DETAILED ACTION
This office action is responsive to communications filed on July 15, 2026. Claims 1, 2, 6, 7, 14, and 15 have been amended. Claim 11 has been canceled. Claims 1-10 and 12-20 are pending in the application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 15, 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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Shen et al. (US 2025/0056613) in view of Kim et al. (US 2024/0031110).
Regarding Claim 1, Shen teaches an apparatus comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor (“The communication apparatus 900 may be configured to implement a function of any network element in the communication system described in the foregoing embodiments. The communication apparatus 900 may include at least one processor 910. The processor 910 is coupled to a memory. Optionally, the memory may be located inside the communication apparatus, the memory may be integrated with the processor, or the memory may be located outside the communication apparatus. For example, the communication apparatus 900 may further include at least one memory 920. The memory 920 stores a necessary computer program, a computer program, or instructions and/or data for implementing any one of the foregoing embodiments. The processor 910 may execute the computer program stored in the memory 920, to complete the method in any one of the foregoing embodiments” – See [0230]), cause the apparatus at least to:
identify a clear channel assessment operation status for at least one neighbouring cell (“the access network device may send information by using the serving cell of the terminal device, to directly or indirectly indicate whether the LBT mode is used in a part or all of neighbor cells to be measured by the terminal device” – See [0116]; “S502: An access network device sends first information to the terminal device. The first information indicates an information sending mode of a cell in at least one frequency range” – See [0135]; “Specifically, the access network device may determine, based on neighbor cell information (or referred to as a neighbor cell relationship) obtained before the first information is sent, content indicated by the first information. For example, the access network device finds, based on the obtained neighbor cell information, that information sending modes of all known neighbor cells on a frequency are an LBT mode. In this case, the access network device may determine to indicate, in the first information, that the information sending mode corresponding to the frequency is the LBT mode” – See [0136]; The base station (apparatus) identifies an LBT mode (clear channel assessment operation status) for a neighbor cell);
transmit an indication of said clear channel assessment operation status for said at least one neighbouring cell to a served user equipment, wherein said indication identifies whether said at least one neighbouring cell operates with clear channel assessment or not (“S502: An access network device sends first information to the terminal device. The first information indicates an information sending mode of a cell in at least one frequency range” – See [0135]; The base station transmits an indication of the LBT mode for the neighbor cell to a terminal (user equipment)), and
wherein said indication identifies whether a serving cell supported by said serving base station operates with clear channel assessment or not (“The following provides examples of some message/signaling formats by using an example in which the value corresponding to the information sending mode at each level is represented as LBT or no-LBT” – See [0140]; “An access network device sends first information to the terminal device. The first information indicates information sending modes of N3 serving cells of the terminal device” – See [0190]; “the access network device to which the serving cell of the terminal device belongs” – See [0111]; The indication further identifies whether the serving cell operates with the LBT (clear channel assessment) mode);
instruct said served user equipment to report whether neighbouring cells are configured to operate with clear channel assessment (“the information sending mode includes a listen before talk LBT mode or a no-LBT mode” – See [0006]; “For a manner of obtaining the neighbor cell information by the access network device, refer to the following descriptions for understanding: The access network device may indicate the terminal device to measure and report an information sending mode of a historically measured neighbor cell, and the terminal device reports the information sending mode of the historically measured neighbor cell to the access network device” – See [0137]; The base station instructs the terminal to report the LBT mode for neighbor cells (i.e., whether the cells are configured to operate with clear channel assessment)).
Shen does not explicitly teach that said indication is encoded in at least one of: a VarMeasConfig variable of a message: a MeasObjectNR field associated with that neighbouring cell; or a SIB1.
However, Kim teaches that the indication is encoded in at least one of: a VarMeasConfig variable of a message: a MeasObjectNR field associated with that neighbouring cell; or a SIB1 (“For convenience, an LBT scheme that allows transmission without determining whether the channel is idle/busy is named LBT scheme A, and an LBT scheme that allows transmission only when the channel is determined to be idle is named LBT scheme B” – See [0180]; “In addition, the LBT scheme may be indicated by higher layer signaling (e.g., RRC signaling such as a MeasObjectNR information element (IE)) not only for a serving cell but also for a neighbor cell. For example, if LBT scheme A is indicated for a neighbor cell” – See [0184]; The indication that a neighbor cell operates without clear channel assessment is LBT scheme A, wherein transmission is allowed without first determining whether the channel is idle/busy. The indication that a neighbor cell operates with clear channel assessment is LBT scheme B, wherein transmission is only allowed after the channel is determined to be idle. The indication is includes in a MeasObjectNR IE (field)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shen such that the indication is encoded in at least one of: a VarMeasConfig variable of a message: a MeasObjectNR field associated with that neighbouring cell; or a SIB1. Motivation for doing so would be to enable the indication to be sent to the user equipment via UE-specific higher layer signaling (See Kim, [0257]).
