Prosecution Insights
Last updated: April 25, 2026
Application No. 18/337,957

RANDOM ACCESS CHANNEL OCCASION SELECTION

Final Rejection §103
Filed
Jun 20, 2023
Examiner
SAMARA, LOUIS
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
94%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 94% — above average
94%
Career Allowance Rate
227 granted / 241 resolved
+36.2% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
23 currently pending
Career history
264
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
64.2%
+24.2% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 241 resolved cases

Office Action

§103
DETAILED ACTION 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/22/2026; the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Arguments Applicant’s arguments, see pages 9-14, filed 02/02/2026, with respect to the rejection(s) of claim(s) 1, 3-5, 8, 9, 12-14, 17, 18, 20-22, 25, 26, 29, and 30 under 35 U.S.C. § 103 over U.S. Patent Publication No. 2022/0201763 to Lee et al. ("Lee"), in view of U.S. Patent Publication No. 2023/0007702 to Park ("Park") have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20200015236-A1 to Kung. Applicant’s arguments, see pages 9-14, filed 02/02/2026, with respect to the rejection(s) of claim(s) 2, 11, 19, and 28 under 35 U.S.C. § 103 over Lee, in view of Park and U.S. Patent Publication No. 2022/0141879 to Cao et al. ("Cao") have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20200015236-A1 to Kung. Applicant’s arguments, see pages 9-14, filed 02/02/2026, with respect to the rejection(s) of claim(s) 6, 15, and 23 under 35 U.S.C. § 103 over Lee, in view of Park and U.S. Patent Publication No. 2023/0379901 to Wang et al. ("Wang") have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20200015236-A1 to Kung. Applicant’s arguments, see pages 9-14, filed 02/02/2026, with respect to the rejection(s) of claim(s) 7, 16, and 24 under 35 U.S.C. § 103 over Lee, in view of Park and U.S. Patent Publication No. 2023/0363016 to Lin et al. ("Lin") have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US-20200015236-A1 to Kung. 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 (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 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The factual inquiries 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(s) 1, 3-5, 8,9, 12-14, 17, 18, 20-22, 25, 26, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220201763 A1 to Lee et al., from hereon Lee in view of US-20230007702-A1 to Park and US-20200015236-A1 to Kung et al., from hereon Kung. Regarding claim 1 Lee teaches a user equipment (UE) for wireless communication, comprising (Fig. 1, P. 56, Lns. 1-3 discloses a user equipment and network entity also known as base station further described as the first wireless device 100 and the second wireless device 200 may transmit/receive wireless signals through various wireless access technologies (e.g., LTE, NR). Here, {first wireless device 100, second wireless device 200} may correspond to {wireless device 100x, base station 200} and/or {wireless device 100x, wireless device 100x} of FIGS. 30A and 30B): one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE to (P.57, The first wireless device 100 includes one or more processors 102 and one or more memories 104, and may further include one or more transceivers 106 and/or one or more antennas 108. The processor 102 controls the memory 104 and/or the transceiver 106 and may be configured to implement the descriptions, functions, procedures, suggestions, methods, and/or operational flow charts disclosed herein. For example, the processor 102 may process information in the memory 104 to generate first information/signal, and then transmit a wireless signal including the first information/signal through the transceiver 106; P. 56 further describes the elements of the wireless device (100) and second device (base station 200)): receive a downlink signal from a network entity (P.96 discloses the reception of downlink signal from a network entity… UE may receive downlink control information (DCI) through the PDCCH. Here, the DCI includes control information such as resource allocation information for the UE, and different formats may be applied depending on the purpose. Note: the specification also defines downlink information to include SSB, MIB, SIB, PSS, SSS, PBCH), but does not teach…the downlink signal associated with a set of available random access channel occasions, each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the network entity; and perform the random access procedure with the network entity using at least one random access channel occasion of the set of available random access channel occasions, the at least one random access channel occasion selected based at least in part on the downlink signal. Park teaches… the downlink signal associated with a set of available random access channel occasions (Fig. 13, P.283 discloses the operation where the UE receives random-access related configuration information; P. 284 further describes… The UE may receive system information (e.g., SIB1 or dedicate RRC signaling) including the random access-related configuration information via a cell search operation such as master information block (MIB) reception via a PBCH, downlink synchronization via an SSB; P288 further describes the signal associated with the set of available channel occasions described as the case that the UE is the first type of UE and a shared RO is configured, the UE may determine an optimal SSB (or CSI-RS) and may select a single RO among available ROs associated with the determined SSB (or CSI-RS) in operation 51360. All preamble indices of the selected RO may be configured as different preamble groups depending on the type of UE. The first type of UE may select a first preamble group (or group A and/or B). In operation 51362, the UE may (randomly) select a single preamble index from the selected preamble group), each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the network entity (P.294 discloses… the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380; P. 295 discloses… the UE may select one or more preamble indices from the selected preamble group. In