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 .
Response to Amendment
Amendments filed on 05/28/2026 are entered for prosecution. Claims 1-4, 6-10 and 12-14 remain pending in the application. The amendments change the scopes of the previously presented claims. New grounds of rejections are applied to the amended claims and the current Office Action is made FINAL as necessitated by the claim amendments.
Applicant’s amendments to the drawings have overcome the drawings objection previously set forth in the Non-Final Office Action.
Applicant’s amendments to the claims have overcome each and every rejection based on 35 USC § 112 of the claims previously set forth in the Non-Final Office Action.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 6-10 and 12-14 in a reply filed 05/28/2026 (hereinafter, Remarks) regarding newly added limitations have been considered but are moot because the arguments do not apply to the current references being used in the current rejection.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8 “failure MAC Control Element, CE” should read “failure MAC Control Element (CE)”
Appropriate correction is required.
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)(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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-10, and 12-14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Babaei (US 20210298081 A1, hereinafter, BABAEI).
Regarding claim 1, BABAEI discloses:
A method for performing operations of a User Equipment (UE) ([0057] The wireless device may be referred to as a user equipment (UE)) in a wireless communication system ([0052] a wireless device and/or one or more base stations in unlicensed... of wireless communication systems... relate to beam failure and consistent listen-before-talk (LBT) failure recovery), the method comprising: receiving (Fig. 34), by a medium access control (MAC) entity of a user equipment (UE) from a network ([0137] A wireless device may receive one or more messages from a base station... The one or more messages may comprise configuration parameters of a plurality of cells for the wireless device; [0138] the configuration parameters may include values of timers used in physical, MAC, RLC, PCDP, SDAP, and/or RRC layers), information related to at least one first maximum Listen-Before-Talk (LBT) failure instance count per beam ([0352] The first configuration for beam failure recovery may comprise a first parameter (e.g., beamFailurelnstanceMaxCount) indicating a first number of beam failure instances that triggers beam failure recovery... The detection of the beam failure may be based on a beam failure instance indication counter reaching the first number (e.g., the beam reaches the maximum number of failure instance indication(s))) and a second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)) for a serving cell ([0348] The configuration parameters may comprise serving cell configuration parameters of one or more cells... The configuration parameters may comprise first configuration parameters for beam failure recovery and second configuration parameters for LBT failure recovery);
based on LBT failure indications counted per beam and the at least one first maximum LBT failure instance count ([0352] the wireless device may increment the beam failure instance (e.g., beamFailurelnstanceMaxCount) indication counter by one based on a beam failure indication, for example reception of the beam failure indication by a MAC layer of the wireless device from a physical layer of the wireless device), determining, by the MAC entity ([0190] the wireless device may detect/determine consistent uplink LBT failures to detect/determine uplink LBT problems. A MAC entity of the wireless device may receive notifications of uplink LBT failures from the physical layer to detect consistent uplink LBT failures), a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352];) on which consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];) among a plurality of beams (Fig. 14A-14C); and based on a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352]; (hence the first configuration is at least = 1)), on which the consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];), being equal to or greater than the second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)), triggering, by the UE, a consistent LBT failure procedure ([0354] In response to the triggering of the consistent LBT failure for the primary cell, the wireless device may stop the first random access procedure... The wireless device may switch from the first BWP of the primary cell to a second BWP of the primary cell... The wireless device may initiate the second random access process in the second BWP of primary cell based on the random access parameters configured for the second BWP of the primary cell and using the random access occasions/resources configured for the second BWP of the primary cell).
Regarding claims 2 and 8, BABAEI further discloses:
based on the consistent LBT failure procedure being triggered ([0354] The wireless device may initiate the second random access process in the second BWP of primary cell), transmitting a LBT failure MAC Control Element (CE) ([0355] The second random access process, for consistent LBT failure recovery, may comprise transmitting a transport block (TB), e.g., via a Msg3 message (in a four-step random access process) or a MsgA message (in a two-step random access process). The TB may comprise an LBT failure MAC CE... The LBT failure MAC CE may indicate for which serving cell(s) the consistent LBT failure is triggered).
Regarding claims 3 and 9, BABAEI further discloses:
wherein the LBT failure MAC CE includes information related to at least one of the beams on which the consistent LBT failures are detected ([0355] The LBT failure MAC CE may indicate for which serving cell(s) the consistent LBT failure is triggered), and wherein, based on a number of LBT failure indications related to a first beam ([0352] the wireless device may increment the beam failure instance (e.g., beamFailurelnstanceMaxCount) indication counter by one based on a beam failure indication, for example reception of the beam failure indication by a MAC layer of the wireless device from a physical layer of the wireless device) among the plurality of beams (Fig. 14A-14C) being equal to or greater than the at least one first maximum LBT failure instance count ([0352] The first configuration for beam failure recovery may comprise a first parameter (e.g., beamFailurelnstanceMaxCount) indicating a first number of beam failure instances that triggers beam failure recovery... The detection of the beam failure may be based on a beam failure instance indication counter reaching the first number (e.g., the number of beam indication(s) equals to the maximum number of beam failure instances), the consistent LBT failures for the first beam is considered as being detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)).
