Prosecution Insights
Last updated: April 19, 2026
Application No. 18/695,527

SYSTEMS AND METHODS FOR ACQUIRING SSB MISSED DUE TO LISTEN BEFORE TALK (LBT) FAILURES IN 5G NEW RADIO NETWORKS OPERATING IN UNLICENSED BANDS (NR U)

Non-Final OA §103
Filed
Mar 26, 2024
Examiner
HO, DAO Q
Art Unit
2432
Tech Center
2400 — Computer Networks
Assignee
InterDigital Patent Holdings, Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
565 granted / 679 resolved
+25.2% vs TC avg
Strong +32% interview lift
Without
With
+32.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
710
Total Applications
across all art units

Statute-Specific Performance

§101
11.6%
-28.4% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 679 resolved cases

Office Action

§103
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 This is a reply to the application filed on 3/26/2024, in which, claim(s) 1-12 are pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/26/2024, has been reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner is considering the information disclosure statement. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Drawings The drawings filed on 18/695527 is/are accepted by The Examiner. Claim Objections Claims 1 and 7 are objected to because of the following informalities: The claims contain abbreviation “receiving a PDCCH…”, without properly defining what it represent (emphasis added). Appropriate correction is required. Claims 4 and 10 are objected to because of the following informalities: The claims contain repeating “a a prioritization mode” (emphasis added). Appropriate correction is required. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 20210194745 A1; hereinafter Pan) in view of Kim et al. (US 20190215790 A1; hereinafter Kim). Regarding claims 1 and 7, Pan discloses a method performed by a wireless transmit receive unit for receiving synchronization signal block (SSB) (wireless communication receiving SSB [Pan; Fig. 2 and associated texts]); the method comprising: receiving a candidate SSB in a set of symbols in a slot (Each SSB may include a primary synchronization signal (PSS), a secondary synchronization signal (SSS), and a PBCH (physical broadcasting channel, a combination of DMRS positions/locations and sequences may be used to indicate SSB indexes. A subset of bits, or example, one or two bits, may be indicated via the DMRS location. Bits not indicated by the DMRS location may be indicated via one or more sequences. A combination of CS and/or m0/m1 and/or positions may be used to indicate SSB indexes [Pan; ¶107-117; Fig. 2-3 and associated texts]); receiving an indication of a mode of association between candidate SSB positions and candidate SSB index (A portion of an SSB index may be determined implicitly from a PBCH DMRS sequence and the rest of the SSB index may be determined explicitly from a PBCH payload. An idle mode, a set of parameters for used and/or unused SSBs may be received or provided via NR-PBCH, via remaining minimum system information, and/or via other system information. In a radio resource control (RRC) connected mode, a set of parameters for used and/or unused SSBs may be signaled via RRC signaling, MAC or MAC CE, and/or physical layer signaling such as NR-PDCCH or NR-ePDCCH. Additionally, SSBs may be reused for reference signal transmission. For example, SSBs may be reused for CSI-RS transmission such as for channel state information reference signals (CSI-RS), and/or sound reference signals (SRS). Unused SSBs may allow for the resources reserved for SSBs to be reused for other signal or channel transmissions. Additionally or alternatively, a set or subset of SSBs may be transmitted but may not be used for initial access or synchronization purposes. Such set or subset of SSBs may be transmitted to support other procedures such as, for example, beam management. For DL beam management SSBs may be used to enable P−1, P−2 and P−3 procedures. Further, in idle mode, used and/or unused SSBs may be signaled. The SSBs may be signaled via, for example, NR-PBCH where bits representing unused SSBs may be carried in a NR-PBCH payload. Alternatively or in addition, the SSBs may be signaled via remaining minimum system information where bits representing unused SSBs may be carried in remaining minimum system information that can be scheduled by NR-PBCH. Alternatively or in addition, SSBs may be signaled via other system information where bits representing unused SSBs may be carried in other system information that can be scheduled by the remaining minimum system information [Pan; ¶74-78, 147-155; Fig. 2-5 and associated texts]); determining a candidate SSB index associated with the candidate SSB (Each SSB may include a primary synchronization signal (PSS), a secondary synchronization signal (SSS), and a PBCH (physical broadcasting channel), obtain SSB index time indication and to reuse or use