Prosecution Insights
Last updated: July 17, 2026
Application No. 18/473,782

Initial Channel Access in Unlicensed Spectrum with Directional Sensing and Communication

Non-Final OA §102§103§112
Filed
Sep 25, 2023
Priority
Apr 05, 2021 — provisional 63/170,974 +1 more
Examiner
MADDOX, MICHAEL WAYNE
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
29 granted / 29 resolved
+42.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
15 currently pending
Career history
52
Total Applications
across all art units

Statute-Specific Performance

§103
90.7%
+50.7% vs TC avg
§102
7.2%
-32.8% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 29 resolved cases

Office Action

§102 §103 §112
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 . Election/Restrictions Applicant’s election without traverse of claims 5-17 in the reply filed on January 27, 2026 is acknowledged. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “901” in FIG. 9 has been used to designate both the “UE synchronizes and decodes” and the “Is LBT default?” operations. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: In FIG. 9: 901, 902, 903, 904, 906, 908, 909, 910, 911. In FIG. 10: 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014. In FIG. 11: 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109. In FIG. 14: 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413. In FIG. 15: 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509. In FIG. 17: 1703, 1706, 1707. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The disclosure is objected to because of the following informalities: The specification fails to include a description of the reference numbers in FIGS. 9-11, 14-15, and 17 noted above with respect to the objection to the drawings. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 7 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 7 recites the limitation of “[t]he method of claim 5, wherein the UE transmits the message without performing any LBT procedure.” However, claim 5 recites, in part, “transmitting, by the UE, a message using an LBT procedure in response to determining that the LBT configuration is the default LBT cell configuration.” It is unclear how the UE can transmit the message using an LBT procedure as recited in claim 5, and transmit the message without performing any LBT procedure as recited in claim 7. Similarly, claim 23 recites “The UE of claim 21, wherein the UE transmits the message without performing any LBT procedure.” Claim 21 recites, in part, “transmitting a message using an LBT procedure in response to determining that the LBT configuration is the default LBT cell configuration.” It is unclear how the UE can transmit the message using an LBT procedure as recited in claim 5, and transmit the message without performing any LBT procedure as recited in claim 7. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 5-7, 10, 11-13, 17, 21-23, 26, and 27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Niu et al. (US 2023/0101279 A1)(hereinafter “Niu”). Regarding claim 5, Niu discloses a method comprising: decoding, by a user equipment (UE), at least one of a master information block (MIB) or a system information block (SIB) received from a base station (Fig. 2, [¶0024]: in the illustrated embodiment, the network node 204 configures 206 a SIB to provide information to the UE 202. The SIB may include LBT related parameters. For example, the network node 204 may set up LBT related parameters in an LBT configuration element. In some embodiments, the LBT configuration element may be named lbt-ConfigCommon. The LBT configuration element lbt-ConfigCommon may include a number of LBT related parameters. The LBT configuration element may include a parameter that indicates whether LBT or no LBT may be used. This parameter may depend on local regulations. The LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional, omni, or combination of both for LBT. Additionally, the LBT type parameter may indicate if receiver assisted is enabled or not. [¶0027]: the network node 204 may transmit 208 the SIB to the UE 202. When the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter.); determining, by the UE, that a listen before talk (LBT) configuration is a default LBT cell configuration, in accordance with the at least one of the MIB or the SIB ([¶0026]: in some embodiments, if the LBT configuration element is not configured in the SIB, the UE 202 and the network node 204 may use a default value. For example, in some embodiments the default value may correspond to omni LBT (“a default LBT cell configuration”).); and transmitting, by the UE, a message using an LBT procedure in response to determining that the LBT configuration is the default LBT cell configuration ([¶0032]: the TCI state signaled in the DCI message may be used to indirectly or directly indicate the transmission beam. For example, in one embodiment, the DCI message can indicate an LBT beam (sensing beam direction) and the UE 202 may derive transmission beam by associated sensing beam to reference signal association. Thus, the UE 202 may determine the transmission beam direction indirectly. In another embodiment, the DCI message can directly indicate the transmission beam TCI state. [¶0038]: a UE receiving a DCI message including the bit field 300a may decode the DCI message to determine the TCI state indicated in the bit field 300a. If directional LBT is enabled and the TCI state indicated by the DCI message is not included