the case that the repetition level is 2 or a higher value, two or more ROs may be selected, a single preamble group may be selected from each of the two or more ROs based on the type of UE ); and perform the random access procedure with the network entity using at least one random access channel occasion of the set of available random access channel occasions, (P.294 discloses… UE is the second type of UE, a separate RO is configured, and the repetition level delimiter type is set to a preamble group, the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Park because the method and device allow for the configuration by the base station to each configured SSB so that RO can be freely configured (Park, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Kung teaches… the at least one random access channel occasion selected based at least in part on the downlink signal (Fig, 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Kung because the method and device allow for the configuration by the base station a measured reference signal for downlink communication (Kung, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 3 Lee, Park, and Kung teach the UE of claim 1, Lee teaches…wherein the one or more processors are individually or collectively operable to execute the code to cause the UE to: select, based at least in part on the at least one random access channel occasion, a random access channel sequence from a set of available random access channel sequences(P.262, discloses the multiple preamble formats which are defined by one or more RACH symbols and P. 260 discloses the preamble sequence having two different lengths supported that are used for the configured subcarrier spacing).. Regarding claim 4 Lee, Park, and Kung teach the UE of claim 1, Lee teaches…wherein the one or more processors are individually or collectively operable to execute the code to cause the JE to: receive an indication of the set of available random access channel occasions and a threshold criteria associated with each random access channel occasion in the set of available random access channel occasions(P. 263 discloses and indication also described as the value configured by the network and RO available further described as threshold value of the SSB for RACH resource association may be configured by the network, and transmission or retransmission of the RACH preamble is performed based on the SSB in which the measured reference signal received power (RSRP) satisfies the threshold based on the SSB. For example, the UE may select one of the SSB(s) that satisfies the threshold, and transmit or retransmit the RACH preamble based on the RACH resource associated with the selected SSB. For example, upon retransmission of the RACH preamble, the UE may reselect one of the SSB(s) and retransmit the RACH preamble based on the RACH resource associated with the reselected SSB. That is, the RACH resource for retransmission of the RACH preamble may be the same as and/or different from the RACH resource for transmitting the RACH preamble). Regarding claim 5 Lee, Park, and Kung teach the UE of claim 4, Lee teaches…wherein the one or more processors are individually or collectively operable to execute the code to cause the UE to: identifying, base identify, based at least in part on the indication, a time index for each random access channel occasions occasion in the set of available random access channel occasions, a frequency shift associated with each time index, a random access procedure sequence length, or a combination thereof(P.282 and P. 296 disclose the indication of a time index in this case during downlink synchronization by detecting the SSB and identifying the structure based on the SSB index). Regarding claim 8 Lee, Park, and Kung teach the UE of claim 1, Lee teaches…wherein the downlink signal comprises at least one of a synchronization signal block (SSB) signal, a master information block (MIB) signal, a secondary information block (SIB) signal, a primary synchronization signal (PSS), a secondary synchronization signal (SSS), a physical broadcast channel (PBCH) signal, a previously received downlink signal from the network entity, a set of downlink signals received within a time interval, or a combination thereof(Fig. 18, P. 263).. Regarding claim 9 Lee teaches…a network entity for wireless communication, comprising (Fig. 1, P. 56, Lns. 1-3 discloses a user equipment and network entity also known as base station further described as the first wireless device 100 and the second wireless device 200 may transmit/receive wireless signals through various wireless access technologies (e.g., LTE, NR). Here, {first wireless device 100, second wireless device 200} may correspond to {wireless device 100x, base station 200} and/or {wireless device 100x, wireless device 100x} of FIGS. 30A and 30B): one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the network entity to(P.57, The first wireless device 100 includes one or more processors 102 and one or more memories 104, and may further include one or more transceivers 106 and/or one or more antennas 108. The processor 102 controls the memory 104 and/or the transceiver 106 and may be configured to implement the descriptions, functions, procedures, suggestions, methods, and/or operational flow charts disclosed herein. For example, the processor 102 may process information in the memory 104 to generate first information/signal, and then transmit a wireless signal including the first information/signal through the transceiver 106; P. 56 further describes the elements of the wireless device (100) and second device (base station 200)): transmit a downlink signal to a user equipment (UE) (P.102 discloses… A base station transmits a related signal to a UE through a downlink channel to be described later, and the UE receives the related signal from the base station through the downlink channel ), but does not teach…, the downlink signal associated with a set of available random access channel occasions, each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the UE; and perform the random access procedure with the UE using at least one random access channel occasion of the set of available random access channel