Prosecution Insights
Last updated: August 18, 2026
Application No. 18/293,205

METHOD AND APPARATUS FOR TRANSMISSIONS VIA UNLICENSED RADIO CHANNELS

Final Rejection §103
Filed
Jan 29, 2024
Priority
Aug 10, 2021 — nonprovisional of PCT/EP2021/072281 +1 more
Examiner
OLALEYE, OLADIRAN GIDEON
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Nokia Corporation
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
93 granted / 121 resolved
+18.9% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
56 currently pending
Career history
174
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
64.9%
+24.9% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to an amendment filed on 06/01/2026. Response to Amendment The Amendment filed on 06/01/2026 has been entered. Claims 1-2, 4-6, 29-30 and 32-42 are pending Claims 1, 29 and 34 are amended Claims 3, 7-28, 31 and 43-46 are canceled Claims 1-2, 4-6, 29-30 and 32-42 remain rejected. 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-6 and 29-42 are rejected under 35 U.S.C. 103 as being unpatentable over MOON et al. (US 20230354275 A1), hereinafter referenced as Moon, in view of Einhaus et al. (US 20180302915 A1), hereinafter referenced as Einhaus. Regarding claims 1 and 29, Moon teaches a method (Fig. 1, Para. [0004]-Moon teaches method and an apparatus for transmitting and receiving uplink signals according to ultra reliable low latency communication (URLLC) requirements. Para. [0070]-Moon teaches transmitting and receiving signals in a communication system will be described. In particular, channel occupation methods, signal transmission methods, and channel occupation-related information transmission methods of a communication node (e.g., base station and/or terminal), for improving transmission reliability and delay time in a wireless communication system supporting communication in an unlicensed band. Fig. 2, Para. [0062]-Moon teaches communication node 200 may comprise at least one processor 210, a memory 220, and a transceiver 230 connected to the network for performing communications. Also, the communication node 200 may further comprise an input interface device 240, an output interface device 250, a storage device 260, and the like. Each component included in the communication node 200 may communicate with each other as connected through a bus 270), comprising: in response to data becoming transmission-ready at the user equipment with one or more intervening uplink grants before the earliest opportunity to attempt to transmit the data via a first unlicensed radio channel currently activated at the user equipment (Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0135]-Moon discloses the terminal may desire to transmit a configured grant PUSCH within a COT. Para. [0248]-Moon discloses the terminal may obtain information indicating to transmit a PUSCH based on one of the two COTs through an uplink grant (e.g., DCI format 0_X (X=0, 1, 2, . . . )) for scheduling the PUSCH. Para. [0283]-Moon discloses when the DCI including the COT initiation indicator (e.g., DCI corresponding to the COT initiation indicator) is transmitted in a COT of an n-th uplink FFP, an uplink FFP to which the COT initiation indication is applied may be a (n+K)-th uplink FFP ... if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA. Para. [0082]-Moon discloses frequency band (e.g., carrier, bandwidth part, listen before talk (LBT) subband, guard band, etc.) is activated’ may mean that the frequency band is in a state in which a base station or terminal can transmit or receive a signal by using the corresponding frequency band (e.g., active frequency band)), switching to a second unlicensed radio channel in response to a determination at the user equipment that the second unlicensed radio channel has a fixed frame period starting in alignment with a next uplink grant (Para. [0283]-Moon discloses if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0274]-Moon discloses receiving node (e.g., terminal) may dynamically determine whether to transmit a signal in an idle period of an FFP occupied by a transmitting node (e.g., base station). Transmitting or not transmitting an uplink signal (e.g., PUSCH) in a period corresponding to the idle period of the downlink FFP within the COT initiated by the terminal may be indicated (e.g., configured) to the corresponding terminal. In this case, the terminal may determine whether to transmit an uplink signal (e.g., PUSCH) in the period corresponding to the idle period of the downlink FFP until a time earlier by a predetermined time than a start time of the uplink signal (e.g., PUSCH). Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA), and attempting to transmit the data via the second unlicensed radio channel at an uplink grant of the one or more intervening uplink grants (Para. [0135]-Moon discloses the terminal may desire to transmit a configured grant PUSCH within a COT. Para. [0132]-Moon discloses a terminal may attempt to share the COT initiated by the base station in the channel(s), and to transmit a PUSCH within the corresponding COT. Para. [0248]-Moon discloses the terminal may obtain information indicating to transmit a PUSCH based on one of the two COTs through an uplink grant (e.g., DCI format 0_X (X=0, 1, 2, . . . )) for scheduling the PUSCH. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA. Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band). Moon fails to explicitly teach storing, at a user equipment, information about a sequence of uplink grants for the user equipment to make uplink transmissions via one or more radio channels of a plurality of unlicensed radio channels. However, Einhaus teaches storing, at a user equipment, information about a sequence of uplink grants for the user equipment to make uplink transmissions via one or more radio channels of a plurality of unlicensed radio channels (Para. [0225]-Einhaus discloses uplink transmission sequence happening in an unlicensed cell. Claim [11]-Einhaus discloses user equipment comprises a storage which in operation store a type pattern defining for each subframe for which an uplink transmission is possible one of the different types of uplink transmissions, wherein the processor, when in operation, determines the type of uplink transmission for an uplink transmission based on the type pattern and the subframe for which the uplink transmission is scheduled. optionally wherein a first type pattern is predetermined for a sequence of two uplink transmissions, the first type pattern defining the third type for the first of the two uplink transmissions and defining the first type for the second of the two uplink transmissions, optionally wherein a second type pattern is predetermined for a sequence of three uplink transmissions, the second type pattern defining the fourth type for the first of the three uplink transmissions, defining the second type for the second of the three uplink transmissions, and defining the first or fourth type for the third of the three uplink transmissions. Para. [0221]-Einhaus discloses the UE, being scheduled to perform an uplink transmission for a particular subframe, will determine whether and how to apply the first and second mechanism based on this pattern and the particular subframe for which it was scheduled. Para. [0191]-Einhaus discloses in case that each uplink transmission in the unlicensed band requires a clear channel assessment (CCA) prior to the respective transmission in order to support fair channel access in coexistence with other equipment (such as Wi-Fi nodes) that are operating on the same unlicensed channel). Moon and Einhaus are both considered to be analogous to the claimed invention because they are in the same field of communication networks, dealing with radio base station for scheduling uplink transmissions and to a user equipment for performing the scheduled uplink transmission. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moon to incorporate the teachings of Einhaus on uplink grants, with a motivation to store uplink grant sequences at the UE, and guarantee the reliability of the uplink transmission can be improved, and performance of the communication system can be improved, (Moon, Para. [0025]). Regarding claims 2 and 30, Moon teaches the method according to claim 1 and The apparatus according to claim 29 respectively, Moon further teaches attempting to transmit the data via the second unlicensed radio channel comprises attempting to transmit the data at the earliest uplink grant of the one or more intervening uplink grants (Para. [0283]-Moon discloses when the DCI including the COT initiation indicator (e.g., DCI corresponding to the COT initiation indicator) is transmitted in a COT of an n-th uplink FFP, an uplink FFP to which the COT initiation indication is applied may be a (n+K)-th uplink FFP ... if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA. Para. [0135]-Moon discloses the terminal may desire to transmit a configured grant PUSCH within a COT. Para. [0132]-Moon discloses a terminal may attempt to share the COT initiated by the base station in the channel(s), and to transmit a PUSCH within the corresponding COT). Regarding claims 4 and 32, Moon teaches the method according to claim 1 and The apparatus according to claim 29 respectively, Moon further teaches switching to the second unlicensed radio channel in response to a determination at the user equipment that the second radio channel has an index value related in a predetermined way to an index value of the first radio channel (Para. [0283]-Moon discloses if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. For another example, the terminal may be configured with an index (or number) of an uplink FFP within a unit time (e.g., one radio frame or two consecutive radio frames) through RRC signaling or DCI from the base station, and the terminal may initiate or may not initiate a COT for the uplink FFP having the index according to an indication of the base station. Para. [0274]-Moon discloses receiving node (e.g., terminal) may dynamically determine whether to transmit a signal in an idle period of an FFP occupied by a transmitting node (e.g., base station). Transmitting or not transmitting an uplink signal (e.g., PUSCH) in a period corresponding to the idle period of the downlink FFP within the COT initiated by the terminal may be indicated (e.g., configured) to the corresponding terminal. In this case, the terminal may determine whether to transmit an uplink signal (e.g., PUSCH) in the period corresponding to the idle period of the downlink FFP until a time earlier by a predetermined time than a start time of the uplink signal (e.g., PUSCH). Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA). Regarding claims 5 and 33, Moon teaches the method according to claim 1 and The apparatus according to claim 29 respectively, Moon further teaches the sequence of uplink grants comprises a periodic sequence of uplink grants (Para. [0128]-Moon discloses receiving a configured grant, the terminal may obtain information on a resource region(s) in which a PUSCH may be transmitted (hereinafter, referred to as ‘configured grant resource(s)’). The configured grant resource may be configured periodically. One or more configured grant resource(s) may be periodically repeated. When uplink traffic (e.g., uplink shared channel (UL-SCH)) is generated, the terminal may transmit a PUSCH in the configured grant resource). Regarding claims 6 and 34, Moon teaches the method according to claim 1 and The apparatus according to any claim 29 respectively, Moon further teaches the one or more intervening uplink grants do not align with the start of a fixed frame period for the first unlicensed radio channel (Fig. 15, Para. [0257]-Moon discloses he start time of the uplink transmission may not be aligned with the boundary of the uplink FFP. In this case, the terminal may determine which COT the uplink transmission belongs to through a predefined rule or signaling from the base station. Para. [0211]-Moon discloses the downlink FFPs and the uplink FFPs may not be aligned with each other. For example, a time offset may be configured between the downlink FFPs and the uplink FFPs. Para. [0160-Moon discloses when the FFPs of the channel(s) in which the terminal receives the COT acquisition signal and the FFPs of the channel(s) to perform uplink transmission are not generally aligned with each other), and are not within a channel occupancy time of a fixed frame period for the first unlicensed radio channel for which a successful channel access procedure by the user equipment is valid (Fig. 6B, Para. [0134]-Moon discloses the terminal may receive an uplink grant corresponding to a PUSCH in a region outside the COT in which the PUSCH is to be transmitted. Para. [0116]-Moon discloses terminal may determine the position of each FFP in the time domain, the position of the COT constituting each FFP, and/or the position of the idle period constituting each FFP in the time domain according to the configuration information on LBT operation (e.g., information on the FFP) and a predefined rule. Para. [0145]-Moon discloses the transmitting node (e.g., base station) may transmit a signal after a channel sensing operation is successful in an idle period. Accordingly, the COT acquisition signal may be transmitted at a start part of the COT. For example, the COT acquisition signal may be transmitted in symbol(s) including the first symbol of the COT (e.g., the first symbol of the FFP)). Regarding claim 35, Moon teaches the apparatus according to claim 29, Moon further teaches the second unlicensed radio channel is one of a plurality of unlicensed radio channels including resource blocks for which the apparatus is configured by a radio access network node to make data transmissions (Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA. Para. [0095]-Moon discloses communication of an unlicensed band, a contention-based channel access scheme may be used to provide fair channel use opportunities to communication nodes. Para. [0100]-Moon discloses communication node initiates or secures a COT or a channel occupancy (CO)’ may mean ‘the communication node occupies a channel(s) by succeeding in an LBT operation’. Para. [0108]-Moon discloses channel access procedure of an unlicensed band may be performed based on an LBE operation scheme and/or an FBE operation scheme. Para. [0118]-Moon discloses LBT operation may be performed on a specific frequency bundle basis. The frequency bundle may be referred to as ‘channel’, ‘LBT subband’, ‘subband’, or ‘resource block (RB) set’ ... The communication node may perform sensing and data transmission in 20 MHz or a frequency bundle unit corresponding to 20 MHz. Para. [0178]-Moon discloses unlicensed band communication ... applied to a PUSCH scheduled by a dynamic grant (e.g., uplink grant, DCI, DCI format, etc.)), and the start time of a next fixed frame period for the second unlicensed radio channel is earlier than the start times of next fixed frame periods for the other unlicensed radio channels of the plurality of unlicensed radio channels (Para. [0283]-Moon discloses when if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA). Regarding claim 36, Moon teaches the apparatus according to claim 29, Moon further teaches attempting to transmit the data via the second unlicensed radio channel comprises attempting a channel access procedure for access to the second unlicensed channel in a fixed frame period starting in alignment with one of the one or more intervening uplink grants (Para. [0283]-Moon discloses if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0108]-Moon discloses communication devices (e.g., communication nodes, base stations, and terminals) performing LBT operations in an unlicensed band may be classified