in UE's active TCI state list as configured by a SIB via RRC signaling, [¶0057]: LBT is a mechanism whereby equipment (for example, UE 622 and UE 620, RAN node 614 or RAN node 616, etc.) senses a medium (for example, a channel or carrier frequency) and transmits when the medium is sensed to be idle (or when a specific channel in the medium is sensed to be unoccupied). Accordingly, the UE transmits a message using the determined LBT configuration, i.e., the default LBT cell configuration in this case.). Regarding claim 6, Niu discloses all features of claim 5 as outlined above. Niu also discloses: determining, by the UE, that a second LBT configuration is not the default LBT cell configuration ([¶0027]: when the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter. [¶0024]: the LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional (“a second LBT configuration”), omni, or combination of both for LBT. [¶0029]: if directional LBT is configured in SIB (e.g., lbt-ConfigCommon is configured) the network node 204 may configure the DCI message to indicate the TCI state.); and transmitting, by the UE, a second message using the LBT procedure in accordance with the at least one of the MIB or the SIB ([¶0038]: a UE receiving a DCI message including the bit field 300a may decode the DCI message to determine the TCI state indicated in the bit field 300a. If directional LBT is enabled and the TCI state indicated by the DCI message is not included in UE's active TCI state list as configured by a SIB via RRC signaling, [¶0057]: LBT is a mechanism whereby equipment (for example, UE 622 and UE 620, RAN node 614 or RAN node 616, etc.) senses a medium (for example, a channel or carrier frequency) and transmits when the medium is sensed to be idle (or when a specific channel in the medium is sensed to be unoccupied). Accordingly, the UE transmits a message using the determined LBT configuration, i.e., the default LBT cell configuration in this case.). Regarding claim 7, Niu discloses all features of claim 5 as outlined above. Niu also discloses wherein the UE transmits the message without performing any LBT procedure ([¶0024]: the LBT configuration element may include a parameter that indicates whether LBT or no LBT may be used. Accordingly, if the LBT configuration element indicates that no LBT may be used, the UE transmits the message without performing any LBT procedure.). Regarding claim 10, Niu discloses all features of claim 5 as outlined above. Niu also discloses the LBT procedure being a directional LBT procedure ([¶0029] If directional LBT is configured in SIB (e.g., lbt-ConfigCommon is configured) the network node 204 may configure the DCI message to indicate the TCI state). Regarding claim 11, Niu discloses a method comprising: decoding, by a user equipment (UE), at least one of a master information block (MIB) or a system information block (SIB) received from a base station (Fig. 2, [¶0024]: in the illustrated embodiment, the network node 204 configures 206 a SIB to provide information to the UE 202. The SIB may include LBT related parameters. For example, the network node 204 may set up LBT related parameters in an LBT configuration element. In some embodiments, the LBT configuration element may be named lbt-ConfigCommon. The LBT configuration element lbt-ConfigCommon may include a number of LBT related parameters. The LBT configuration element may include a parameter that indicates whether LBT or no LBT may be used. This parameter may depend on local regulations. The LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional, omni, or combination of both for LBT. Additionally, the LBT type parameter may indicate if receiver assisted is enabled or not. [¶0027]: the network node 204 may transmit 208 the SIB to the UE 202. When the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter.); determining, by the UE, that a listen before talk (LBT) configuration is a default LBT configuration, in accordance with the at least one of the MIB or the SIB ([¶0026]: in some embodiments, if the LBT configuration element is not configured in the SIB, the UE 202 and the network node 204 may use a default value. For example, in some embodiments the default value may correspond to omni LBT (“a default LBT cell configuration”).); and transmitting, by the UE, a message using an LBT procedure in response to determining that the LBT configuration is the default LBT configuration ([¶0032]: the TCI state signaled in the DCI message may be used to indirectly or directly indicate the transmission beam. For example, in one embodiment, the DCI message can indicate an LBT beam (sensing beam direction) and the UE 202 may derive transmission beam by associated sensing beam to reference signal association. Thus, the UE 202 may determine the transmission beam direction indirectly. In another embodiment, the DCI message can directly indicate the transmission beam TCI state. [¶0038]: a UE receiving a DCI message including the bit field 300a may decode the DCI message to determine the TCI state indicated in the bit field 300a. If directional LBT is enabled and the TCI state indicated by the DCI message is not included in UE's active TCI state list as configured by a SIB via RRC signaling, [¶0057]: LBT is a mechanism whereby equipment (for example, UE 622 and UE 620, RAN node 614 or RAN node 616, etc.) senses a medium (for example, a channel or carrier frequency) and transmits when the medium is sensed to be idle (or when a specific