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 .
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 1-7, 9, 10, 15, 17 and 19-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kusashima et al (US 2024/0334489, hereinafter Kusahima), in view of Fan et al (US 2021/0385863, hereinafter Fan), in view of Awadin et al (US 2022/0377790, hereinafter Awadin) and in view of Eyuboglu et al (US 11,375,527, hereinafter Eyuboglu).
Regarding claim 1, Kusashima discloses an electronic device (UE, Fig. 18), comprising: an antenna node configured to communicatively couple to an antenna (antenna, Fig. 18); and an interface circuit, communicatively coupled to the antenna node (wireless interface, Fig. 18), configured to communicate with a second electronic device, wherein the interface circuit is configured to: receive, associated with the second electronic device, a frame comprising an indication that the second electronic device uses a frame-based equipment (FBE) channel access technique and attributes of the FBE channel access technique (BS notifies the terminal that FBE will be used and includes setting information, Para [0192], setting information indicates channel access scheme to be used, Para [0136]), wherein the attributes comprise a duration of the FBE channel access technique and a fixed frame period (FFP) for communication during the FBE channel access technique (fixed frame period is defined in FBE, Para [0057] and what predetermined period (i.e. duration) the FBE is to be used for, Para [0144]); selectively ceasing, based at least in part on the indication or the attributes, use of a contention-based channel access technique (switching between LBE and FBE to be used as channel access scheme, Para [0063], where a contention window is set for LBE, Para [0059], FBE is used at certain times, where LBE is used in other periods, Para [0183], terminal uses FBE in a period indicated by setting information and uses LBE during a time other than that period, Para [0144], therefore FBE channel access scheme is ceased outside the period indicated); but does not explicitly disclose wherein the frame is compatible with an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard. Fan discloses the network device can determine what channel access type to use, to harmoniously coexist with another system, if the Wi-Fi system uses FBE mechanism then the terminal device can use the FBE mechanism, Para [0099], where Wi-Fi is known to be based on IEEE 802.11. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Fan in the system of Kusashima in order to improve coexistence with other systems and fairly contend for the unlicensed band; and does not explicitly disclose wherein the indication changes dynamically and is associated with predicted utilization of an upcoming FFP. Awadin discloses gNB can indicate operation mode the UE should use, Para [0045], operating in FBE is advantageous in light to medium traffic and LBE is better when traffic load is high, Para [0043], the gNB can switch between modes accordingly, since traffic load is dynamic, the advantageous mode will dynamic change as well. Eyuboglu discloses MNC predicts data demand in a future time interval and can use deep learning to do it, C: 136 R: 51-59 and MNC presents itself as a gNB, C: 54 R: 32-33. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Awadin and Eyuboglu in the system of Kusashima in view of Fan in order to achieve better channel utilization or reduce channel access overhead as necessary and in order to meet future demand of data thereby improving user experience.
Regarding claims 2, 21 and 22, Kusashima discloses the electronic device/medium/method of claim 1/19/20, wherein, in response to receiving the indication, the interface circuit is configured to immediately cease use of a contention-based channel access technique or postpone use of the contention-based channel access technique until a subsequent communication or until expiration of a time interval (the terminal uses FBE in a predetermined period and uses LBE during a time outside the predetermined period, meaning there is an expiration of the FBE period, Para [0144]).
Regarding claim 3, Kusashima discloses the electronic device of claim 1, wherein, in response to receiving the indication, the interface circuit is configured to cease, after a time interval, use of a contention-based channel access technique (the terminal uses FBE in a predetermined period and channel access schemes are switched in accordance with a time, Para [0144], therefore LBE can be used for a duration until the predetermined period occurs).
Regarding claim 4, Kusashima The electronic device of claim 1, wherein, when the attributes indicate an end time for use of the FBE channel access technique, the interface circuit is configured to: cease, in accordance with the end time, use of the FBE channel access technique; and enable, in accordance with the end time, use of an enhanced distributed channel access (EDCA) technique or another contention-based channel access technique. (the terminal uses FBE in a predetermined period and uses LBE during a time outside the predetermined period, meaning there is an expiration of the FBE period, Para [0144]).
Regarding claim 5, Kusashima discloses the electronic device of claim 1, wherein the frame comprises a beacon frame or another type of management frame (obvious variation to one of ordinary skill the message could be a beacon or management frame).
Regarding claim 6, Kusashima discloses the electronic device of claim 1, wherein the interface circuit is configured to receive a second frame associated with the second electronic device during an instance of the FFP (transmission is performed during a COT within the FFP, Para [0054], in this case the second device transmits to the electronic device).