occasions, the at least one random access channel occasion selected based at least in part on a received signal strength of the downlink signal at the UE. Park teaches… the downlink signal associated with a set of available random access channel occasions(Fig. 13, P.283 discloses the operation where the UE receives random-access related configuration information; P. 284 further describes… The UE may receive system information (e.g., SIB1 or dedicate RRC signaling) including the random access-related configuration information via a cell search operation such as master information block (MIB) reception via a PBCH, downlink synchronization via an SSB; P288 further describes the signal associated with the set of available channel occasions described as the case that the UE is the first type of UE and a shared RO is configured, the UE may determine an optimal SSB (or CSI-RS) and may select a single RO among available ROs associated with the determined SSB (or CSI-RS) in operation 51360. All preamble indices of the selected RO may be configured as different preamble groups depending on the type of UE. The first type of UE may select a first preamble group (or group A and/or B). In operation 51362, the UE may (randomly) select a single preamble index from the selected preamble group), each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the UE (P.294 discloses… the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380; P. 295 discloses… the UE may select one or more preamble indices from the selected preamble group; P.9, discloses..a method of performing random access by a user equipment (UE) in a wireless communication system according to an aspect of the disclosure may include an operation of receiving random access-related configuration information from a base station, an operation of determining at least one of a RACH occasion (RO) group related to random access preamble transmission, one or more ROs, and a random access preamble group based on at least one of the random access-related configuration information ); and perform the random access procedure with the UE using at least one random access channel occasion of the set of available random access channel occasions, (P.118 discloses the base station is able to optimized transmission and utilization of resources after the random access process…he base station is capable of identifying an RC UE in advance by distinguishing the same from a normal UE (e.g., a Rel-15 and/or Rel-16 UE (or an eMBB, URLLC, and/or wideband UE)), the base station may be capable of optimizing utilization of resources for base station-UE transmission and reception after the random access process, and may also secure the reliability of reception and coverage of the RC UE; P.294 discloses… UE is the second type of UE, a separate RO is configured, and the repetition level delimiter type is set to a preamble group, the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Park because the method and device allow for the configuration by the base station to each configured SSB so that RO can be freely configured (Park, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Kung teaches…the at least one random access channel occasion selected based at least in part on a received signal strength of the downlink signal at the UE signal (Fig, 14. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Kung because the method and device allow for the configuration by the base station a measured reference signal for downlink communication (Kung, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 12 Lee, Park, and Kung teach the network entity of claim 9, Lee teaches…wherein the one or more processors are individually or collectively operable to execute the code to cause the network entity to: perform, based at least in part on the at least one random access channel occasion, the random access procedure with the UE using a random access channel sequence from a set of available random access channel sequences(P.262, discloses the multiple preamble formats which are defined by one or more RACH symbols and P. 260 discloses the preamble sequence having two different lengths supported that are used for the configured subcarrier spacing)... Regarding claim 13 Lee, Park, and Kung teach the network entity of claim 9, Lee teaches…wherein the one or more processors are individually or collectively operable to execute the code to cause the network entity to: transmit an indication of the set of available random access channel occasions and a threshold criteria associated with each random access channel occasion in the set of available random access channel occasions(P. 263 discloses and indication also described as the value configured by the network and RO available further described as threshold value of the SSB for RACH resource association may be configured by the network, and transmission or retransmission of the RACH preamble is performed based on the SSB in which the measured reference signal received power (RSRP) satisfies the threshold based on the SSB. For example, the UE may select one of the SSB(s) that satisfies the threshold, and transmit or retransmit the RACH preamble based on the RACH resource associated with the selected SSB. For example, upon retransmission of the RACH preamble, the UE may reselect one of the SSB(s) and retransmit the RACH preamble based on the RACH resource associated with the reselected SSB. That is, the RACH resource for retransmission of the RACH preamble may be the same as and/or different from the RACH resource for transmitting the RACH preamble). Regarding claim 14 Lee, Park, and Kung teach the network entity of claim 13, Lee teaches…wherein the indication identifies a time index for each random access channel occasions in the set of available random access channel occasions, a frequency shift associated with each time index, a random access procedure sequence length, or a combination thereof(P.282 and P. 296 disclose the indication of a time index in this case during downlink synchronization by detecting the SSB and identifying the structure based on the SSB index). Regarding claim 17 Lee, Park, and Kung teach the network entity of claim 9, Lee teaches…wherein the downlink signal comprises at