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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive. Applicant asserts:
That the LBT-related parameter, LBT-related condition, or LBT-related constraint in Siomina is used to determine measurement time, rather than determining whether to perform LBT before performing a transmission. The Examiner notes that Applicant’s remaining arguments appear to rise or fall with the aforementioned argument.
The Examiner notes that per the claim language, LBT is not disclosed, but rather a channel access procedure is performed and that said channel access procedure is performed or omitted. Further, the claim indicates that the channel access procedure for the second transmission is based upon a first or second parameter based upon the presence or absence of the second parameter.
Siomina discloses [0142] that if LBT is performed in both uplink and downlink on the carrier(s) used for the measurement, then some of the following may apply. In one example, the values of the uplink LBT parameter and the downlink LBT parameter may be the same. In another example, the values of the uplink LBT parameter and the DL LBT parameter may be different. In other words, although Siomina discloses using LBT parameters for determining a measurement time, said LBT parameters are also used for performing LBT on the same carriers used for the measurement. Siomina further discloses [0051] that according to some embodiments, a method, in a wireless device, of performing radio measurements in a wireless system where one or more nodes apply LTB (sic. LBT) operations when transmitting on at least one carrier, includes obtaining a LBT-related parameter, LBT-related condition, or LBT-related constraint for radio measurements and determining a measurement time, based on the obtained LBT-related parameter, LBT-related condition, or LBT-related constraint for radio measurements. The method also includes performing a radio measurement within the determined measurement time, to obtain a measurement result and reporting the measurement result to another node, logging the measurement result and/or using the measurement result for one or more operational tasks in the wireless device. In other words, an LBT operation is performed, a measurement time is determined, a measurement is performed, and then the measurement is reported (i.e. transmitted) to another node. Therefore, a channel access procedure (i.e. the collective process of performing LBT and radio measurement) is performed prior to transmitting a measurement result (i.e. at least a first transmission) as claimed.
Thus, the limitations of the claims have been addressed and the action herein is made FINAL.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1, 2, 4, 19, 20 is/are rejected under 35 U.S.C. 102(a)(1/2) as being anticipated by US 20190124690 A1 to Siomina; Iana et al.
Re: Claim(s) 1, 19, 20
Siomina discloses a wireless communication method by a user equipment (UE), comprising (Fig. 5):
being configured, by a base station, with a first parameter and/or a second parameter (Fig. 3 and 0086 - The method 300 includes obtaining an LBT-related parameter, LBT-related condition, or LBT-related constraint for radio measurements (302) and using the obtained LBT-related parameter, LBT-related condition, or LBT-related constraint to perform (304) at least one of: controlling a wireless device measurement time; configuring at least one counter or a timer associated with the measurement; controlling a wireless device measurement configuration; and adapting at least one transmission configuration parameter for transmitting signals to be used by the wireless device for the measurement. 0099 - The controlling may include sending the result of the obtaining step to the UE. Fig. 5 and 0117 - the processing circuit 52 of the user equipment 50 is configured to perform a method 500 for performing radio measurements in a wireless system where one or more nodes apply LTB operations when transmitting on at least one carrier. The method 500, shown in FIG. 5, includes obtaining an LBT-related parameter, LBT-related condition, or LBT-related constraint for radio measurements (block 502). 0143-0145 - The obtaining may further include one or more of: … receiving from another node (e.g., from a network node)),
wherein the first parameter comprises information relevant to a channel access procedure application for a first transmission, and/or the second parameter comprises information relevant to a channel access procedure application for a second transmission (0142 - If LBT is performed in both uplink and downlink on the carrier(s) used for the measurement, then some of the following may apply. In one example, the values of the uplink LBT parameter and the downlink LBT parameter may be the same. In another example, the values of the uplink LBT parameter and the DL LBT parameter may be different. In an example, the values of the uplink LBT parameter and the DL LBT parameter may be determined independently, i.e., can be the same or different. In yet another example, the values of the uplink LBT parameter (H1) and the downlink LBT (H2) parameter are related by a relation. For example, Hl=f1(H2) or H2=f2(H1), where f denotes a function. The Examiner notes that the LBT parameters can be separate and distinct for uplink and downlink);