channel in the medium is sensed to be unoccupied). Accordingly, the UE transmits a message using the determined LBT configuration, i.e., the default LBT cell configuration in this case.). Regarding claim 12, Niu discloses all features of claim 11 as outlined above. Niu also discloses: determining, by the UE, that a second LBT configuration is not the default LBT configuration ([¶0027]: when the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter. [¶0024]: the LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional (“a second LBT configuration”), omni, or combination of both for LBT. [¶0029]: if directional LBT is configured in SIB (e.g., lbt-ConfigCommon is configured) the network node 204 may configure the DCI message to indicate the TCI state.); and transmitting, by the UE, a second message using the LBT procedure in accordance with at least one of the MIB or the SIB ([¶0038]: a UE receiving a DCI message including the bit field 300a may decode the DCI message to determine the TCI state indicated in the bit field 300a. If directional LBT is enabled and the TCI state indicated by the DCI message is not included in UE's active TCI state list as configured by a SIB via RRC signaling, [¶0057]: LBT is a mechanism whereby equipment (for example, UE 622 and UE 620, RAN node 614 or RAN node 616, etc.) senses a medium (for example, a channel or carrier frequency) and transmits when the medium is sensed to be idle (or when a specific channel in the medium is sensed to be unoccupied). Accordingly, the UE transmits a message using the determined LBT configuration, i.e., the default LBT cell configuration in this case.). Regarding claim 13, Niu discloses all features of claim 11 as outlined above. Niu also discloses: determining, by the UE, that a second LBT configuration is not the default LBT configuration ([¶0027]: when the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter. [¶0024]: the LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional (“a second LBT configuration”), omni, or combination of both for LBT. [¶0029]: if directional LBT is configured in SIB (e.g., lbt-ConfigCommon is configured) the network node 204 may configure the DCI message to indicate the TCI state.); and transmitting, by the UE, a second message without using the LBT procedure ([¶0024]: the LBT configuration element may include a parameter that indicates whether LBT or no LBT may be used. Accordingly, if the LBT configuration element indicates that no LBT may be used, the UE transmits the message without performing any LBT procedure.. Regarding claim 17, Niu discloses all features of claim 11 as outlined above. Niu also discloses the LBT procedure being a directional LBT procedure ([¶0029] If directional LBT is configured in SIB (e.g., lbt-ConfigCommon is configured) the network node 204 may configure the DCI message to indicate the TCI state). Regarding claim 21, Niu discloses a user equipment (UE) (Fig. 2: UE 202) comprising: at least one processor (Fig. 7, [¶0072]: application circuitry 702 may include one or more processor cores…); and a non-transitory computer readable storage medium storing programming, the programming including instructions that, when executed by the at least one processor, cause the UE to perform operations (Fig. 7, [¶0072]: memory circuitry 708. The processors (or cores) of the application circuitry 702 may be coupled with or may include memory/storage elements and may be configured to execute instructions stored in the memory/storage to enable various applications or operating systems to run on the infrastructure equipment 700.) including: decoding at least one of a master information block (MIB) or a system information block (SIB) received from a base station (Fig. 2, [¶0024]: in the illustrated embodiment, the network node 204 configures 206 a SIB to provide information to the UE 202. The SIB may include LBT related parameters. For example, the network node 204 may set up LBT related parameters in an LBT configuration element. In some embodiments, the LBT configuration element may be named lbt-ConfigCommon. The LBT configuration element lbt-ConfigCommon may include a number of LBT related parameters. The LBT configuration element may include a parameter that indicates whether LBT or no LBT may be used. This parameter may depend on local regulations. The LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional, omni, or combination of both for LBT. Additionally, the LBT type parameter may indicate if receiver assisted is enabled or not. [¶0027]: the network node 204 may transmit 208 the SIB to the UE 202. When the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter.); determining that a listen before talk (LBT) configuration is a default LBT cell configuration, in accordance with the at least one of the MIB or the SIB ([¶0026]: in some embodiments, if the LBT configuration element is not configured in the SIB, the UE 202 and the network node 204 may use a default value. For example, in some embodiments the default value may correspond to omni LBT (“a default LBT cell configuration”).); and transmitting a message using an LBT procedure in response to determining that the LBT configuration is the default LBT cell configuration ([¶0032]: the TCI state signaled in the DCI message may be used to indirectly or directly indicate the transmission beam. For example, in one embodiment, the DCI message can indicate an LBT beam (sensing beam direction) and the UE 202 may derive transmission