least one of a synchronization signal block (SSB) signal, a master information block (MIB) signal, a secondary information block (SIB) signal, a primary synchronization signal (PSS), a secondary synchronization signal (SSS), a physical broadcast channel (PBCH) signal, a previously received downlink signal from the network entity, a set of downlink signals received within a time interval, or a combination thereof(Fig. 18, P.263 ). Regarding claim 18 Lee teaches…a method for wireless communications by a user equipment (UE), comprising(P. 12 discloses the method for a UE and Network entity Fig. 1, P. 56, Lns. 1-3 discloses a user equipment and network entity also known as base station further described as the first wireless device 100 and the second wireless device 200 may transmit/receive wireless signals through various wireless access technologies (e.g., LTE, NR). Here, {first wireless device 100, second wireless device 200} may correspond to {wireless device 100x, base station 200} and/or {wireless device 100x, wireless device 100x} of FIGS. 30A and 30B): receiving a downlink signal from a network entity(P.96 discloses the reception of downlink signal from a network entity… UE may receive downlink control information (DCI) through the PDCCH. Here, the DCI includes control information such as resource allocation information for the UE, and different formats may be applied depending on the purpose. Note: the specification also defines downlink information to include SSB, MIB, SIB, PSS, SSS, PBCH), but does not teach…the downlink signal associated with a set of available random access channel occasions, each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the network entity; and performing the random access procedure with the network entity using at least one random access channel occasion of the set of available random access channel occasions, the at least one random access channel occasion selected based at least in part on a received signal strength of the downlink signal. Park teaches… the downlink signal associated with a set of available random access channel occasions(Fig. 13, P.283 discloses the operation where the UE receives random-access related configuration information; P. 284 further describes… The UE may receive system information (e.g., SIB1 or dedicate RRC signaling) including the random access-related configuration information via a cell search operation such as master information block (MIB) reception via a PBCH, downlink synchronization via an SSB; P288 further describes the signal associated with the set of available channel occasions described as the case that the UE is the first type of UE and a shared RO is configured, the UE may determine an optimal SSB (or CSI-RS) and may select a single RO among available ROs associated with the determined SSB (or CSI-RS) in operation 51360. All preamble indices of the selected RO may be configured as different preamble groups depending on the type of UE. The first type of UE may select a first preamble group (or group A and/or B). In operation 51362, the UE may (randomly) select a single preamble index from the selected preamble group), each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the network entity(P.294 discloses… the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380; P. 295 discloses… the UE may select one or more preamble indices from the selected preamble group. In the case that the repetition level is 2 or a higher value, two or more ROs may be selected, a single preamble group may be selected from each of the two or more ROs based on the type of UE ); and performing the random access procedure with the network entity using at least one random access channel occasion of the set of available random access channel occasions, (P.294 discloses… UE is the second type of UE, a separate RO is configured, and the repetition level delimiter type is set to a preamble group, the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Park because the method and device allow for the configuration by the base station to each configured SSB so that RO can be freely configured (Park, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Kung teaches…and performing the random access procedure with the network entity using at least one random access channel occasion of the set of available random access channel(Fig, 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Kung because the method and device allow for the configuration by the base station a measured reference signal for downlink communication (Kung, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 20 Lee, Park, and Kung teach the method of claim 18, Lee teaches…further comprising: selecting, based at least in part on the at least one random access channel occasion, a random access channel sequence from a set of available random access channel sequences(P.262, discloses the multiple preamble formats which are defined by one or more RACH symbols and P. 260 discloses the preamble sequence having two different lengths supported that are used for the configured subcarrier spacing). Regarding claim 21 Lee, Park, and Kung teach the method of claim 18, Lee teaches…further comprising: receiving an indication of the set of available random access channel occasions and a threshold criteria associated with each random access channel occasion in the set of available random access channel occasions(P. 263 discloses and indication also described as the value configured by the network and RO available further described as threshold value of the SSB for RACH resource association may be configured by the network, and transmission or retransmission of the RACH preamble is performed based on the SSB in which the measured reference signal received power (RSRP) satisfies the threshold based on the SSB. For example, the UE may select one of the SSB(s) that satisfies the threshold, and transmit or retransmit the RACH preamble based on the RACH resource associated with the selected SSB. For example, upon retransmission of the RACH preamble, the UE may reselect one of the SSB(s) and retransmit the RACH preamble based on the RACH resource associated with the reselected SSB. That is, the RACH resource for retransmission of the RACH