Regarding claim 7, Kusashima discloses the electronic device of claim 6, wherein, after receiving the second frame, the interface circuit is configured to provide, addressed to the second electronic device, an acknowledgment or a block acknowledgement during a remainder of the instance of the FFP (Kusashima discloses an ACK response to a transmission from a device during a COT, Para [0104] and Fan discloses UL transmission following a DL transmission in the COT, Fig. 14, therefore the UE can response to DL with an ACK in the same FFP).
Regarding claim 9, Kusashima discloses the electronic device of claim 6, wherein the second frame comprises a trigger frame and the interface circuit is configured to provide, after the trigger frame and addressed to the second electronic device, a third frame during the remainder of the instance of the FFP. Fan discloses UL transmission following a DL transmission in the COT, Fig. 14, obvious variation to one of ordinary skill the DL transmission includes a trigger frame.
Regarding claim 10, Kusashima discloses the electronic device of claim 6, wherein the second frame comprises a beacon frame during an instance of the FFP that indicates one or more intended recipients of one or more subsequent third frames transmitted during the instance of the FFP and the one or more intended recipients comprise the electronic device. Fan discloses UL transmission following a DL transmission in the COT, Fig. 14, obvious variation to one of ordinary skill the DL transmission includes a beacon frame.
Regarding claim 15, Kusashima discloses the electronic device of claim 1, wherein the interface circuit is configured to: receive, associated with the second electronic device, a data frame having a field comprising the indication that the second electronic device uses the FBE channel access technique and the attributes of the FBE channel access technique, and wherein the data frame is compatible with the IEEE 802.11 standard. Kusashima discloses BS notifies the terminal that FBE will be used and includes setting information, Para [0192], setting information indicates channel access scheme to be used, Para [0136] and Fan discloses the network device can determine what channel access type to use, to harmoniously coexist with another system, if the Wi-Fi system uses FBE mechanism then the terminal device can use the FBE mechanism, Para [0099], where Wi-Fi is known to be based on IEEE 802.11, obvious variation the frame is a data frame.
Regarding claim 17, Kusashima discloses the electronic device of claim 1, wherein the interface circuit is configured to receive, during an instance of the FFP, a second frame associated with the second electronic device and the second frame indicating that the electronic device is allowed to contend for a channel during the instance of the FFP using a contention-based channel access technique. Fan discloses BS can transmit DL to the UE during the FFP and the UE will perform channel sensing and if it succeeds transmit UL signal during the FPP, Fig. 15.
Regarding claim 19, Kusashima discloses a non-transitory computer-readable storage medium (program causing computer to run, Para [0269]) for use in conjunction with an electronic device, the computer-readable storage medium storing program instructions that, when executed by the electronic device, cause the electronic device to perform operations comprising: receiving, associated with a second electronic device, a frame comprising an indication that the second electronic device uses a frame-based equipment (FBE) channel access technique and attributes of the FBE channel access technique (BS notifies the terminal that FBE will be used and includes setting information, Para [0192], setting information indicates channel access scheme to be used, Para [0136]), wherein the attributes comprise a duration of the FBE channel access technique and a fixed frame period (FFP) for communication during the FBE channel access technique (fixed frame period is defined in FBE, Para [0057] and what predetermined period (i.e. duration) the FBE is to be used for, Para [0144]); and selectively ceasing, based at least in part on the indication or the attributes, use of a contention-based channel access technique (switching between LBE and FBE to be used as channel access scheme, Para [0063], where a contention window is set for LBE, Para [0059], FBE is used at certain times, where LBE is used in other periods, Para [0183]); but does not explicitly disclose wherein the frame is compatible with an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard. Fan discloses the network device can determine what channel access type to use, to harmoniously coexist with another system, if the Wi-Fi system uses FBE mechanism then the terminal device can use the FBE mechanism, Para [0099], where Wi-Fi is known to be based on IEEE 802.11. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Fan in the system of Kusashima in order to improve coexistence with other systems and fairly contend for the unlicensed band; and does not explicitly disclose wherein the indication changes dynamically and is associated with predicted utilization of upcoming FFP. Awadin discloses gNB can indicate operation mode the UE should use, Para [0045], operating in FBE is advantageous in light to medium traffic and LBE is better when traffic load is high, Para [0043], the gNB can switch between modes accordingly, since traffic load is dynamic, the advantageous mode will dynamic change as well. Eyuboglu discloses MNC predicts data demand in a future time interval and can use deep learning to do it, C: 136 R: 51-59 and MNC presents itself as a gNB, C: 54 R: 32-33. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Awadin and Eyuboglu in the system of Kusashima in view of Fan in order to achieve better channel utilization or reduce channel access overhead as necessary and in order to meet future demand of data thereby improving user experience.