beam by associated sensing beam to reference signal association. Thus, the UE 202 may determine the transmission beam direction indirectly. In another embodiment, the DCI message can directly indicate the transmission beam TCI state. [¶0038]: a UE receiving a DCI message including the bit field 300a may decode the DCI message to determine the TCI state indicated in the bit field 300a. If directional LBT is enabled and the TCI state indicated by the DCI message is not included in UE's active TCI state list as configured by a SIB via RRC signaling, [¶0057]: LBT is a mechanism whereby equipment (for example, UE 622 and UE 620, RAN node 614 or RAN node 616, etc.) senses a medium (for example, a channel or carrier frequency) and transmits when the medium is sensed to be idle (or when a specific channel in the medium is sensed to be unoccupied). Accordingly, the UE transmits a message using the determined LBT configuration, i.e., the default LBT cell configuration in this case.). Regarding claim 22, Niu discloses all features of claim 21 as outlined above. Niu also discloses the operations further comprising: determining that a second LBT configuration is not the default LBT cell configuration ([¶0027]: when the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter. [¶0024]: the LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional (“a second LBT configuration”), omni, or combination of both for LBT. [¶0029]: if directional LBT is configured in SIB (e.g., lbt-ConfigCommon is configured) the network node 204 may configure the DCI message to indicate the TCI state.); and transmitting a second message using the LBT procedure in accordance with the at least one of the MIB or the SIB ([¶0032]: the TCI state signaled in the DCI message may be used to indirectly or directly indicate the transmission beam. For example, in one embodiment, the DCI message can indicate an LBT beam (sensing beam direction) and the UE 202 may derive transmission beam by associated sensing beam to reference signal association. Thus, the UE 202 may determine the transmission beam direction indirectly. In another embodiment, the DCI message can directly indicate the transmission beam TCI state. [¶0038]: a UE receiving a DCI message including the bit field 300a may decode the DCI message to determine the TCI state indicated in the bit field 300a. If directional LBT is enabled and the TCI state indicated by the DCI message is not included in UE's active TCI state list as configured by a SIB via RRC signaling, [¶0057]: LBT is a mechanism whereby equipment (for example, UE 622 and UE 620, RAN node 614 or RAN node 616, etc.) senses a medium (for example, a channel or carrier frequency) and transmits when the medium is sensed to be idle (or when a specific channel in the medium is sensed to be unoccupied). Accordingly, the UE transmits a message using the determined LBT configuration, i.e., the default LBT cell configuration in this case.). Regarding claim 23, Niu discloses all features of claim 21 as outlined above. Niu also discloses wherein the UE transmits the message without performing any LBT procedure ([¶0024]: the LBT configuration element may include a parameter that indicates whether LBT or no LBT may be used. Accordingly, if the LBT configuration element indicates that no LBT may be used, the UE transmits the message without performing any LBT procedure.). Regarding claim 26, Niu discloses all features of claim 21 as outlined above. Niu also discloses the LBT procedure being a directional LBT procedure ([¶0029] If directional LBT is configured in SIB (e.g., lbt-ConfigCommon is configured) the network node 204 may configure the DCI message to indicate the TCI state). Regarding claim 27, Niu discloses a user equipment (UE) (Fig. 2: UE 202) comprising: at least one processor (Fig. 7, [¶0072]: application circuitry 702 may include one or more processor cores…); and a non-transitory computer readable storage medium storing programming, the programming including instructions that, when executed by the at least one processor, cause the UE to perform operations (Fig. 7, [¶0072]: memory circuitry 708. The processors (or cores) of the application circuitry 702 may be coupled with or may include memory/storage elements and may be configured to execute instructions stored in the memory/storage to enable various applications or operating systems to run on the infrastructure equipment 700.) including: decoding at least one of a master information block (MIB) or a system information block (SIB) received from a base station (Fig. 2, [¶0024]: in the illustrated embodiment, the network node 204 configures 206 a SIB to provide information to the UE 202. The SIB may include LBT related parameters. For example, the network node 204 may set up LBT related parameters in an LBT configuration element. In some embodiments, the LBT configuration element may be named lbt-ConfigCommon. The LBT configuration element lbt-ConfigCommon may include a number of LBT related parameters. The LBT configuration element may include a parameter that indicates whether LBT or no LBT may be used. This parameter may depend on local regulations. The LBT configuration element may also include a parameter that indicates an LBT type. For example, the LBT type parameter may indicate whether to use directional, omni, or combination of both for LBT. Additionally, the LBT type parameter may indicate if receiver assisted is enabled or not. [¶0027]: the network node 204 