Regarding claims 4 and 10, BABAEI further discloses:
wherein triggering the consistent LBT failure procedure comprises performing a random access procedure ([0354] In response to the triggering of the consistent LBT failure for the primary cell, the wireless device may stop the first random access procedure... The wireless device may switch from the first BWP of the primary cell to a second BWP of the primary cell... The wireless device may initiate the second random access process in the second BWP of primary cell based on the random access parameters configured for the second BWP of the primary cell and using the random access occasions/resources configured for the second BWP of the primary cell).
Regarding claims 6 and 12, BABAEI further discloses:
wherein the consistent LBT failures are detected during a preconfigured timer is running ([0353] The wireless device may trigger consistent LBT failure for the primary cell. The wireless device may trigger the consistent LBT failure for the primary cell while the first random access process for beam failure recovery is ongoing on the primary cell).
Regarding claim 7, BABAEI discloses:
A user equipment (UE) (Fig. 15 – 1502; [0057] The wireless device may be referred to as a user equipment (UE)) comprising:
at least one processor (Fig. 15 – 1524, 1518); and
at least one computer memory (Fig. 15 – 15182) storing instructions that, when executed by the at least one processor ([0144] the Memory 1552 may include non-transitory computer readable mediums (e.g., Storage Medium 1510 at the Memory 1512 and Storage Medium 1550 at the Memory 1552) that may store software code or instructions that may be executed by the Data Processing System 1524 and Data Processing System 1564, respectively, to implement the processes described in the present disclosure), cause a medium access control (MAC) entity of the UE to perform operations (Fig. 2A; [0137] A wireless device may receive one or more messages from a base station... The one or more messages may comprise configuration parameters of a plurality of cells for the wireless device; [0138] the configuration parameters may include values of timers used in physical, MAC, RLC, PCDP, SDAP, and/or RRC layers) comprising:
receiving (Fig. 34), from a network ([0137] A wireless device may receive one or more messages from a base station), information related to at least one first maximum Listen- Before-Talk (LBT) failure instance count per beam ([0352] The first configuration for beam failure recovery may comprise a first parameter (e.g., beamFailurelnstanceMaxCount) indicating a first number of beam failure instances that triggers beam failure recovery... The detection of the beam failure may be based on a beam failure instance indication counter reaching the first number (e.g., the beam reaches the maximum number of failure instance indication(s))) and a second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)) for a serving cell ([0348] The configuration parameters may comprise serving cell configuration parameters of one or more cells... The configuration parameters may comprise first configuration parameters for beam failure recovery and second configuration parameters for LBT failure recovery);
based on LBT failure indications counted per beam and the at least one first maximum LBT failure instance count ([0352] the wireless device may increment the beam failure instance (e.g., beamFailurelnstanceMaxCount) indication counter by one based on a beam failure indication, for example reception of the beam failure indication by a MAC layer of the wireless device from a physical layer of the wireless device), determining ([0190] the wireless device may detect/determine consistent uplink LBT failures to detect/determine uplink LBT problems. A MAC entity of the wireless device may receive notifications of uplink LBT failures from the physical layer to detect consistent uplink LBT failures) a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352];) on which consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];) among a plurality of beams (Fig. 14A-14C); and
based on a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352]; (hence the first configuration is at least = 1)), on which the consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];), being equal to or greater than the second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)), triggering a consistent LBT failure procedure ([0354] In response to the triggering of the consistent LBT failure for the primary cell, the wireless device may stop the first random access procedure... The wireless device may switch from the first BWP of the primary cell to a second BWP of the primary cell... The wireless device may initiate the second random access process in the second BWP of primary cell based on the random access parameters configured for the second BWP of the primary cell and using the random access occasions/resources configured for the second BWP of the primary cell).