Regarding Claim 2, Shen in view of Kim teaches the apparatus of Claim 1. Shen further teaches that said indication is further encoded in a field associated with that neighbouring cell (“If the terminal device is in connected state, the access network device may add, to a measurement object (MeasObject) in RRC measurement configuration (MeasConfig), a field indicating an information sending mode at the cell level. The cell level may correspond to one or more cells, and the one or more cells form a cell list. The measurement object specifically includes an indication of an information sending mode of each cell in the cell list, for example, denoted as channelaccessmode-CellsToAddMod-r17” – See [0146]; The indication is encoded in a field associated with the neighbor cell (e.g., channelaccessmode-CellsToAddMod-r17)).
Regarding Claim 3, Shen in view of Kim teaches the apparatus of Claim 1. Shen further teaches that said indication is encoded in one of: a list identifying neighbouring cells operating with clear channel assessment, wherein said list comprises a MeasObjectListCCA; or another list identifying neighbouring cells not operating with clear channel assessment, wherein said another list comprises a MeasObjectList (“If the terminal device is in connected state, the access network device may add, to a measurement object (MeasObject) in RRC measurement configuration (MeasConfig), a field indicating an information sending mode at the cell level. The cell level may correspond to one or more cells, and the one or more cells form a cell list. The measurement object specifically includes an indication of an information sending mode of each cell in the cell list” – See [0146]; The indication is encoded in a MeasObject list).
Regarding Claim 4, Shen in view of Kim teaches the apparatus of Claim 1. Shen further teaches that said indication further identifies: whether a network containing said at least one neighbouring cell operates with clear channel assessment or not (“Specifically, the access network device may determine, based on neighbor cell information (or referred to as a neighbor cell relationship) obtained before the first information is sent, content indicated by the first information. For example, the access network device finds, based on the obtained neighbor cell information, that information sending modes of all known neighbor cells on a frequency are an LBT mode. In this case, the access network device may determine to indicate, in the first information, that the information sending mode corresponding to the frequency is the LBT mode” – See [0136]; The indication identifies whether a network/neighbor cell operates with the LBT mode (clear channel assessment)).
Regarding Claim 5, Shen in view of Kim teaches the apparatus of Claim 4. Shen further teaches that said indication identifies that said network operates with clear channel assessment when at least one neighbouring cell operates with clear channel assessment (“the access network device finds, based on the obtained neighbor cell information, that information sending modes of all known neighbor cells on a frequency are an LBT mode. In this case, the access network device may determine to indicate, in the first information, that the information sending mode corresponding to the frequency is the LBT mode” – See [0136]; The indication identifies the LBT mode of the network/all neighboring cells when at least one of the neighboring cells operates with the LBT mode).
Claims 6-10 and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shen et al. (US 2025/0056613) in view of Niu et al. (US 2023/0337277) and Kim et al. (US 2024/0031110).
