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 03/02/2026 have been fully considered but they are not persuasive. Applicant asserts:
That Park fails to disclose or suggest the wireless device "transmit[s], based on a second downlink RS and a listen-before-talk (LBT) type, an uplink signal during the first COT duration, wherein the LBT type is determined among a first LBT type and a second LBT type based on whether the first downlink RS is the same as the second downlink RS," as recited in claim 1.
As an initial matter, the Examiner notes that Applicant appears to take a particular interpretation of “wherein the LBT type is determined among a first LBT type and a second LBT type based on whether the first downlink RS is the same as the second downlink RS” (emphasis added to denote the interpreted language). The aforementioned limitation appears to denote a condition, however, as constructed, the condition appears to only require that the LBT type is determined based on whether the first downlink RS is the same as the second downlink RS. The term “whether” – given its broadest reasonable interpretation – does not demand that the RS for first and second LBT type are the same. Rather, what is required per the claim language is merely that the basis for determining the LBT type is conditioned on a comparison of the RS of first and second LBT types with the possibility that they are the same or different. In other words, the claim is not positively reciting the requirement that the LBT type is determined among a first LBT type and a second LBT type based on when the first downlink RS is the same as the second downlink RS.
With regard to the argued claim limitation with respect to Park, in light of Examiner’s interpretation denoted above, Park discloses comparing the RS of the LBT group indicated in the control command 2316 with the RS determined after receiving configuration parameters 2312. The LBT type is determined based upon this comparison (Fig. 23). In other words, in the case that the RS is not associated with the LBT group, this would mean that the LBT is associated with a different RS; therefore, the uplink transmission 2320 is based on a the LBT type and an RS that is not the original RS (i.e. second RS). Therefore, the LBT type is based on the interpretation of “whether” discussed above in the case where the RS of the first and second LBT are different.
The Examiner suggests that Applicant consider amending the claims to recite “wherein the LBT type is determined among a first LBT type and a second LBT type based on
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20220039163 A1 to Park; Jonghyun et al.
Re: Claim(s) 1, 8, 15
Park discloses a wireless device (Fig. 15A – 1502)
comprising: one or more processors (Fig. 15A – 1518);
and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: (Fig. 15A – 1524)
receive downlink control information (DCI) indicating a first channel occupancy time (COT) duration associated with a first downlink reference signal (RS) (Fig. 22 and 0279 - The base station may send/transmit (e.g., broadcast, or multicast, etc.) group-common (GC)-DCI 2216 to one or more wireless devices, for example, based on (e.g., in response to) to successful CCA based on the LBT procedure 2212. The GC-DCI 2216 may comprise a channel occupancy time (COT) duration indicator and one or more indications for available resource block (RB) sets. Fig. 23 and 0287 - The wireless device 2308 may receive a message (e.g., control command 2316, control information) … The control command 2316 may be a group common (GC) control message (e.g., GC-DCI, broadcast DCI, multicast DCI, broadcast MAC CE command, or a multicast MAC-CE command, etc.). The GC control message may be sent/transmitted to one or more wireless devices. The GC control message may indicate a COT duration (e.g., in addition to indicating the LBT beam group). Various examples herein may improve an LBT beam indication flexibility, for example, by grouping of one or more RSs (e.g., beams) with an LBT beam group. The indication of the LBT beam group by the control command may simultaneously indicate more than one RSs associated with the LBT beam group. The configuration parameters for the grouping may flexibly associate an LBT beam group with a plurality of RSs);
and transmit, based on a second downlink RS and a listen-before-talk (LBT) type, an uplink signal during the first COT duration (Fig. 23 and 0288 - The wireless device 2308 may determine an LBT type (e.g., channel access procedure type, LBT procedure type) for transmission of an uplink signal 2320. The wireless device 2308 may determine an LBT type, for example, based on (e.g., in response to) receiving the control command 2316. The wireless device 2308 may determine an LBT type, for example, based on whether the LBT beam group (e.g., indicated by the control command 2316) is associated with the RS … The LBT type may be a first LBT type, for example, based on the RS being associated with the LBT beam group … The LBT type may be a second LBT type, for example, based on the RS not being associated with the LBT beam group. The Examiner notes that in the case that the RS is not associated with the LBT group, this would mean that the LBT is associated with a different RS; therefore, the uplink transmission 2320 is based on a the LBT type and an RS that is not the original RS (i.e. second RS). 0290 - The wireless device 2308 may send/transmit the uplink signal 2320. The wireless device 2308 may send/transmit the uplink signal 2320 within an indicated COT),
wherein the LBT type is determined among a first LBT type and a second LBT type based on whether the first downlink RS is the same as the second downlink RS (See Id. – LBT type based on whether the LBT beam group is associated with the same RS as previously determined).