the unused SSBs are needed. A portion of an SSB index may be determined implicitly from a PBCH DMRS sequence and the rest of the SSB index may be determined explicitly from a PBCH payload. An SSB index determined implicitly may be determined based on the energy levels or correlation levels of a signal such that bits in the SSB index may correspond to energy levels or correlation levels of a signal exceeding an energy or correlation threshold [Pan; ¶74-78; Fig. 2-5 and associated texts]); determining a symbol number of a symbol in the set of symbols and [a slot number of the slot based on the candidate SSB index and the indicated mode of association] (a combination of DMRS positions/locations and sequences may be used to indicate SSB indexes. A combination of CS and/or m0/m1 and/or positions may be used to indicate SSB indexes. Table 13 shows an example number of bits and number of CS (ZC), m0 (m sequence) and position combination that correspond to L, a number of SSBs. In a multi-level indexing may be used to indicate used and unused SSBs. An SS burst index and SSB index may be used. Two bitmap indicators may be used such that a first bitmap indicator (Group-Bitmap) may correspond to an SS burst index (e.g., an SSB group index) and a second bitmap indicator (Bitmap-in-Group) may correspond to an SSB index. The first bitmap indicator may be used to indicate the used SS bursts and the second bitmap indicator may be used to indicate the used or unused SSBs in the SS bursts that are indicated as used. An SS burst may be a SSB group, or the like. The first bitmap indicator may be used as coarse indicator and the second bitmap indicator may be used as fine indicator. According to another method, an OFDM symbol index may be used to indicate the inactive OFDM symbols within an SSB. The OFDM symbol index may be used to indicate inactive OFDM symbols across all SSBs. The used or unused OFDM symbols may be the same for every SSB. Alternatively, the OFDM symbol index may be used to indicate inactive OFDM symbols for a part of the used SSBs [Pan; ¶107-110, 142-155; Fig. 8-9 and associated texts]). Pan discloses transmitted SSBs may be determined using a multi-level two stage compressed indication where SSB groups are determined based on a coarse indicator and actually transmitted SSBs with the SSB groups are determined based on a fine indicator. Pan does not explicilty discloses a slot number of the slot based on the candidate SSB and the indicated mode of association; however, in a related and analogous art, Kim teaches this feature. In particular, Kim teaches method for receiving a synchronization signal block (SSB) by a UE in a wireless communication system according to an embodiment of the present disclosure includes receiving at least one SSB mapped to a plurality of symbols, wherein two regions for candidate SSBs in which the at least one SSB can be received are allocated in a specific time duration including the plurality of symbols, wherein a time between the two regions, a time before the two regions and a time after the two regions are identical in the specific time duration. Further, 4 symbols may be included in the identical time when a subcarrier spacing of the SSB is a first value, and 8 symbols may be included in the identical time when the subcarrier spacing of the SSB is a second value. The number of slots included in the predetermined time may be 2 when the subcarrier spacing of the SSB is the first value and the number of slots included in the predetermined time may be 4 when the subcarrier spacing of the SSB is the second value, in symbols with symbol index 1 to symbol index 12 may be used for transmission of a physical channel (e.g., PDSCH) carrying DL data, and also for transmission of a physical channel (e.g., PUSCH) carrying UL data. In this slot structure, a time gap is required to allow a gNB and a UE to switch from a transmission mode to a reception mode or from the reception mode to the transmission mode. For the switching between the transmission mode and the reception mode, some OFDM symbol corresponding to a DL-to-UL switching time is configured as a guard period (GP) in the slot structure [Kim; ¶7-19, 53-57, 83-85; Figs. 2-4 and associated text]. It would have been obvious before the effective filing date of the claimed invention to modify Pan in view of Kim spacing of the SSB is the first value and the number of slots with the motivation to efficiently perform control information transmission and reception for data transmission [Kim; ¶20]; receiving a PDCCH transmission using a timing determined based on the determined symbol number and slot number (signaling such as NR-PDCCH or NR-ePDCCH using SSB index timing, signals are transmitted in the subframes of every radio frame and are used for time and frequency synchronization during initialization. A WTRU may synchronize sequentially to the OFDM