wherein the information relevant to the channel access procedure application for the first transmission and/or the second transmission comprises at least one of the followings: performing a channel access procedure before performing the first transmission and/or the second transmission; or omitting the channel access procedure before performing the first transmission and/or the second transmission (Fig. 5 – 504 precedes 506/508. 0142 – that if LBT is performed in both uplink and downlink on the carrier(s) used for the measurement, then some of the following may apply. In one example, the values of the uplink LBT parameter and the downlink LBT parameter may be the same. In another example, the values of the uplink LBT parameter and the DL LBT parameter may be different. In other words, although Siomina discloses using LBT parameters for determining a measurement time, said LBT parameters are also used for performing LBT on the same carriers used for the measurement. Siomina further discloses [0051] that according to some embodiments, a method, in a wireless device, of performing radio measurements in a wireless system where one or more nodes apply LTB (sic. LBT) operations when transmitting on at least one carrier, includes obtaining a LBT-related parameter, LBT-related condition, or LBT-related constraint for radio measurements and determining a measurement time, based on the obtained LBT-related parameter, LBT-related condition, or LBT-related constraint for radio measurements. The method also includes performing a radio measurement within the determined measurement time, to obtain a measurement result and reporting the measurement result to another node, logging the measurement result and/or using the measurement result for one or more operational tasks in the wireless device. In other words, an LBT operation is performed, a measurement time is determined, a measurement is performed, and then the measurement is reported (i.e. transmitted) to another node);
wherein when the second parameter is absent, the first parameter is used for indication of the channel access procedure application for a second transmission (0142 – implicit - If LBT is performed in both uplink and downlink on the carrier(s) used for the measurement, then some of the following may apply. In one example, the values of the uplink LBT parameter and the downlink LBT parameter may be the same. The Examiner notes that in the case that both uplink and downlink LBT parameters are the same, this is tantamount to the absence of a distinct second LBT parameter and thus the same (i.e. a first LBT parameter) is used for both uplink and downlink).
Siomina further discloses:
A corresponding method performed by a base station (see as analyzed above, particularly Figs. 3 and 5 and 0069), as required by claim 19; and
A chip corresponding to the method of claim 1, comprising a processor (Fig. 4 – 0062), as required by claim 20.
Re: Claim(s) 2
Siomina discloses wherein the first transmission comprises a downlink (DL) transmission, and/or the second transmission comprises an uplink (UL) transmission (0142 - If LBT is performed in both uplink and downlink on the carrier(s) used for the measurement, then some of the following may apply. In one example, the values of the uplink LBT parameter and the downlink LBT parameter may be the same. In another example, the values of the uplink LBT parameter and the DL LBT parameter may be different. In an example, the values of the uplink LBT parameter and the DL LBT parameter may be determined independently, i.e., can be the same or different. In yet another example, the values of the uplink LBT parameter (H1) and the downlink LBT (H2) parameter are related by a relation. For example, Hl=f1(H2) or H2=f2(H1), where f denotes a function. The Examiner notes that the LBT parameters can be separate and distinct for uplink and downlink).
Re: Claim(s) 4
Siomina discloses wherein the UE is configured to receive a first information from the base station, and the first information comprises the first parameter and/or the second parameter (0143-0145 - The obtaining may further include one or more of: … receiving from another node (e.g., from a network node)).
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) 5, 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siomina as applied to claim 1 above, and further in view of US 20190387546 A1 to Li; Yingzhe et al.
Re: Claim(s) 5
Siomina discloses those limitations as set forth in the rejection of claim(s) 1 above.
Siomina does/do not appear to explicitly disclose wherein the first information comprises a system information; the system information comprises at least one of the followings: a master information block (MIB) or a system information block (SIB) x, where x is an integer greater than or equal to 1.
However, attention is directed to Li which discloses said limitation (0164-0165 - the PRACH LBT configuration or part of the configuration can be indicated by higher layer parameters, such as through the SystemInformationBlockType1 (SIB1) or SIBs other than SIB1 from the RRC layer).
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 Siomina invention by employing the teaching as taught by Li to provide the ability for the network node of Siomina to utilize higher layer signaling such as SIB1 via an RRC layer to configure a UE with the appropriate LBT parameters. The motivation for the combination is given by Li (0001-0003).
Re: Claim(s) 13, 14, 16, 17
Siomina in view of Li discloses those limitations as set forth in the rejection of claim(s) 1 and 5 above.