Park further discloses:
a base station comprising: one or more processors; and memory (Fig. 15A – 1504 comprises 1508 and 1514) in communication with the wireless device of claim 1, as required by claim 8; and
a non-transitory computer-readable medium (Fig. 15A – 1524 and 0193) corresponding to claim 1, as required by claim 15.
Re: Claim(s) 2, 9, 16
Park discloses wherein the DCI further indicates a plurality of COT durations comprising the first COT duration (Fig. 25 and 0293 - FIG. 25 shows an example format of a message. The message may be a control command (e.g., the control command 2316 as described with respect to FIG. 23). Fig. 25 comprises a plurality of blocks, each with a COT duration indicator).
Re: Claim(s) 3, 10, 17
Park discloses wherein the LBT type is the first LBT type without a back-off value in response to the first downlink RS being the same as the second downlink RS (0288 - The LBT type may be a first LBT type, for example, based on the RS being associated with the LBT beam group. The first LBT type may correspond to an LBT procedure without random back-off (e.g., an LBT type without contention, an LBT type without an applied contention window, a short LBT type, or a short-term LBT category, category 2 LBT, etc.)).
Re: Claim(s) 4, 11, 18
Park discloses wherein the LBT type is the second LBT type with a back-off value in response to the first downlink RS being different from the second downlink RS (0288 - The LBT type may be a second LBT type, for example, based on the RS not being associated with the LBT beam group. The second LBT type may correspond to an LBT procedure with random back-off (e.g., an LBT type with random back-off with a contention window of fixed size, an LBT type with random back-off with a contention window of variable size, an LBT type with contention, a long LBT type, or a long-term LBT category, category 4 LBT, etc.)).
Re: Claim(s) 5, 12, 19
Park discloses receiv[ing] one or more radio resource control (RRC) messages comprising configuration parameters indicating a plurality of LBT beam groups, wherein each LBT beam group of the plurality of LBT beam groups is associated with at least one of the first downlink RS or the second downlink RS (Fig. 23 – 2312).
Re: Claim(s) 6, 13
Park discloses receiv[ing] one or more radio resource control (RRC) messages comprising configuration parameters indicating each of the plurality of COT durations is associated with a respective LBT beam group of a plurality of LBT beam groups (Fig. 25).
Re: Claim(s) 7, 14
Park discloses wherein: the first COT duration is associated with a first LBT beam group comprising the first downlink RS; and the LBT type, during the first COT duration, is the first LBT type in response to: the first COT duration being associated with the first LBT beam group comprising the first downlink RS; and the first downlink RS being the same as the second downlink RS (See analysis of the rejection of claim 1 and Fig. 27).
Re: Claim(s) 20
Park discloses receiv[ing] one or more radio resource control (RRC) messages comprising configuration parameters indicating each of the plurality of COT durations is associated with a respective LBT beam group of a plurality of LBT beam groups (Fig. 25)
wherein: the first COT duration is associated with a first LBT beam group comprising the first downlink RS; and the LBT type, during the first COT duration, is the first LBT type in response to: the first COT duration being associated with the first LBT beam group comprising the first downlink RS; and the first downlink RS being the same as the second downlink RS (See analysis of the rejection of claim 1 and Fig. 27).
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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