may transmit 208 the SIB to the UE 202. When the UE 202 receives the SIB, the UE 202 may decode 210 the SIB to determine the LBT related parameters including the TCI state parameter.); determining that a listen before talk (LBT) configuration is a default LBT configuration, in accordance with the at least one of the MIB or the SIB ([¶0026]: in some embodiments, if the LBT configuration element is not configured in the SIB, the UE 202 and the network node 204 may use a default value. For example, in some embodiments the default value may correspond to omni LBT (“a default LBT cell configuration”).); and transmitting a message using an LBT procedure in response to determining that the LBT configuration is the default LBT configuration ([¶0032]: the TCI state signaled in the DCI message may be used to indirectly or directly indicate the transmission beam. For example, in one embodiment, the DCI message can indicate an LBT beam (sensing beam direction) and the UE 202 may derive transmission beam by associated sensing beam to reference signal association. Thus, the UE 202 may determine the transmission beam direction indirectly. In another embodiment, the DCI message can directly indicate the transmission beam TCI state. [¶0038]: a UE receiving a DCI message including the bit field 300a may decode the DCI message to determine the TCI state indicated in the bit field 300a. If directional LBT is enabled and the TCI state indicated by the DCI message is not included in UE's active TCI state list as configured by a SIB via RRC signaling, [¶0057]: LBT is a mechanism whereby equipment (for example, UE 622 and UE 620, RAN node 614 or RAN node 616, etc.) senses a medium (for example, a channel or carrier frequency) and transmits when the medium is sensed to be idle (or when a specific channel in the medium is sensed to be unoccupied). Accordingly, the UE transmits a message using the determined LBT configuration, i.e., the default LBT cell configuration in this case.). 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. Claim(s) 8-9 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Niu in view of Malladi et al. (US 2015/0365880 A1)(hereinafter “Malladi”). Regarding claim 8, Niu discloses all features of claim 5 as outlined above. Niu does not explicitly disclose receiving, by the UE from the base station, a second message; detecting, by the UE, a change in the LBT procedure; and transmitting, by the UE, a third message using the LBT procedure with the change. However, Malladi discloses receiving, by the UE from the base station, a second message ([¶0076]: the base station 105-c may transmit a SIB during a CCA-exempt transmission (CET) subframe associated with the base station 105-c.); detecting, by the UE, a change in the LBT procedure ([¶0013] some aspects of the method, apparatuses, and/or non-transitory computer-readable medium may further comprise dynamically modifying the LBT parameter, and transmitting an updated version of the system information block at a next CET subframe. [¶0076]: the SIB may be updated between transmissions. For example, the SIB module 550 may dynamically modify the LBT parameter between SIB transmissions and transmit an updated version of the SIB (i.e., containing the modified LBT parameter) at the next CET subframe or opportunistically at the next non-CET subframe associated with opportunistic SIB transmissions.); and transmitting, by the UE, a third message using the LBT procedure with the change ([¶0123] In certain examples, the LBT parameter(s) received in the SIB may include an ECCA counter parameter, q, used by the UEs 115-c to transmit to the base station.). Therefore, 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 SIB from the base station, as taught by Niu, to indicate a change in the previous LBT procedure, as taught by Malladi. Doing so allows for the LBT procedure to be modified to compensate for dynamically changing conditions within the communication system. Regarding claim 9, Niu discloses all features of claim 5 as outlined above. Niu does not explicitly disclose receiving, by the UE from the base station, a second message; determining, by the UE, that there is no change in the LBT procedure; and transmitting, by the UE, a third message using the LBT procedure in accordance with at least one of the MIB or the SIB. However, Malladi discloses receiving, by the UE from the base station, a second message ([¶0076]: the base station 105-c may transmit a SIB during a CCA-exempt transmission (CET) subframe associated with the base station 105-c.); determining, by the UE, that there is no change in the LBT procedure ([¶0013] some aspects of the method, apparatuses, and/or non-transitory computer-readable medium may further comprise dynamically modifying the LBT parameter, and transmitting an updated version of the system information block at a next CET subframe. [¶0076]: the SIB may be updated between transmissions. For example, the SIB module 550 may dynamically modify the LBT parameter between SIB transmissions and transmit an updated version of the SIB (i.e., containing the modified LBT parameter) at the next CET subframe or opportunistically at the next non-CET subframe associated with opportunistic SIB transmissions. Examiner notes that if the LBT parameters remain the same as the previously received LBT parameters, inherently no change in LBT procedure is determined by the UE.); and transmitting, by the UE, a third message using the LBT procedure in accordance