Regarding claim 13, BABAEI discloses:
An apparatus for a user equipment (UE) (Fig. 15 – 1502; [0057] The wireless device may be referred to as a user equipment (UE)... a subscriber unit, a handset, an access terminal, a user terminal, a wireless transmit and receive unit (WTRU) and/or other terminology), the apparatus comprising: at least one processor (Fig. 15 – 1524, 1518); and at least one computer memory storing instructions that, when executed by the at least one processor ([0144] the Memory 1552 may include non-transitory computer readable mediums (e.g., Storage Medium 1510 at the Memory 1512 and Storage Medium 1550 at the Memory 1552) that may store software code or instructions that may be executed by the Data Processing System 1524 and Data Processing System 1564, respectively, to implement the processes described in the present disclosure), cause a medium access control (MAC) entity of the UE to perform operations (Fig. 2A; [0137] A wireless device may receive one or more messages from a base station... The one or more messages may comprise configuration parameters of a plurality of cells for the wireless device; [0138] the configuration parameters may include values of timers used in physical, MAC, RLC, PCDP, SDAP, and/or RRC layers) comprising: receiving (Fig. 34), from a network ([0137] A wireless device may receive one or more messages from a base station), information related to at least one first maximum Listen- Before-Talk (LBT) failure instance count per beam ([0352] The first configuration for beam failure recovery may comprise a first parameter (e.g., beamFailurelnstanceMaxCount) indicating a first number of beam failure instances that triggers beam failure recovery... The detection of the beam failure may be based on a beam failure instance indication counter reaching the first number (e.g., the beam reaches the maximum number of failure instance indication(s))) and a second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)) for a serving cell ([0348] The configuration parameters may comprise serving cell configuration parameters of one or more cells... The configuration parameters may comprise first configuration parameters for beam failure recovery and second configuration parameters for LBT failure recovery); based on LBT failure indications counted per beam and the at least one first maximum LBT failure instance count ([0352] the wireless device may increment the beam failure instance (e.g., beamFailurelnstanceMaxCount) indication counter by one based on a beam failure indication, for example reception of the beam failure indication by a MAC layer of the wireless device from a physical layer of the wireless device), determining ([0190] the wireless device may detect/determine consistent uplink LBT failures to detect/determine uplink LBT problems. A MAC entity of the wireless device may receive notifications of uplink LBT failures from the physical layer to detect consistent uplink LBT failures), a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352];) on which consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];) among a plurality of beams (Fig. 14A-14C); and based on a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352]; (hence the first configuration is at least = 1)), on which the consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];), being equal to or greater than the second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)), triggering a consistent LBT failure procedure ([0354] In response to the triggering of the consistent LBT failure for the primary cell, the wireless device may stop the first random access procedure... The wireless device may switch from the first BWP of the primary cell to a second BWP of the primary cell... The wireless device may initiate the second random access process in the second BWP of primary cell based on the random access parameters configured for the second BWP of the primary cell and using the random access occasions/resources configured for the second BWP of the primary cell).
Regarding claim 14, BABAEI discloses:
A non-transitory computer readable storage medium (Fig. 15 – 15182) comprising program instructions that, when executed by at least one processor ([0144] the Memory 1552 may include non-transitory computer readable mediums (e.g., Storage Medium 1510 at the Memory 1512 and Storage Medium 1550 at the Memory 1552) that may store software code or instructions that may be executed by the Data Processing System 1524 and Data Processing System 1564, respectively, to implement the processes described in the present disclosure), cause a medium access control (MAC) entity (Fig. 2A; [0137] A wireless device may receive one or more messages from a base station... The one or more messages may comprise configuration parameters of a plurality of cells for the wireless device; [0138] the configuration parameters may include values of timers used in physical, MAC, RLC, PCDP, SDAP, and/or RRC layers) of a user equipment (UE) to perform operations (Fig. 15 – 1502; [0057] The wireless device may be referred to as a user equipment (UE)) comprising: receiving (Fig. 34), from a network ([0137] A wireless device may receive one or more messages from a base station), information related to at least one first maximum Listen- Before-Talk (LBT) failure instance count per beam ([0352] The first configuration for beam failure recovery may comprise a first parameter (e.g., beamFailurelnstanceMaxCount) indicating a first number of beam failure instances that triggers beam failure recovery... The detection of the beam failure may be based on a beam failure instance indication counter reaching the first number (e.g., the beam reaches the maximum number of failure instance indication(s))) and a second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)) for a serving cell ([0348] The configuration parameters may comprise serving cell configuration parameters of one or more cells... The configuration parameters may comprise first configuration parameters for beam failure recovery and second configuration parameters for LBT failure recovery); based on LBT failure indications counted per beam and the at least one first maximum LBT failure instance count ([0352] the wireless device may increment the beam failure instance (e.g., beamFailurelnstanceMaxCount) indication counter by one based on a beam failure indication, for example reception of the beam failure indication by a MAC layer of the wireless device from a physical layer of the wireless device), determining ([0190] the wireless device may detect/determine consistent uplink LBT failures to detect/determine uplink LBT problems. A MAC entity of the wireless device may receive notifications of uplink LBT failures from the physical layer to detect consistent uplink LBT failures) a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352];) on which consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];) among a plurality of beams (Fig. 14A-14C); and based on a number of beams (Fig. 34 – detect beam failure on Pcell based on 1st config parameters; [0352]; (hence the first configuration is at least = 1)), on which the consistent LBT failures are detected (Fig. 34 – Trigger consistent LBT failure for Pcell based on 2nd config parameters; [0353];), being equal to or greater than the second maximum LBT failure instance count ([0353] The second configuration for LBT failure recovery may comprise a first parameter (e.g., FailurelnstanceMaxCount) indicating a first number of LBT failure instances that triggers LBT failure recovery (e.g., when first configuration reaches the maximum number, second configuration = 1)), triggering a consistent LBT failure procedure ([0354] In response to the triggering of the consistent LBT failure for the primary cell, the wireless device may stop the first random access procedure... The wireless device may switch from the first BWP of the primary cell to a second BWP of the primary cell... The wireless device may initiate the second random access process in the second BWP of primary cell based on the random access parameters configured for the second BWP of the primary cell and using the random access occasions/resources configured for the second BWP of the primary cell).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 THERESA NGUYEN whose telephone number is (571)272-2386. The examiner can normally be reached Monday - Friday 9AM - 5PM EST.
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/THERESA NGUYEN/Examiner, Art Unit 2418
/Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
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