into LBEs and FBEs. In addition, a channel access procedure of an unlicensed band may be performed based on an LBE operation scheme and/or an FBE operation scheme. Para. [0135]-Moon discloses the terminal may desire to transmit a configured grant PUSCH within a COT. Para. [0132]-Moon discloses a terminal may attempt to share the COT initiated by the base station in the channel(s), and to transmit a PUSCH within the corresponding COT). Regarding claim 37, Moon teaches the apparatus according to claim 36, Moon further teaches the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to: in response to the channel access procedure being successful, transmitting the data within a channel occupancy time starting at the start of the fixed frame period for the second unlicensed radio channel (Para. [0112]-Moon discloses when a sensing operation succeeds in an idle period before an FFP (e.g., when a channel is determined to be in the idle state), the communication node may transmit a signal within a COT of the corresponding FFP. Para. [0115]-Moon discloses COT may be initiated by the base station. When an LBT operation is successful in an idle period, the base station may transmit a downlink transmission burst to the terminal from a start time of the COT. Para. [0145]-Moon discloses the transmitting node (e.g., base station) may transmit a signal after a channel sensing operation is successful in an idle period. Accordingly, the COT acquisition signal may be transmitted at a start part of the COT. For example, the COT acquisition signal may be transmitted in symbol(s) including the first symbol of the COT (e.g., the first symbol of the FFP). Para. [0108]-Moon discloses communication devices (e.g., communication nodes, base stations, and terminals) performing LBT operations in an unlicensed band may be classified into LBEs and FBEs. In addition, a channel access procedure of an unlicensed band may be performed based on an LBE operation scheme and/or an FBE operation scheme. (See also Para. [0164-0165])). Regarding claim 38, Moon teaches the apparatus according to claim 37, Moon further teaches the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to: transmit further data via the second unlicensed radio channel at one more later uplink grants within the channel occupancy time starting at the start of the fixed frame period for the second unlicensed radio channel (Para. [0118]-Moon discloses LBT operation may be performed on a specific frequency bundle basis. The frequency bundle may be referred to as ‘channel’, ‘LBT subband’, ‘subband’, or ‘resource block (RB) set’ ... The communication node may perform sensing and data transmission in 20 MHz or a frequency bundle unit corresponding to 20 MHz. Para. [0112]-Moon discloses when a sensing operation succeeds in an idle period before an FFP (e.g., when a channel is determined to be in the idle state), the communication node may transmit a signal within a COT of the corresponding FFP. Para. [0115]-Moon discloses COT may be initiated by the base station. When an LBT operation is successful in an idle period, the base station may transmit a downlink transmission burst to the terminal from a start time of the COT. Para. [0145]-Moon discloses the transmitting node (e.g., base station) may transmit a signal after a channel sensing operation is successful in an idle period. Accordingly, the COT acquisition signal may be transmitted at a start part of the COT. For example, the COT acquisition signal may be transmitted in symbol(s) including the first symbol of the COT (e.g., the first symbol of the FFP). Para. [0108]-Moon discloses communication devices (e.g., communication nodes, base stations, and terminals) performing LBT operations in an unlicensed band may be classified into LBEs and FBEs. In addition, a channel access procedure of an unlicensed band may be performed based on an LBE operation scheme and/or an FBE operation scheme. (See also Para. [0164-0165])). Regarding claim 39, Moon teaches the apparatus according to claim 37, Moon further teaches the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to: in response to having further data transmission-ready in time for transmission at a later uplink grant within the channel occupancy time of the fixed frame period for the second unlicensed radio channel after no data transmission at a preceding uplink grant within the channel occupancy time of the fixed frame period for the second unlicensed radio channel, attempt transmission of the further data via the second unlicensed radio channel (Para. [0283]-Moon discloses when the DCI including the COT initiation indicator (e.g., DCI corresponding to the COT initiation indicator) is transmitted in a COT of an n-th uplink FFP, an uplink FFP to which the COT initiation indication is applied may be a (n+K)-th uplink FFP ... if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0112]-Moon discloses when a sensing operation succeeds in an idle period before an FFP (e.g., when a channel is determined to be in the idle state), the communication node may transmit a signal within a COT of the corresponding FFP. Para. [0075]-Moon discloses base station may schedule a data channel (e.g., physical downlink shared channel (PDSCH), physical uplink shared channel (PUSCH), physical sidelink shared channel (PSSCH)) using some or all of symbols constituting a slot. In particular, for URLLC transmission, unlicensed band transmission. Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA. Para. [0135]-Moon discloses the terminal may desire to transmit a configured grant PUSCH within a COT. Para. [0132]-Moon discloses a terminal may attempt to share the COT initiated by the base station in the channel(s), and to transmit a PUSCH within the corresponding COT). Regarding claim 40, Moon teaches the apparatus according to claim 37, Moon further teaches the at least one memory and computer program code are configured to, with the at least one processor, cause the at a later uplink grant within the channel occupancy time of the fixed frame period for the second unlicensed radio channel after no data transmission by the user equipment at a preceding uplink grant within the channel occupancy time of the fixed frame period for the second unlicensed radio channel, attempt transmission of the further data via the second unlicensed radio channel or via another unlicensed radio channel, depending on whether no data transmission at the preceding uplink grant was a result of no data being transmission- ready for transmission at the preceding uplink grant, or the result of a channel access failure to make a data transmission at the preceding uplink grant (Para. [0112]-Moon discloses when a sensing operation succeeds in an idle period before an FFP (e.g., when a channel is determined to be in the idle state), the communication node may transmit a signal within a COT of the corresponding FFP. Para. [0283]-Moon discloses when the DCI including the COT initiation indicator (e.g., DCI corresponding to the COT initiation indicator) is transmitted in a COT of an n-th uplink FFP, an uplink FFP to which the COT initiation indication is applied may be a (n+K)-th uplink FFP ... if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0075]-Moon discloses base station may schedule a data channel (e.g., physical downlink shared channel (PDSCH), physical uplink shared channel (PUSCH), physical sidelink shared channel (PSSCH)) using some or all of symbols constituting a slot. In particular, for URLLC transmission, unlicensed band transmission. Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA. Para. [0135]-Moon discloses the terminal may desire to transmit a configured grant PUSCH within a COT. Para. [0132]-Moon discloses a terminal may attempt to share the COT initiated by the base station in the channel(s), and to transmit a PUSCH within the corresponding COT). Regarding claim 41, Moon teaches the apparatus according to claim 29, Moon further teaches the first and second unlicensed radio channels comprise 20MHz channels (Para. [0118]-Moon discloses LBT operation may be performed on a specific frequency bundle basis. The frequency bundle may be referred to as ‘channel’, ‘LBT subband’, ‘subband’, or ‘resource block (RB) set’ ... The communication node may perform sensing and data transmission in 20 MHz or a frequency bundle unit corresponding to 20 MHz). Regarding claim 42, Moon teaches the apparatus according to claim 41, Moon further teaches attempting to transmit the data via the second unlicensed radio channel comprises attempting to transmit the data via a set of resource blocks within the second 20MHz channel (Para. [0118]-Moon discloses LBT operation may be performed on a specific frequency bundle basis. The frequency bundle may be referred to as ‘channel’, ‘LBT subband’, ‘subband’, or ‘resource block (RB) set’ ... The communication node may perform sensing and data transmission in 20 MHz or a frequency bundle unit corresponding to 20 MHz. Para. [0135]-Moon discloses the terminal may desire to transmit a configured grant PUSCH within a COT. Para. [0132]-Moon discloses a terminal may attempt to share the COT initiated by the base station in the channel(s), and to transmit a PUSCH within the corresponding COT). Response to Arguments Applicant's Arguments/Remarks, filed on 06/01/2026, with respect to the 35 USC § 103 rejection of claims 1-2, 4-6, 29-30 and 32-42 have been fully considered. Applicant’s arguments are not persuasive. In the remarks, on page 9, Lines [16-19], Applicant argues that, “…Einhaus' s "type pattern" is fundamentally different from "information about a sequence of uplink grants for the user equipment to make uplink transmissions via one or more radio channels of a plurality of unlicensed radio channels" as recited by claims 1 and 29.” Examiner respectfully disagrees for the following reasons: Einhaus teaches the limitation (as recited in claims 1), storing, at a user equipment, information about a sequence of uplink grants for the user equipment to make uplink transmissions via one or more radio channels of a plurality of unlicensed radio channels (Para. [0225]-Einhaus discloses uplink transmission sequence happening in an unlicensed cell. Claim [11]-Einhaus discloses user equipment comprises a storage which in operation store a type pattern defining for each subframe for which an uplink transmission is possible one of the different types of uplink transmissions, wherein the processor, when in operation, determines the type of uplink transmission for an uplink transmission based