preamble may be the same as and/or different from the RACH resource for transmitting the RACH preamble). Regarding claim 22 Lee, Park, and Kung teach the method of claim 21, Lee teaches…further comprising: identifying, based at least in part on the indication, a time index for each random access channel occasions occasion in the set of available random access channel occasions, a frequency shift associated with each time index, a random access procedure sequence length, or a combination thereof(P.282 and P. 296 disclose the indication of a time index in this case during downlink synchronization by detecting the SSB and identifying the structure based on the SSB index). Regarding claim 25 Lee, Park, and Kung teach the method of claim 18, Lee teaches… wherein the downlink signal comprises at least one of a synchronization signal block (SSB) signal, a master information block (MIB) signal, a secondary information block (SIB) signal, a primary synchronization signal (PSS), a secondary synchronization signal (SSS), a physical broadcast channel (PBCH) signal, a previously received downlink signal from the network entity, a set of downlink signals received within a time interval, or a combination thereof(Fig. 18, P. 263)... Regarding claim 26 Lee teaches…a method for wireless communications by a network entity, comprising: (P. 12 discloses the method for a UE and Network entity Fig. 1, P. 56, Lns. 1-3 discloses a user equipment and network entity also known as base station further described as the first wireless device 100 and the second wireless device 200 may transmit/receive wireless signals through various wireless access technologies (e.g., LTE, NR). Here, {first wireless device 100, second wireless device 200} may correspond to {wireless device 100x, base station 200} and/or {wireless device 100x, wireless device 100x} of FIGS. 30A and 30B): transmitting a downlink signal to a user equipment (UE) (P.102 discloses… A base station transmits a related signal to a UE through a downlink channel to be described later, and the UE receives the related signal from the base station through the downlink channel ), but does not teach…the downlink signal associated with a set of available random access channel occasions, each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the UE; and performing the random access procedure with the UE using at least one random access channel occasion of the set of available random access channel occasions, the at least one random access channel occasion selected based at least in part on a received signal strength of the downlink signal at the UE. Park teaches… the downlink signal associated with a set of available random access channel occasions(Fig. 13, P.283 discloses the operation where the UE receives random-access related configuration information; P. 284 further describes… The UE may receive system information (e.g., SIB1 or dedicate RRC signaling) including the random access-related configuration information via a cell search operation such as master information block (MIB) reception via a PBCH, downlink synchronization via an SSB; P288 further describes the signal associated with the set of available channel occasions described as the case that the UE is the first type of UE and a shared RO is configured, the UE may determine an optimal SSB (or CSI-RS) and may select a single RO among available ROs associated with the determined SSB (or CSI-RS) in operation 51360. All preamble indices of the selected RO may be configured as different preamble groups depending on the type of UE. The first type of UE may select a first preamble group (or group A and/or B). In operation 51362, the UE may (randomly) select a single preamble index from the selected preamble group), each random access channel occasion in the set of available random access channel occasions defining a resource set available for a random access procedure with the UE (P.294 discloses… the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380; P. 295 discloses… the UE may select one or more preamble indices from the selected preamble group; P.9, discloses..a method of performing random access by a user equipment (UE) in a wireless communication system according to an aspect of the disclosure may include an operation of receiving random access-related configuration information from a base station, an operation of determining at least one of a RACH occasion (RO) group related to random access preamble transmission, one or more ROs, and a random access preamble group based on at least one of the random access-related configuration information ) and performing the random access procedure with the UE using at least one random access channel occasion of the set of available random access channel occasions, (P.118 discloses the base station is able to optimized transmission and utilization of resources after the random access process…he base station is capable of identifying an RC UE in advance by distinguishing the same from a normal UE (e.g., a Rel-15 and/or Rel-16 UE (or an eMBB, URLLC, and/or wideband UE)), the base station may be capable of optimizing utilization of resources for base station-UE transmission and reception after the random access process, and may also secure the reliability of reception and coverage of the RC UE; P.294 discloses… UE is the second type of UE, a separate RO is configured, and the repetition level delimiter type is set to a preamble group, the UE may determine an optimal SSB (or CSI-RS), and may select one or more ROs among available ROs associated with the determined SSB (or CSI-RS) in operation 51380). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Park because the method and device allow for the configuration by the base station to each configured SSB so that RO can be freely configured (Park, Lns. 42-44). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Kung teaches… the at least one random access channel occasion selected based at least in part on the downlink signal(Fig, 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee by incorporating the teachings of Kung because the method and device allow for the configuration by the base station a measured reference signal for downlink communication (Kung, Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 29 Lee, Park, and Kung teach the method of claim 26, Lee teaches…further comprising: performing, based at least in part on the at least one random access channel occasion, the random access procedure with the UE using a random access channel sequence from a set of available random access channel sequences(P. 263 discloses and indication also described as the value configured by the network and RO available further described as threshold value of the SSB for RACH resource association may be configured by the network, and transmission or retransmission of the RACH preamble is performed based on the SSB in which the measured reference signal received power (RSRP) satisfies the threshold based on the SSB. For example, the UE may select one of the SSB(s) that satisfies the threshold, and transmit or retransmit the RACH preamble based on the RACH resource associated with the selected SSB. For example, upon retransmission of the RACH preamble, the UE may reselect one of the SSB(s) and retransmit the RACH preamble based on the RACH resource associated with the reselected SSB. That is, the RACH resource for retransmission of the RACH preamble may be the same as and/or different from the RACH resource for transmitting the RACH preamble)... Regarding claim 30 Lee, Park, and Kung teach the method of claim 26, Lee teaches… further comprising: transmitting an indication of the set of available random access channel occasions and a threshold criteria associated with each random access channel occasion in the set of available random access channel occasions(P.282 and P. 296 disclose the indication of a time index in this case during downlink synchronization by detecting the SSB and identifying the structure based on the SSB index).. Claim(s) 2, 11, 19, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220201763 A1 to Lee et al., from hereon Lee, US-20230007702-A1 to Park, and US-20200015236-A1 to Kung et al., from hereon Kung in view of US-20220141879-A1 to Cao et al., from hereon Cao. Regarding claim 2 Lee, Park, and Kung teach the UE of claim 1, wherein the one or more processors are individually or collectively operable to execute the code to cause the UE to: but do not teach…select the at least one random access channel occasion from the set of available random access channel occasions based at least in part on the received signal strength of the downlink signal. Cao teaches…select the at least one random access channel occasion from the set of available random access channel occasions based at least in part on a received signal strength of the downlink signal (P.99 and P. 56 disclose the selection based on received signal strength which is a quality measurement of the channel, control, and data as further discloses… the RACH occasion manager 725 may select the random-access channel occasion from the set of random-access channel occasion configurations based on a content or quantity of the data or control information to be transmitted as part of the two-step random-access procedure; P. 56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Cao because the method and device allow for the configuration via the two step random-access message that carries information such as timing, power control parameters, uplink, downlink grant, information for contention resolution and their combination (Cao, P.124). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 11 Lee, Park, and Kung teach the network entity of claim 9, but do not teach…wherein each random access channel occasion from the set of available random access channel occasions associated with a respective received signal strength of the downlink signal at the UE. Cao teaches… wherein each random access channel occasion from the set of available random access channel occasions are associated with a received signal strength of the downlink signal at the UE(P.99 and P. 56 disclose the selection based on received signal strength which is a quality measurement of the channel, control, and data as further discloses… the RACH occasion manager 725 may select the random-access channel occasion from the set of random-access channel occasion configurations based on a content or quantity of the data or control information to be transmitted as part of the two-step random-access procedure; P. 56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Cao because the method and device allow for the configuration via the two step random-access message that carries information such as timing, power control parameters, uplink, downlink grant, information for contention resolution and their combination (Cao, P.124). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 19 Lee, Park, and Kung teach the method of claim 18, but do not teach…further comprising: selecting the at least one random access channel occasion from the set of available random access channel occasions based at least in part on [[a]]the received signal strength of the downlink signal. Cao teaches… selecting the at least one random access channel occasion from the set of available random access channel occasions based at least in part on a received signal strength of the downlink signal(P.99 and P. 56 disclose the selection based on received signal strength which is a quality measurement of the channel, control, and data as further discloses… the RACH occasion manager 725 may select the random-access channel occasion from the set of random-access channel occasion configurations based on a content or quantity of the data or control information to be transmitted as part of the two-step random-access procedure; P. 56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Cao because the method and device allow for the configuration via the two step random-access message that carries information such as timing, power control parameters, uplink, downlink grant, information for contention resolution and their combination (Cao, P.124). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 28 Lee, Park, and Kung teach the method of claim 26, do not teach…wherein each random access channel occasion from the set of available random access channel occasions are associated with a respective received signal strength of the downlink signal at the UE. Cao teaches… wherein each random access channel occasion from the set of available random access channel occasions are associated with a received signal strength of the downlink signal at the UE (P.99 and P. 56 disclose the selection based on received signal strength which is a quality measurement of the channel, control, and data as further discloses… the RACH occasion manager 725 may select the random-access channel occasion from the set of random-access channel occasion configurations based on a content or quantity of the data or control information to be transmitted as part of the two-step random-access procedure; P. 56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Cao because the method and device allow for the configuration via the two step random-access message that carries information such as timing, power control parameters, uplink, downlink grant, information for contention resolution and their combination (Cao, P.124). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Claim(s) 6, 15, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220201763 A1 to Lee et al., from hereon Lee, US-20230007702-A1 to Park, and US-20200015236-A1 to Kung et al., from hereon Kung in view of US-20230379901-A1 to Wang et al., from hereon Wang. Regarding claim 6 Lee, Park, and Kung teach the UE of claim 1, wherein to perform the random access procedure using the at least one random access channel occasion the one or more processors are individually or collectively further operable to execute the code to cause the UE to: but do not teach… backscatter a continuous waveform signal received from the network entity via the resource set defined by the at least one random access channel occasion, wherein the backscatter is based at least in part on the continuous waveform signal. Wang teaches… backscatter a continuous waveform signal received from the network entity via the resource set defined by the at least one random access channel occasion, wherein the backscatter is based at least in part on the continuous waveform signal (Fig. 7, P.82 discloses the usage of a main radio and backscatter radio (BR) in the UE , where the network device advices of the support for backscattering radio for transmission of MIB/SIB and the UE determines transmission opportunities as described in P.62 and P. 84 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Cao because the method and device allow for the configuration of backscatter communication in UEs that support such communication that harvest the energy from continuous waveform signal (Wang, P. 77). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 15 Lee, Park, and Kung teach the network entity of claim 9, wherein to perform the random access procedure using the at least one random access channel occasion the one or more processors are individually or collectively operable to execute the code to cause the network entity to: but do not teach…receive a backscattered continuous waveform signal from the UE via the resource set defined by the at least one random access channel occasion. Wang teaches… receive a backscattered continuous waveform signal from the UE via the resource set defined by the at least one random access channel occasion (P. 5, and P. 84 disclose the reception of continuous waveform signal as described in P. 5 receive a backscattered continuous waveform signal from the UE via the resource set defined by the at least one random access channel occasion; P. 62 and 84 further describe the reception on a random access channel occasion… radio and backscatter radio (BR) in the UE , where the network device advices of the support for backscattering radio for transmission of MIB/SIB and the UE determines transmission opportunities). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Cao because the method and device allow for the configuration of backscatter communication in UEs that support such communication that harvest the energy from continuous waveform signal (Wang, P. 77). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 23 Lee, Park, and Kung teach the method of claim 18, wherein performing the random access procedure using the at least one random access channel occasion comprises: but do not teach…backscattering a continuous waveform signal received from the network entity via the resource set defined by the at least one random access channel occasion, wherein the backscattering is based at least in part on the continuous waveform signal. Wang teaches… backscattering a continuous waveform signal received from the network entity via the resource set defined by the at least one random access channel occasion, wherein the backscattering is based at least in part on the continuous waveform signal(Fig. 7, P.82 discloses the usage of a main radio and backscatter radio (BR) in the UE , where the network device advices of the support for backscattering radio for transmission of MIB/SIB and the UE determines transmission opportunities as described in P.62 and P. 84 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Cao because the method and device allow for the configuration of backscatter communication in UEs that support such communication that harvest the energy from continuous waveform signal (Wang, P. 77). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Claim(s) 7, 16, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220201763 A1 to Lee et al., from hereon Lee, US-20230007702-A1 to Park, and US-20200015236-A1 to Kung et al., from hereon Kung in view of US-20230363016-A1 to Lin et al., from hereon Lin. Regarding claim 7 Lee, Park, and Kung teach the UE of claim 1, but do not teach…wherein the resource set defined by the at least one random access channel occasion comprises a frequency resource, a time resource, or both, that are different than corresponding resource sets defined by a subset of remaining random access channel occasions of the set of available random access channel occasions. Lin teaches… wherein the resource set defined by the at least one random access channel occasion comprises a frequency resource, a time resource, or both, that are different than corresponding resource sets defined by a subset of remaining random access channel occasions of the set of available random access channel occasions (P.184 discloses…. the second set of time resources are at least partly different from the first set of time resources in time domain and/or the second set of frequency resources are at least partly different from the first set of frequency resources in frequency domain. That is, the time resources and/or frequency resources for transmitting a RACH preamble according to the two-step random access procedure are configured separately from those for four-step random access procedure; note the subset is interpreted as the remaining occasions available). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Lin because the method and device allow for the configuration of RACH in first and second resources for transmission (Lin,Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 16 Lee, Park, and Kung teach the network entity of claim 9, but do not teach…wherein the resource set defined by the at least one random access channel occasion comprises a frequency resource, a time resource, or both, that are different than corresponding resource sets defined by a subset of remaining random access channel occasions of the set of available random access channel occasions. Lin teaches… wherein the resource set defined by the at least one random access channel occasion comprises a frequency resource, a time resource, or both, that are different than corresponding resource sets defined by a subset of remaining random access channel occasions of the set of available random access channel occasions (P.184 discloses…. the second set of time resources are at least partly different from the first set of time resources in time domain and/or the second set of frequency resources are at least partly different from the first set of frequency resources in frequency domain. That is, the time resources and/or frequency resources for transmitting a RACH preamble according to the two-step random access procedure are configured separately from those for four-step random access procedure; note the subset is interpreted as the remaining occasions available). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Lin because the method and device allow for the configuration of RACH in first and second resources for transmission (Lin,Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Regarding claim 24 Lee, Park, and Kung teach the method of claim 18, wherein the resource set defined by the at least one random access channel occasion comprises a frequency resource, a time resource, or both, that are different than corresponding resource sets defined by a subset of remaining random access channel occasions of the set of available random access channel occasions. Lin teaches… wherein the resource set defined by the at least one random access channel occasion comprises a frequency resource, a time resource, or both, that are different than corresponding resource sets defined by a subset of remaining random access channel occasions of the set of available random access channel occasions(P.184 discloses…. the second set of time resources are at least partly different from the first set of time resources in time domain and/or the second set of frequency resources are at least partly different from the first set of frequency resources in frequency domain. That is, the time resources and/or frequency resources for transmitting a RACH preamble according to the two-step random access procedure are configured separately from those for four-step random access procedure; note the subset is interpreted as the remaining occasions available). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Lee, Park, and Kung by incorporating the teachings of Lin because the method and device allow for the configuration of RACH in first and second resources for transmission (Lin,Abs). The motivation is that by applying a well-known standard or protocol or machine to a system provides the system with significantly improved industrial applicability due to dynamic configuration/indication of resources. Allowable Subject Matter Claims 10 and 27 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. The following is a statement of reasons for the indication of allowable subject matter: The main reason for objecting of the claims under discussion is the inclusion of "wherein the one or more processors are individually or collectively operable to execute the code to cause the network entity to: select the resource set defined by each random access channel occasion independent form including all of the limitations of the base claim and any intervening claims. is based at least in part on a UE distribution pattern for a set of UE located proximate to the network entity" and "selecting the resource set defined by each random access channel occasion is based at least in part on a UE distribution pattern for a set of UE located proximate to the network entity." as the prior art of record in stand-alone form nor in combination read into the disclosed claims as supported by the specification. Furthermore, the closest prior art such as US-20230124072-A1 to Zhou, WO202125333-A1 to Kim, as US-11089632-B2 to Pan they disclose the indication and selection of random access channel occasion but they are silent on the selection of these occasions based on the UE distribution for a set of UE located proximate to the network entity. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: US-20230124072-A1 to Zhou, WO202125333-A1 to Kim, US-11089632-B2 to Pan. THIS ACTION IS MADE FINAL. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS SAMARA whose telephone number is (408)918-7582. The examiner can normally be reached Monday - Friday 6-3 PT. 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 supervisor, Ayaz Sheikh can be reached at 571-272-3795. 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. /L.S./Examiner, Art Unit 2476 /PHIRIN SAM/Primary Examiner, Art Unit 2476
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Prosecution Timeline

Jun 20, 2023
Application Filed
Nov 11, 2025
Non-Final Rejection — §103
Feb 02, 2026
Response Filed
Apr 03, 2026
Final Rejection — §103 (current)

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