symbol, slot, subframe, half-frame, and radio frame based on the synchronization signals. LTE synchronization signals and PBCH may be transmitted continuously according to a standardized periodicity, DMRS phase rotation of OFDM symbols may be used to indicate SSB indexes. A subset of bits may be indicated via phase rotations and another subset or the rest of the bits may be indicated via sequences. For example, for multiple OFDM symbols, phase rotation may be applied on the second or remaining N−1 PBCH OFDM symbols with respect to the first PBCH OFDM symbol for total N PBCH OFDM symbols [Pan; ¶72-78, 107-114; Fig. 2-5 and associated texts], The number of slots included in the predetermined time may be 2 when the subcarrier spacing of the SSB is the first value and the number of slots included in the predetermined time may be 4 when the subcarrier spacing of the SSB is the second value, in symbols with symbol index 1 to symbol index 12 may be used for transmission of a physical channel (e.g., PDSCH) carrying DL data, and also for transmission of a physical channel (e.g., PUSCH) carrying UL data. In this slot structure, a time gap is required to allow a gNB and a UE to switch from a transmission mode to a reception mode or from the reception mode to the transmission mode. For the switching between the transmission mode and the reception mode, some OFDM symbol corresponding to a DL-to-UL switching time is configured as a guard period (GP) in the slot structure [Kim; ¶7-19, 53-57, 83-85; Figs. 2-4 and associated text]). The motivation to efficiently perform control information transmission and reception for data transmission [Kim; ¶20]. Regarding claims 2 and 8, Pan-Kim combination discloses wherein the indicated mode of association is either a first mode or a second mode (the sets of parameters may be provided via one or more indicators in SSBs, the parameters indicate the mode [Pan; ¶146-158; Fig. 2-5 and associated texts], transmission mode to a reception mode or from the reception mode to the transmission mode [Kim; ¶53-57, 83-85; Figs. 2-4 and associated text]). The motivation to efficiently perform control information transmission and reception for data transmission [Kim; ¶20]. Regarding claims 3 and 9, Pan-Kim combination discloses wherein the slot number is a first slot number when the mode of association is the first mode of association, and the slot number is a second slot number when the mode of association is the second mode of association (transmission mode to a reception mode or from the reception mode to the transmission mode [Kim; ¶53-57, 83-85; Figs. 2-4 and associated text]). The motivation to efficiently perform control information transmission and reception for data transmission [Kim; ¶20]. Regarding claims 4 and 10, Pan-Kim combination discloses wherein the mode of association is a a prioritization mode, where SSBs at the beginning of each SSB candidate bundle are prioritized (in a SS burst, the SS Block #1 has priority [Pan; ¶74-75]). Regarding claims 5 and 11, Pan-Kim combination discloses wherein the mode of association is a hybrid model based on priority and first missed-first served (SSB index may be carried in NR-PBCH using explicit methods, implicit methods or combination of explicit and implicit methods such as a hybrid method. It will be understood that an L value may be determined based on the configuration of a WTRU such that, for a given configuration such as a frequency band associated with the WTRU, a corresponding L value may be determined [Pan; ¶86-87]). Regarding claims 6 and 12, Pan-Kim combination discloses wherein the indication is received in a master information block (MIB) (system information is configured with a master information block (MIB) and system information blocks (SIBs). Each SIB includes a set of functionally related parameters and is categorized into an MIB, SIB Type 1 (SIB1), SIB Type 2 (SIB2), and SIB3 to SIB8 according to the included parameters [Kim; ¶56-59]). The motivation to efficiently perform control information transmission and reception for data transmission [Kim; ¶20]. Internet Communications Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http:ljwww.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAO Q HO whose telephone number is (571)270-5998. The examiner can normally be reached on 7:00am - 5:00pm. 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, Jeffrey Nickerson can be reached on (469) 295-9235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAO Q HO/Primary Examiner, Art Unit 2432
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Prosecution Timeline

Mar 26, 2024
Application Filed
Feb 20, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+32.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 679 resolved cases by this examiner. Grant probability derived from career allow rate.

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