on the type pattern and the subframe for which the uplink transmission is scheduled. optionally wherein a first type pattern is predetermined for a sequence of two uplink transmissions, the first type pattern defining the third type for the first of the two uplink transmissions and defining the first type for the second of the two uplink transmissions, optionally wherein a second type pattern is predetermined for a sequence of three uplink transmissions, the second type pattern defining the fourth type for the first of the three uplink transmissions, defining the second type for the second of the three uplink transmissions, and defining the first or fourth type for the third of the three uplink transmissions. Para. [0221]-Einhaus discloses the UE, being scheduled to perform an uplink transmission for a particular subframe, will determine whether and how to apply the first and second mechanism based on this pattern and the particular subframe for which it was scheduled. Para. [0191]-Einhaus discloses in case that each uplink transmission in the unlicensed band requires a clear channel assessment (CCA) prior to the respective transmission in order to support fair channel access in coexistence with other equipment (such as Wi-Fi nodes) that are operating on the same unlicensed channel); In order to make the above referenced limitation distinct from the disclosures of the prior art, Einhaus et al. (US 20180302915 A1), Examiner recommends amending the claims to include how the “sequence of uplink grants” in the incumbent claim differ from the “uplink transmission sequence” in Einhaus. In the remarks, on page 10, Lines [9-11], Applicant argues that, “…Neither Moon nor Einhaus, alone or in combination, teaches or suggests a UE determining which of multiple unlicensed channels has a fixed frame period aligned with the next uplink grant and switching to that channel.” However, Moon teaches switching to a second unlicensed radio channel in response to a determination at the user equipment that the second unlicensed radio channel has a fixed frame period starting in alignment with a next uplink grant (Para. [0283]-Moon discloses if a distance between a start time of a preconfigured uplink FFP or a start time of a sensing period corresponding to a start time of an uplink FFP and a reception end time of the DCI is less than T, the terminal may apply the COT initiation indication to an earliest uplink FFP for which the time T is secured among the next uplink FFPs of the preconfigured uplink FFP. Alternatively, in this case, the terminal may ignore the COT initiation indicator. Para. [0274]-Moon discloses receiving node (e.g., terminal) may dynamically determine whether to transmit a signal in an idle period of an FFP occupied by a transmitting node (e.g., base station). Transmitting or not transmitting an uplink signal (e.g., PUSCH) in a period corresponding to the idle period of the downlink FFP within the COT initiated by the terminal may be indicated (e.g., configured) to the corresponding terminal. In this case, the terminal may determine whether to transmit an uplink signal (e.g., PUSCH) in the period corresponding to the idle period of the downlink FFP until a time earlier by a predetermined time than a start time of the uplink signal (e.g., PUSCH). Para. [0070]-Moon discloses wireless communication system supporting communication in an unlicensed band. Para. [0157]-Moon discloses transmitting node may perform an LBT operation on a plurality of channels (e.g., a plurality of LBT subbands, a plurality of RB sets), and initiate a common COT for channel(s) in which the transmitting node succeeded in CCA. Alternatively, the transmitting node may independently initiate a COT for each of the channel(s) that succeeded in CCA). In the remarks, on page 11, Lines [1-3], Applicant argues that, “…The Examiner has not articulated why a person of ordinary skill in the art would have been motivated to combine Einhaus's single-cell type pattern mechanism with Moon's multi-channel LBT framework to arrive at the claimed invention.” However, Moon and Einhaus are both considered to be analogous to the claimed invention because they are in the same field of communication networks, dealing with radio base station for scheduling uplink transmissions and to a user equipment for performing the scheduled uplink transmission. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moon to incorporate the teachings of Einhaus on uplink grants, with a motivation to store uplink grants sequences at the UE, and guarantee the reliability of the uplink transmission can be improved, and performance of the communication system can be improved, (Moon, Para. [0025]). Conclusion 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm to. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OO/ Examiner, Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Jan 29, 2024
Application Filed
Mar 23, 2026
Non-Final Rejection mailed — §103
Jun 01, 2026
Response Filed
Jun 25, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
93%
With Interview (+16.5%)
3y 0m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 121 resolved cases by this examiner. Grant probability derived from career allowance rate.

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