Siomina does/do not appear to explicitly disclose wherein when the first parameter is present in the system information, a channel access procedure is applied before the first transmission, and/or when the first parameter is absent in the system information, the channel access procedure is not applied for the first transmission. Siomina does disclose that a UE applies the first parameter prior to a transmission (Fig. 5 – 504 precedes 506/508) and Li (as analyzed in the rejection of claim 6) discloses including such parameters in system information (0164-0165).
However, Siomina and Li do not appear to explicitly disclose how to handle a transmission in the absence of a LBT parameter.
However, the Examiner notes that such an implementation as to whether or not to apply a LBT (or CAP) procedure before a transmission is subject to a design choice that is conventional in the art. It would have been obvious to one of ordinary skill in the art to consider omitting a LBT (or CAP) procedure if a UE does not receive any configuration for performing such a procedure. The rationale for said omission would merely be to avoid performing an procedure unless triggered to do so.
Regarding claims 14, 16, and 17, a similar rationale is equally applicable with the only differences being with regard to the condition for applying or not applying the parameter for either of the first or second transmissions; said differences would also be subject to the same design choice as noted by the Examiner above.
Re: Claim(s) 15, 18
Siomina in view of Li discloses those limitations as set forth in the rejection of claim(s) 1 and 5 above.
Siomina does/do not appear to explicitly disclose wherein the first parameter comprises a first indication and a second indication, the first indication is associated with a first SSB index and the second indication is associated with a second SSB index.
However, further attention is directed to Li which discloses said limitation (0398 - the network can dynamically indicate the indexes of SSBs that are successfully transmitted, such as through SIB1 or other SIBs. The Examiner notes that a plurality of SSBs (i.e. at least a first and second SSB index) is disclosed).
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 Siomina in view of Li invention by further employing the teaching as taught by Li to provide the ability to signal via SIB1 both LBT parameters and SSB indices. The motivation for the combination is given by Li (0001-0003).
Claim(s) 6-11, 21, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siomina as applied to claim 1 above, and further in view of US 20210185719 A1 to Xue; Yisheng et al.
Re: Claim(s) 6, 21, 22
Siomina discloses those limitations as set forth in the rejection of claim(s) 1 above.
Siomina does/do not appear to explicitly disclose being configured, by the base station, with a third parameter and/or a fourth parameter, wherein the third parameter comprises information relevant to the channel access procedure application for the first transmission, and/or the fourth parameter comprises information relevant to the channel access procedure application for the second transmission. In other words, Siomina does not appear to disclose configuring an update to the first and second parameters.
However, attention is directed to Xue which discloses said limitation (Figs. 12A-12C and 0149-0152 0151 - - FIG. 12A will be discussed in relation to FIGS. 12B and 12C to illustrate mechanisms for a temporary or time-dependent LBT configuration modification. 0150 - At time T0, the BS 205 transmits a configured grant 1250 to the UE 215, for example, via dynamic DCI signaling … The configured grant 1250 further includes an LBT configuration 1280 for the UE 215 to perform a CAT4 LBT (e.g., the CAT4 LBT 1240a, 1240b, or 1240c) prior to using a configured resource for transmission (e.g., the UL transmission 1242a, 1242b, or 1242c). 0151 - the BS 205 may dynamically modify the LBT configuration 1280 at a later time after transmitting the configured grant 1250 to modify a channel access contention priority for transmitting the earlier granted UL transmission(s). In the scheme 1200, the BS 205 may further indicate that the modification to the LB T configuration 1280 is temporary (e.g., during a certain time interval). In the illustrated example of FIG. 12A, at time T1, the BS 205 transmits an LBT configuration modification 1214 to modify the LBT configuration 1280 during a modification period 1202 between time T2 and T5. The LBT configuration modification 1214 may modify one or more of the LBT parameters indicating by the LBT configuration 1280. 0152 - Upon receiving the LBT configuration modification 1214, the UE 215 may apply the LBT configuration modification 1214 when transmitting a UL transmission in the modification period 1202, but may not apply the LBT configuration modification 1214 when transmitting a UL transmission outside the modification period 1202.).
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 Siomina invention by employing the teaching as taught by Xue to provide the ability for a network node to transmit, to the UE, a subsequent LBT configuration to be used for transmission occurring during a temporary duration of time. Siomina (as analyzed in the rejection of claim 1) already discloses the use of multiple LBT parameters for the uplink and downlink, respectively; therefore, when taken in combination with Xue, the result would be in a network node being capable of transmitting a temporary LBT configuration comprising temporary uplink and downlink LBT parameters. The motivation for the combination is given by Xue (0002-0004).