Regarding claim 20, Kusashima discloses a method for receiving a frame, comprising: by an electronic device: receiving a frame associated with a second electronic device, the frame comprising an indication that the second electronic device uses a frame-based equipment (FBE) channel access technique and attributes of the FBE channel access technique (BS notifies the terminal that FBE will be used and includes setting information, Para [0192], setting information indicates channel access scheme to be used, Para [0136]), wherein the attributes comprise a duration of the FBE channel access technique and a fixed frame period (FFP) for communication during the FBE channel access technique (fixed frame period is defined in FBE, Para [0057] and what predetermined period (i.e. duration) the FBE is to be used for, Para [0144]); and selectively ceasing, based at least in part on the indication or the attributes, use of a contention-based channel access technique (switching between LBE and FBE to be used as channel access scheme, Para [0063], where a contention window is set for LBE, Para [0059], FBE is used at certain times, where LBE is used in other periods, Para [0183]); but does not explicitly disclose wherein the frame is compatible with an Institute of Electrical and Electronics Engineers (IEEE) 802.11 standard. Fan discloses the network device can determine what channel access type to use, to harmoniously coexist with another system, if the Wi-Fi system uses FBE mechanism then the terminal device can use the FBE mechanism, Para [0099], where Wi-Fi is known to be based on IEEE 802.11. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Fan in the system of Kusashima in order to improve coexistence with other systems and fairly contend for the unlicensed band; and does not explicitly disclose wherein the indication changes dynamically and is associated with predicting utilization of upcoming FFP. Awadin discloses gNB can indicate operation mode the UE should use, Para [0045], operating in FBE is advantageous in light to medium traffic and LBE is better when traffic load is high, Para [0043], the gNB can switch between modes accordingly, since traffic load is dynamic, the advantageous mode will dynamic change as well. Eyuboglu discloses MNC predicts data demand in a future time interval and can use deep learning to do it, C: 136 R: 51-59 and MNC presents itself as a gNB, C: 54 R: 32-33. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Awadin and Eyuboglu in the system of Kusashima in view of Fan in order to achieve better channel utilization or reduce channel access overhead as necessary and in order to meet future demand of data thereby improving user experience.
Regarding claim 23, Kusashima discloses the method of claim 20, wherein, in response to receiving the indication, the interface circuit is configured to cease, after a time interval, use of the contention-based channel access technique (setting information includes a time which a channel access scheme is to be used, Para [0144]).
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kusashima, in view of Fan, in view of Awadin in view of Eyuboglu and in view of Calcev et al (US 2024/0292460, hereinafter Calcev, claiming priority date of provisional application 63/277,964).
Regarding claim 11, Kusashima discloses the electronic device of claim 6, but not wherein the second frame comprises multiple second frames in at least a subset of channels during the instance of the FFP. Calcev discloses a gNB or UE can transmit on a set of channels, Para [0084], gNB or UE can have (multiple) transmissions on a given channel, Para [0089], using multiple channels in the FBE operation mode, Para [0103]. Also see Para [0010, 12, 13] from the provisional application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Calcev in the system of Kusashima in view of Fan, Eyuboglu and Awadin in order to UL transmission performance in the unlicensed spectrum.
Regarding claim 12, Kusashima discloses the electronic device of claim 11, but not wherein the subset of the channels excludes a primary channel. Calcev discloses a gNB or UE can transmit on a set of channels, Para [0084], in this case, the set of channels doesn’t include a primary channel.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kusashima, in view of Fan, in view of Awadin, in view of Eyuboglu, in view of Calcev and in view of Shi et al (US 2019/0007180, hereinafter Shi).
Regarding claim 13, Kusashima discloses the electronic device of claim 11, wherein the interface circuit is configured to receive a legacy preamble or short control signaling associated with the second electronic device in a primary channel during the instance of the FFP; and wherein the legacy preamble or the short control signaling indicates the subset of the channels. Shi discloses a transmitter can transmit first message to second electronic device, where an indication such as a preamble indicates the particular sub-channels that will be used, Para [0054]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Calcev in the system of Kusashima in view of Fan, Awadin, Eyuboglu and Calcev in order to increase efficiency of resource usage in a communication network.
Regarding claim 14, Kusashima discloses the electronic device of claim 11, wherein the multiple second frames indicate the subset of the channels. Shi discloses a transmitter can transmit first message to second electronic device, where the first message indicates the particular sub-channels that will be used, Para [0054].
Response to Arguments
Applicant's arguments filed 8/31/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. Applicant amended the limitation from the indication changing dynamically and associated with traffic demand in a channel to being associated with predicted utilization of an upcoming FFP. Applicant argues the references do not disclose predicting step. In response, arguments are moot in view of a new reference being used in the current office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2423
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