to a second UE, a message comprising an indication of a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band based at least in part on the observed interference level satisfying a threshold (see para [0102] wherein the UE performing one or more radio measurements on one or more carriers whose load situation is indicated by the network node to the UE, is mentioned and also the UE further performing signal level measurement result with a threshold, is mentioned, also see para [0125] wherein the UE transmitting information about the use of V2X operation on SL of one or more carriers to another UE and/or to the network node, is mentioned and also the UE indicating to the network node/UE (e.g. a network node operating in the licensed spectrum) which carriers are used or expected to be used by the UE and/or which carriers cannot be used until certain time period (T3), not used or not expected to be used for certain time (T4) for V2X operation e.g. due to high load, is mentioned and also see para [0129] wherein the terminal determining if one or more UEs are operating or expected to operate in sidelink of one or more carriers in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), is mentioned, all of which includes and is equivalent to “communicating, to a second UE, a message comprising an indication of a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band based at least in part on the observed interference level satisfying a threshold” and also see para [0095]).
Regarding claim 29, Tejedor et al. teach an apparatus for wireless communication at a node (see Abstract and Fig.2/Fig.12), comprising: a processor (see Fig.12, block 120/processor and para [0166]); and memory coupled to the processor (see Fig.12, block 120 and para [0166] wherein a 120/controller being connected to memory, is mentioned), the processor configured to: transmit a transmit diversity configuration indicating a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band (see para [0095] wherein the terminal or UE receiving information that is transmitted from a network node about one or more carriers in which the UE may or may not perform V2X operation on the sidelink & the received information mainly depicting interference or load situation on one or more carriers which can be used for V2X operation by the UE on the sidelink of these carriers, is mentioned and also see para [0096] wherein in one variant the received information comprising the signal levels and/or a signal pattern in a channel (or carriers) in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required) (that includes a transmit diversity configuration indicating a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band), which the UE can use for V2X operation, is mentioned and also see para [0129]);
measure one or more reference signals to determine an observed interference level at the node (see para [0129] wherein the network node determining if one or more UEs are operating or expected to operate in sidelink of one or more carriers in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), is mentioned and also the network node operating on carriers (that includes measuring one or more reference signals) which may belong to either licensed band or unlicensed band, is mentioned and also see para [0150] wherein the network node transmitting information obtained in step-2 to a UE and/or other network nodes, e.g. for operation on sidelink of one or more carriers in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), is mentioned and also see para [0153] wherein the information including radio measurement results e.g. signal quality, signal strength, interference etc., is mentioned and also see para [0141] ); and
communicate, to a user equipment (UE), a message comprising an indication of an updated transmit diversity criterion to declare the result of the channel access procedure for the plurality of component carriers in the shared radio frequency spectrum band based at least in part on the observed interference level satisfying a threshold (see para [0129] wherein the network node determining if one or more UEs are operating or expected to operate in sidelink of one or more carriers in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), is mentioned, also see para [0150] wherein the network node transmitting information obtained in step-2 to a UE and/or other network nodes, e.g. for operation on sidelink of one or more carriers in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), is mentioned and also see para [0153] wherein the information including radio measurement results e.g. signal quality, signal strength, interference etc., is mentioned, all of which includes and is equivalent to “communicating, to a user equipment (UE), a message comprising an indication of an updated transmit diversity criterion to declare the result of the channel access procedure for the plurality of component carriers in the shared radio frequency spectrum band based at least in part on the observed interference level satisfying a threshold” and also see para [0148]).