Re: Claim(s) 7
Siomina in view of Xue discloses those limitations as set forth in the rejection of claim(s) 1 and 6 above.
Siomina does/do not appear to explicitly disclose wherein the UE is configured to receive a second information from the base station, and the second information comprises the third parameter and/or the fourth parameter.
However, further attention is directed to Xue which discloses said limitation (see as analyzed in the rejection of claim 6 above).
Re: Claim(s) 8
Siomina in view of Xue discloses those limitations as set forth in the rejection of claim(s) 1 and 6 above.
Siomina does/do not appear to explicitly disclose wherein when the UE receives the third parameter and the first parameter, the UE uses the third parameter to determine the channel access procedure application for the first transmission; when the UE receives the second parameter and the fourth parameter, the UE uses the fourth parameter to determine the channel access procedure application for the second transmission.
However, further attention is directed to Xue which discloses said limitation (see as analyzed in the rejection of claim 6 above. The Examiner notes that the LBT parameters for the modification period supersede the previously configured LBT parameters).
Re: Claim(s) 9
Siomina in view of Xue discloses those limitations as set forth in the rejection of claim(s) 1 and 6 above.
Siomina does/do not appear to explicitly disclose wherein when the third parameter is absent, the UE follows the first parameter to determine the channel access procedure application for the first transmission; when the fourth parameter is absent, the UE follows the second parameter or the third parameter to determine the channel access procedure application for the second transmission.
However, further attention is directed to Xue which discloses said limitation (see as analyzed in the rejection of claim 6. Further, Examiner notes that it is implicit that if a LBT modification is not provided by the network node (BS) then the UE would merely utilize the previously configured LBT configuration. This is evident from Xue (at least Figs. 12A-12C where the UE uses the previously configured LBT configuration outside of the modification period; therefore, in the absence of a modification period being configured, the UE would presumable use the previously configured LBT configuration).
Re: Claim(s) 10
Siomina in view of Xue discloses those limitations as set forth in the rejection of claim(s) 1 and 6 above.
Siomina does/do not appear to explicitly disclose wherein the UE receives a third information from the base station, and the third information comprises a fifth parameter; the fifth parameter is used to determine the channel access procedure application for the first transmission and/or the second transmission.
However, further attention is directed to Xue which discloses said limitation (Figs. 12A-12C and 0149-0152 - the BS 205 may dynamically modify the LBT configuration 1280 at a later time after transmitting the configured grant 1250 to modify a channel access contention priority for transmitting the earlier granted UL transmission(s). In the scheme 1200, the BS 205 may further indicate that the modification to the LBT configuration 1280 is temporary (e.g., during a certain time interval). The Examiner notes that said indication is analogous to the claimed third information comprising a fifth parameter (i.e. the duration)).
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 Siomina in view of Xue invention by further employing the teaching as taught by Xue to provide the ability to indicate a time duration for a temporary LBT modification period. The motivation for the combination is given by Xue (0002-0004).
Re: Claim(s) 11
Siomina in view of Xue discloses those limitations as set forth in the rejection of claim(s) 1, 6 and 10 above.
Siomina does/do not appear to explicitly disclose wherein determination from the third information, the second information, or the first information for the channel access procedure application for the first transmission and/or the second transmission is valid for a duration; the duration is determined from the third information or the duration is pre-configured.
However, further attention is directed to Xue which discloses said limitation (Figs. 12A-12C and 0149-0152 - the BS 205 may dynamically modify the LBT configuration 1280 at a later time after transmitting the configured grant 1250 to modify a channel access contention priority for transmitting the earlier granted UL transmission(s). In the scheme 1200, the BS 205 may further indicate that the modification to the LBT configuration 1280 is temporary (e.g., during a certain time interval). The Examiner notes that said indication is analogous to the claimed third information comprising a fifth parameter (i.e. the duration)).
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 Siomina in view of Xue invention by further employing the teaching as taught by Xue to provide the ability to indicate a time duration for a temporary LBT modification period. The motivation for the combination is given by Xue (0002-0004).
Conclusion
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 KASHIF SIDDIQUI whose telephone number is (571)270-3188. The examiner can normally be reached on M-R 6:00 EST to 16:00 EST.
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/KASHIF SIDDIQUI/Primary Examiner, Art Unit 2415
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