with at least one of the MIB or the SIB ([¶0123] In certain examples, the LBT parameter(s) received in the SIB may include an ECCA counter parameter, q, used by the UEs 115-c to transmit to the base station.). Therefore, 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 SIB from the base station, as taught by Niu, to indicate no change in the previous LBT procedure, as taught by Malladi. Doing so allows for the LBT procedure to be modified to compensate for either static or dynamically changing conditions within the communication system. Regarding claim 24, Niu discloses all features of claim 21 as outlined above. Niu does not explicitly disclose receiving, from the base station, a second message; detecting a change in the LBT procedure; and transmitting a third message using the LBT procedure with the change. However, Malladi discloses receiving, from the base station, a second message ([¶0076]: the base station 105-c may transmit a SIB during a CCA-exempt transmission (CET) subframe associated with the base station 105-c.); detecting a change in the LBT procedure ([¶0013] some aspects of the method, apparatuses, and/or non-transitory computer-readable medium may further comprise dynamically modifying the LBT parameter, and transmitting an updated version of the system information block at a next CET subframe. [¶0076]: the SIB may be updated between transmissions. For example, the SIB module 550 may dynamically modify the LBT parameter between SIB transmissions and transmit an updated version of the SIB (i.e., containing the modified LBT parameter) at the next CET subframe or opportunistically at the next non-CET subframe associated with opportunistic SIB transmissions.); and transmitting a third message using the LBT procedure with the change ([¶0123] In certain examples, the LBT parameter(s) received in the SIB may include an ECCA counter parameter, q, used by the UEs 115-c to transmit to the base station.). Therefore, 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 SIB from the base station, as taught by Niu, to indicate a change in the previous LBT procedure, as taught by Malladi. Doing so allows for the LBT procedure to be modified to compensate for dynamically changing conditions within the communication system. Regarding claim 25, Niu discloses all features of claim 21 as outlined above. Niu does not explicitly disclose receiving, by the UE from the base station, a second message; determining, by the UE, that there is no change in the LBT procedure; and transmitting, by the UE, a third message using the LBT procedure in accordance with at least one of the MIB or the SIB. However, Malladi discloses receiving, by the UE from the base station, a second message ([¶0076]: the base station 105-c may transmit a SIB during a CCA-exempt transmission (CET) subframe associated with the base station 105-c.); determining, by the UE, that there is no change in the LBT procedure ([¶0013] some aspects of the method, apparatuses, and/or non-transitory computer-readable medium may further comprise dynamically modifying the LBT parameter, and transmitting an updated version of the system information block at a next CET subframe. [¶0076]: the SIB may be updated between transmissions. For example, the SIB module 550 may dynamically modify the LBT parameter between SIB transmissions and transmit an updated version of the SIB (i.e., containing the modified LBT parameter) at the next CET subframe or opportunistically at the next non-CET subframe associated with opportunistic SIB transmissions. Examiner notes that if the LBT parameters remain the same as the previously received LBT parameters, inherently no change in LBT procedure is determined by the UE.); and transmitting, by the UE, a third message using the LBT procedure in accordance with at least one of the MIB or the SIB ([¶0123] In certain examples, the LBT parameter(s) received in the SIB may include an ECCA counter parameter, q, used by the UEs 115-c to transmit to the base station.). Therefore, 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 SIB from the base station, as taught by Niu, to indicate no change in the previous LBT procedure, as taught by Malladi. Doing so allows for the LBT procedure to be modified to compensate for either static or dynamically changing conditions within the communication system. Allowable Subject Matter Claims 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2024/0155635 A1) – Method and Device For Carrying Out Communication In Wireless Communication System. Zhu et al. (US 2024/0049281 A1) – Mode Indication Method, Terminal Device and Network Device. Do et al. (US 2023/0328775 A1) – Systems and Methods For Changing LBT For Unlicensed Networks. Futaki (US 20170339717 A1) – Radio Terminal, Radio Station, and Method Performed Thereby. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W MADDOX whose telephone number is (571)272-5834. The examiner can normally be reached M-Th 7:30am-5:00pm, 1st F 7:30am-4:00pm, 2nd F off. 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, Asad M Nawaz can be reached at 571-272-3988. 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. /MICHAEL WAYNE MADDOX/Examiner, Art Unit 2463 /CHI TANG P CHENG/Primary Examiner, Art Unit 2463
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Prosecution Timeline

Sep 25, 2023
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 7m (~0m remaining)
Median Time to Grant
Low
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