Regarding claim 30, Tejedor et al. teach a method for multicarrier wireless communication at a first user equipment (UE) in a wireless communications system (see Abstract and Fig.2/Fig.6 for UE), comprising: determining a transmit diversity configuration indicating a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band (see para [0095] wherein the terminal or UE receiving information from a network node about one or more carriers in which the UE may or may not perform V2X operation on the sidelink & the received information mainly depicting interference or load situation on one or more carriers which can be used for V2X operation by the UE on the sidelink of these carriers, is mentioned and also see para [0096] wherein in one variant the received information comprising the signal levels and/or a signal pattern in a channel (or carriers) in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required) (that includes determining a transmit diversity configuration indicating a transmit diversity criterion to declare a result of a channel access procedure for a plurality of component carriers in a shared radio frequency spectrum band), which the UE can use for V2X operation, is mentioned and also see para [0100]);
performing the channel access procedure for the plurality of component carriers in the shared radio frequency spectrum band to determine the result of the channel access procedure based at least in part on the transmit diversity criterion (see para [0096] wherein in one variant the received information comprising the signal levels and/or a signal pattern in a channel (or carriers) in unlicensed spectrum (or in license-exempt spectrum or in a spectrum where LBT is required), which the UE can use for V2X operation, is mentioned and also see para [0100] wherein in the step-2, the UE using the received information about load situation on the indicated carriers from the network node to determine whether to perform channel access procedure (e.g. sensing, LBT, CCA etc.) for transmit V2X related signals on the sidelink of one or more indicated carriers, is mentioned and also see para [0122] wherein the UE performing carrier sensing (LBT) for V2X operation on the sidelink of the carriers which is selected or determined by the UE in step-2, is mentioned and also see para [0047]); and transmitting or refraining from transmitting a message over at least one component carrier of the plurality of component carriers based at least in part on the result of the channel access procedure (see para [0123] wherein if the carrier sensing procedure is successful, then the UE allocating or reserving one or more radio resources on the SL of the carrier for certain time period & directly starting transmission, is mentioned and also see para [0047]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
4. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tejedor et al. (US Pub. No: 2020/0059962 A1) in view of Cai et al. (US Pub. No: 2012/0008510 A1).
Regarding claim 2, Tejedor et al. teach the apparatus of claim 1.
Tejedor et al. is silent in teaching the apparatus of claim 1, wherein the processor is further configured to: receive a control message indicating the transmit diversity configuration, wherein the control message comprises a radio resource control message, a medium access control-control element (MAC-CE) message, or a downlink control information message, or a combination thereof.
However, Cai et al. teach an apparatus (see Abstract and Fig.2/WTRU 110) wherein the processor is further configured to: receive a control message indicating the transmit diversity configuration, wherein the control message comprises a radio resource control message, a medium access control-control element (MAC-CE) message, or a downlink control information message, or a combination thereof (see para [0169] wherein the UE receiving UL transmit diversity configuration via RRC (radio resource control) signaling, is mentioned and also see para [0171]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above apparatus of Tejedor et al. to have the processor being further configured to receive a control message indicating the transmit diversity configuration, wherein the control message comprises a radio resource control message, disclosed by Cai et al. in order to provide an effective mechanism of a wireless transmit/receiver unit (WTRU) for efficiently switching an antenna to use for uplink transmission based on the received channel quality information from a network node in wireless communication system.
5. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Tejedor et al. (US Pub. No: 2020/0059962 A1) in view of PARK et al. (US Pub. No: 2018/0343670 A1).
Regarding claim 22, Tejedor et al. teach the apparatus of claim 1.
Tejedor et al. is silent in teaching the apparatus of claim 1, wherein the processor is further configured to: determine a probability of the result of the channel access procedure using a probability model and declare the result of the channel access procedure for based at least in part on the probability.
However, PARK et al. teach an apparatus (see Abstract and Fig. 3/UE) wherein the processor is further configured to: determine a probability of the result of the channel access procedure using a probability model and declare the result of the channel access procedure for based at least in part on the probability (see para [0334] wherein a UL LBT success probability being defined as a first parameter and the UL LBT success probability being determined based on following equation, is mentioned and also see para [0335]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above apparatus of Tejedor et al. to have the processor being further configured to determine a probability of the result of the channel access procedure using a probability model and declare the result of the channel access procedure for based at least in part on the probability, disclosed by PARK et al. in order to provide an effective mechanism of UE for both providing effective uplink channel access in a wireless communication system and determining occupancy of an unlicensed band before uplink scheduling in the wireless communication system.
Allowable Subject Matter
6. Claims 4-21 and 24-28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GHEORGHIU et al. (US Pub. No: 2020/0052869 A1) disclose mechanisms relating to a method of receiving (1505) an activation message that indicates an activation of a first component carrier group for carrier aggregation communication between a user equipment (UE) and a base station.
XUE et al. (US Pub. No: 2021/0014892 A1) disclose mechanisms relating to measuring a channel occupancy time (COT) in a shared spectrum using a listen-before-talk (LBT) procedure by using a first user equipment (UE).
Lei et al. (US Pub. No: 2022/0053536 A1) disclose mechanisms relating to method and apparatus for subband based channel access on unlicensed spectrum in wireless communication system.
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/SRINIVASA R REDDIVALAM/Primary Examiner, Art Unit 2477 4/18/2026
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