CTNF 18/584,785 CTNF 81109 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Arguments Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1, 3-4, 6, 8-9, 11, 13-14, 16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 2022/0385351) in view of Thangarasa (US 2022/0167397) . Regarding claims 1 and 6 , Zhou describes method performed by a user equipment (UE)/UE in a communication system (fig. 2 UE 115), comprising: [a transceiver; and a processor coupled with the transceiver and configured to:] (fig. 9 & para. 125, device 905 being a UE comprising processor 940 & memory 930) receiving configuration information associated with a beam failure recovery (BFR) including beam failure detection reference signal (BFD-RS) resources (fig. 2 & para. 77, BFD procedure includes base station 105 transmitting configuration information 215 to UE 115 comprising resources for BFD-RS 220, the BFD (beam failure detection) is being used for BFR (beam failure recovery), para. 3), wherein the BFD-RS resources are configured in an unlicensed band (para. 54 or 65, using unlicensed RF bands); incrementing a beam failure instance indication (BFI) counter, wherein the BFI counter is incremented by 1 in case that a BFI is identified based on radio link quality associated with the BFD-RS (para. 11, increasing the adaptive maximum BFI count threshold (beam failure instance indication (BFI) counter) based at least on part on determining that a BFI is detected (identified), the BFI identifying a beam failure from SINR (radio link quality) measurements of the 1+ BFD-RS, para. 35); receiving information associated with a first number of periods for the BFD-RS resources (fig. 2 & para. 77, UE receiving periodic reference signals 220 (information), depicted in drawing as three (number of) periods); and decrementing the incremented BFI counter based on the information associated with the first number of periods, (para. 11 in view of para. 77, decreasing the adaptive maximum BFI count threshold (beam failure instance indication (BFI) counter) based on determining that BFI is detected for consecutive periods, depicted in fig. 2 as 3 periods (first number of periods) of reference signals 220 received right before sending beam failure declaration 225). Zhou fails to further explicitly describe: wherein at least part of the first number of periods is associated with listen before talk (LBT) failure. Thangarasa also describes unlicensed spectrum beam failure detection (para. 1 & 34), further describing: wherein at least part of the first number of periods is associated with listen before talk (LBT) failure (para. 82, If UE’s radio link monitoring (RLM) during a time period part of first number of periods) did not receive reference signals from serving network node, it is due to LBT failure). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that within the first number of periods in Zhou to be associated with LBT failure as in Thangarasa. The motivation for combining the teachings is that this provide a beam management procedure that is adaptive by extending its evaluation period (Thangarasa, title & para. 82) Regarding claims 3 and 8 , Zhou and Thangarasa combined describe: triggering the BFR in case that the incremented BFI counter reaches a value equal to or higher than the maximum BFI counter (para. 9, BFI count triggers a beam failure declaration); and cancelling the triggered BFR based on the information associated with the second first number of periods is received (para. 9, second adjustment to the BFI count is reset to zero (cancelled) when a subsequent period of the set of multiple periods fails to generate a BFI), wherein the BFI counter is incremented until the incremented BFI counter reaches the value equal to or higher than the configured maximum BFI counter (para. 9, tis the definition of BFI count threshold). Regarding claims 4 and 9 , Zhou and Thangarasa combined describe: wherein the information associated with the second first number of periods is received in a period for the BFD-RS resources after a last period of the second first number of periods (fig. 2 & para. 77, UE receiving third periodic BFD-RS 220 (information) after 2 periods (second first number of periods), as depicted in drawing). Regarding claims 11 and 16 , Zhou describes a method performed by a base station (BS)/BS (fig. 2 #105) in a communication system, comprising: [a transceiver; and a processor coupled with the transceiver and configured to:] (fig. 13 & para. 155, device 1305 being a BS comprising processor 1340 & memory 1330) transmitting configuration information associated with beam failure recovery (BFR) including beam failure detection reference signal (BFD-RS) resources, wherein the BFD-RS resources are configured in an unlicensed band (fig. 2 & para. 77, BFD procedure includes base station 105 transmitting configuration information 215 to UE 115 comprising resources for BFD-RS 220, the BFD (beam failure detection) is being used for BFR (beam failure recovery), para. 3), wherein the BFD-RS resources are configured in an unlicensed band (para. 54 or 65, using unlicensed RF bands); transmitting information associated with a first number of periods for the BFD-RS resources (fig. 2 & para. 77, BS transmitting periodic reference signals 220 (information), depicted in drawing as three (first number of) periods); wherein increment of a beam failure instance indication (BFI) counter by 1 is based on a BFI based on radio link quality associated with the BFD-RS resources (para. 11, increasing the adaptive maximum BFI count threshold (beam failure instance indication (BFI) counter) based at least on part on determining that a BFI is detected (identified), the BFI identifying a beam failure from SINR (radio link quality) measurements of the 1+ BFD-RS, para. 35); wherein the information associated with the first number of periods is for decrement of the incremented BFI counter (para. 11 in view of para. 77, decreasing the adaptive maximum BFI count threshold (beam failure instance indication (BFI) counter) based on determining that BFI is detected for consecutive periods, depicted in fig. 2 as 3 periods (first number of periods) of reference signals 220 received right before sending beam failure declaration 225). Zhou fails to further explicitly describe: performing listen before talk (LBT) operations for transmissions of the BFD-RS resources, and determining whether to perform the transmissions of the BFD-RS resources based on the LBT operations; wherein at least part of the first number of periods is associated with listen before talk (LBT) failure. Thangarasa also describes unlicensed spectrum beam failure detection (para. 1 & 34), further describing: performing listen before talk (LBT) operations for transmissions of the BFD-RS resources, and determining whether to perform the transmissions of the BFD-RS resources based on the LBT operations (para. 82, in BS-UE communication, radio link monitoring & reference signals (RS) measurements are performed when receiving RSs unless LBT failure occurs); wherein at least part of the first number of periods is associated with listen before talk (LBT) failure (para. 82, If UE’s radio link monitoring (RLM) during a time period part of first number of periods) did not receive reference signals from serving network node, it is due to LBT failure). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that within the first number of periods in Zhou to be associated with LBT failure as in Thangarasa. The motivation for combining the teachings is that this provide a beam management procedure that is adaptive by extending its evaluation period (Thangarasa, title & para. 82). Regarding claims 13 and 18 , Zhou and Thangarasa combined describe: wherein the information associated with the second first number of periods is transmitted in a period for the BFD- RS resources after a last period of the second first number of periods (fig. 2 & para. 77, UE receiving third periodic BFD-RS 220 (information) after 2 periods (second first number of periods), as depicted in drawing). Regarding claims 14 and 19 , Zhou and Thangarasa combined describe: wherein the information associated with the second first number of periods is transmitted in a period for the BFD-RS resources after an offset from a last period of the second first number of periods (fig. 2 & para. 77, UE receiving at start (offset) of third period the BFD-RS 220 (information) after 2 periods (second first number of periods), as depicted in drawing) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2, 5, 7, 10, 12, 15, 17 and 20 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. Regarding claims 2 and 7 , the prior art fails to further explicitly describe: wherein decrementing the incremented BFI counter is performed in case that the BFR is not triggered based on the incremented BFI counter being less than a configured maximum BFI counter, wherein the incremented BFI counter is decremented by a second number of BFIs identified based on the information associated with the second first number of periods, and wherein a beam failure detection timer is restored or restarted in case that the first second number of BFIs include a last BFI that increments the BFI counter. Regarding claims 5 and 10 , the prior art fails to further explicitly describe: wherein the information associated with the second first number of periods is a bitmap including the first number of bits, wherein each bit among the first number of bits corresponds to each of the first number of periods, wherein a bit with a first value among the first number of bits indicates that a BFD-RS resource in a corresponding period among the first number of periods is associated with the LBT failure, and wherein a bit with a second value among the first number of bits indicates that a BFD-RS resource in a corresponding period among the first number of periods is associated with LBT success. Regarding claims 12 and 17 , the prior art fails to further explicitly describe: wherein the decrement of the incremented BFI counter is associated with the BFR is not triggered based on the incremented BFI counter being less than a configured maximum BFI counter, and wherein the information associated with the second first number of periods is associated with a second number of BFIs for the decrement of the incremented BFI counter. For claims 2, 5, 7, 10, 12, 15, 17 and 20, the closest prior art, Zhou describing the maximum BFI count threshold value being increased in order to reduce the impact of interference BFIs 510 by increasing the maxCount threshold, and Yao (US 20230239924) describing incrementing a count of a beam failure indication counter when BLER satisfies a predetermined PDCCH BLER target; decrementing the count of the beam failure indication counter in response to an access node (AN) not being scheduled to transmit the reference signal within the downlink communication beam; and identifying the downlink communication beam as failing when the count of the beam failure counter satisfies a predetermined number of beam failure indications during the BFD window (para. 18), in combination, fail to render the above features obvious. Regarding claims 15 and 20 , the prior art fails to further explicitly describe: wherein the information associated with the second first number of periods is a bitmap [[of]] including the second first number of bits, wherein each bit [[of]] among the second first number of bits corresponds to each of the second first number of periods, wherein a bit with a first value among the second first number of bits indicates that a BFD-RS resource in a corresponding period among the second first number of periods is not transmitted due to the LBT failure, and wherein a bit with a second value among the second first number of bits indicates that a BFD-RS resource in a corresponding period among the second first number of periods is transmitted. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARNER WONG whose telephone number is (571)272-8197. The examiner can normally be reached M-F 7am - 3:30pm. 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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. WARNER WONG Primary Examiner Art Unit 2469 /WARNER WONG/Primary Examiner, Art Unit 2469 Application/Control Number: 18/584,785 Page 2 Art Unit: 2469 Application/Control Number: 18/584,785 Page 3 Art Unit: 2469 Application/Control Number: 18/584,785 Page 4 Art Unit: 2469 Application/Control Number: 18/584,785 Page 5 Art Unit: 2469 Application/Control Number: 18/584,785 Page 6 Art Unit: 2469 Application/Control Number: 18/584,785 Page 7 Art Unit: 2469 Application/Control Number: 18/584,785 Page 8 Art Unit: 2469 Application/Control Number: 18/584,785 Page 9 Art Unit: 2469
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