Regarding Claim 6, Shen teaches an apparatus comprising at least one processor; and at least one memory storing instructions that, when executed by the at least one processor (“The technical solutions provided in embodiments of this application may be fully or partially implemented through software, hardware, firmware, or any combination thereof. When the software is used to implement embodiments, all or a part of embodiments may be implemented in a form of a computer program product. The computer program product includes one or more computer instructions. When the computer program instructions are loaded and executed on a computer, the procedure or functions according to embodiments of this application are all or partially generated” – See [0240]), cause the apparatus at least to:
receive, at a user equipment from a serving base station, an indication of a clear channel assessment operation status for at least one neighbouring cell, wherein said indication identifies whether said at least one neighbouring cell operates with clear channel assessment or not (“the access network device may send information by using the serving cell of the terminal device, to directly or indirectly indicate whether the LBT mode is used in a part or all of neighbor cells to be measured by the terminal device” – See [0116]; “S502: An access network device sends first information to the terminal device. The first information indicates an information sending mode of a cell in at least one frequency range” – See [0135]; “Specifically, the access network device may determine, based on neighbor cell information (or referred to as a neighbor cell relationship) obtained before the first information is sent, content indicated by the first information. For example, the access network device finds, based on the obtained neighbor cell information, that information sending modes of all known neighbor cells on a frequency are an LBT mode. In this case, the access network device may determine to indicate, in the first information, that the information sending mode corresponding to the frequency is the LBT mode” – See [0136]; The terminal (user equipment) receives an indication of an LBT mode (clear channel assessment operation status) for a neighbor cell), and
wherein said indication identifies whether a serving cell supported by said serving base station operates with clear channel assessment or not (“The following provides examples of some message/signaling formats by using an example in which the value corresponding to the information sending mode at each level is represented as LBT or no-LBT” – See [0140]; “An access network device sends first information to the terminal device. The first information indicates information sending modes of N3 serving cells of the terminal device” – See [0190]; “the access network device to which the serving cell of the terminal device belongs” – See [0111]; The indication further identifies whether the serving cell operates with the LBT (clear channel assessment) mode).
Shen does not explicitly teach adopting a fixed neighboring cell measurement period when said indication identifies that said at least one neighboring cell does not operate with clear channel assessment.
However, Niu teaches adopting a fixed neighbouring cell measurement period when said indication identifies that said at least one neighbouring cell does not operate with clear channel assessment (“if short control signaling is enabled for RRM/mobility measurements or LBT is not enabled, the wireless device may determine to not extend the time over which RRM/mobility measurements are performed. e.g., as in such a scenario it may be the case that no reference signal transmissions are missed due to LBT” – See [0100]; The measurement time period is fixed (i.e., not extended) when LBT (clear channel assessment) is not enabled in the cell).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shen to adopt a fixed neighbouring cell measurement period when said indication identifies that said at least one neighbouring cell does not operate with clear channel assessment. Motivation for doing so would be to avoid extending the time over which measurements are performed since no reference signal transmissions are missed due to clear channel assessment. Thus, unnecessary additional measurements are avoided (See Niu, [0100]).
Shen does not explicitly teach that said indication is encoded in at least one of: a VarMeasConfig variable of a message: a MeasObjectNR field associated with that neighbouring cell; or a SIB1.
However, Kim teaches that the indication is encoded in at least one of: a VarMeasConfig variable of a message: a MeasObjectNR field associated with that neighbouring cell; or a SIB1 (“For convenience, an LBT scheme that allows transmission without determining whether the channel is idle/busy is named LBT scheme A, and an LBT scheme that allows transmission only when the channel is determined to be idle is named LBT scheme B” – See [0180]; “In addition, the LBT scheme may be indicated by higher layer signaling (e.g., RRC signaling such as a MeasObjectNR information element (IE)) not only for a serving cell but also for a neighbor cell. For example, if LBT scheme A is indicated for a neighbor cell” – See [0184]; The indication that a neighbor cell operates without clear channel assessment is LBT scheme A, wherein transmission is allowed without first determining whether the channel is idle/busy. The indication that a neighbor cell operates with clear channel assessment is LBT scheme B, wherein transmission is only allowed after the channel is determined to be idle. The indication is includes in a MeasObjectNR IE (field)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shen such that the indication is encoded in at least one of: a VarMeasConfig variable of a message: a MeasObjectNR field associated with that neighbouring cell; or a SIB1. Motivation for doing so would be to enable the indication to be sent to the user equipment via UE-specific higher layer signaling (See Kim, [0257]).
Regarding Claim 7, Shen in view of Niu and Kim teaches the apparatus of Claim 6. Shen further teaches that said indication is further encoded in a field associated with that neighbouring cell (“If the terminal device is in connected state, the access network device may add, to a measurement object (MeasObject) in RRC measurement configuration (MeasConfig), a field indicating an information sending mode at the cell level. The cell level may correspond to one or more cells, and the one or more cells form a cell list. The measurement object specifically includes an indication of an information sending mode of each cell in the cell list, for example, denoted as channelaccessmode-CellsToAddMod-r17” – See [0146]; The indication is encoded in a field associated with the neighbor cell (e.g., channelaccessmode-CellsToAddMod-r17)).
Regarding Claim 8, Shen in view of Niu and Kim teaches the apparatus of Claim 6. Shen further teaches that a list identifying neighbouring cells operating with clear channel assessment, wherein said list comprises a MeasObjectListCCA; or another list identifying neighbouring cells not operating with clear channel assessment, wherein said another list comprises a MeasObjectList (“If the terminal device is in connected state, the access network device may add, to a measurement object (MeasObject) in RRC measurement configuration (MeasConfig), a field indicating an information sending mode at the cell level. The cell level may correspond to one or more cells, and the one or more cells form a cell list. The measurement object specifically includes an indication of an information sending mode of each cell in the cell list” – See [0146]; The indication is encoded in a MeasObject list).
Regarding Claim 9, Shen in view of Niu and Kim teaches the apparatus of Claim 6. Shen further teaches that said indication further identifies: whether a network containing said at least one neighbouring cell operates with clear channel assessment (“Specifically, the access network device may determine, based on neighbor cell information (or referred to as a neighbor cell relationship) obtained before the first information is sent, content indicated by the first information. For example, the access network device finds, based on the obtained neighbor cell information, that information sending modes of all known neighbor cells on a frequency are an LBT mode. In this case, the access network device may determine to indicate, in the first information, that the information sending mode corresponding to the frequency is the LBT mode” – See [0136]; The indication identifies whether a network/neighbor cell operates with the LBT mode (clear channel assessment)).
Regarding Claim 10, Shen in view of Niu and Kim teaches the apparatus of Claim 9. Shen further teaches that said indication identifies that said network operates with clear channel assessment when at least one neighbouring cell operates with clear channel assessment (“the access network device finds, based on the obtained neighbor cell information, that information sending modes of all known neighbor cells on a frequency are an LBT mode. In this case, the access network device may determine to indicate, in the first information, that the information sending mode corresponding to the frequency is the LBT mode” – See [0136]; The indication identifies the LBT mode of the network/all neighboring cells when at least one of the neighboring cells operates with the LBT mode).
Regarding Claim 12, Shen in view of Niu and Kim teaches the apparatus of Claim 6. Niu further teaches that the apparatus further caused at least to: extend said neighbouring cell measurement period when said indication identifies that said at least one neighbouring cell operates with clear channel assessment (“if short control signaling is not enabled for RRM/mobility measurements and LBT is enabled, the wireless device may determine to extend the time over which RRM/mobility measurements are performed to account for any missed opportunities to perform RRM/mobility measurements because of missed reference signal transmissions due to LBT” – See [0100]; The measurement time period is extended when LBT (clear channel assessment) is enabled in the cell).
Regarding Claim 13, Shen in view of Niu and Kim teaches the apparatus of Claim 6. Niu further teaches that the apparatus further caused at least to: extend said neighbouring cell measurement period when said indication identifies that said at least one neighbouring cell operates with clear channel assessment and when said at least one neighbouring cell is subject to at least one clear channel assessment failure (“if short control signaling is not enabled for RRM/mobility measurements and LBT is enabled, the wireless device may determine to extend the time over which RRM/mobility measurements are performed to account for any missed opportunities to perform RRM/mobility measurements because of missed reference signal transmissions due to LBT” – See [0100]; “reference signal instance missed due to LBT” – See [0101]; The measurement time period is extended when LBT (clear channel assessment) is enabled in the cell, wherein the missed opportunities for reference signal transmission/measurement are due to the cell being subject to LBT failure).
Claim 14 is rejected based on reasoning similar to Claim 6.
Claim 15 is rejected based on reasoning similar to Claim 7.
Claim 16 is rejected based on reasoning similar to Claim 8.
Claim 17 is rejected based on reasoning similar to Claim 9.
Claim 18 is rejected based on reasoning similar to Claim 10.
Claim 19 is rejected based on reasoning similar to Claim 11 and 12.
Claim 20 is rejected based on reasoning similar to Claim 13.
Response to Arguments
On pages 9-12 of the remarks, Applicant argues in substance that Shen and Niu do not teach “said indication is encoded in at least one of: a VarMeasConfig variable of a message; a MeasObjectNR field associated with that neighbouring cell; or a SIB1,” as recited in independent claims 1, 6, and 14. Applicant’s arguments have been considered but are moot based on the new grounds of rejection. In response to the amended limitations, the Examiner relies upon the newly-cited Kim reference.
Conclusion
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/SCOTT M SCIACCA/ Primary Examiner, Art Unit 2478
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