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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 25, 2025 has been entered. Claims 1-3, 5-8, 10-13, 15-18, and 20-24 are now pending in the present application.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-8, 10-13, 15-18, and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Nogami et al. (US 2021/0385831, cited by IDS filed July 11, 2021, hereinafter Nogami) and further in view of Chen et al. (US 2018/0115389, hereinafter Chen).
Regarding claim 1, Nogami teaches a method performed by a base station (FIG. 3 - gNB 360) in a wireless communication system (FIG. 1), the method comprising:
determining a contention window for a sub-band among multiple sub-bands ([0238] – The gNB 160 may manage the LBT parameters per sub-band, alternatively per BWP, or yet alternatively per cell. Additionally and/or alternatively some of the LBT parameters may be managed per sub-band, which the others may be managed differently (e.g. per BWP or per cell). [0229] - The LBT parameters (counter, CWS, channel access class, COT, and so on) may be managed per node)
identifying a number for the sub-band between zero and a value of the contention window ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp);
sensing the sub-band based on the number and a defer duration ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp. [0199] - if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission); and
performing a downlink transmission based on sensing the sub-band to be idle ([0238] - In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully. [0199] - the gNB 160 may transmit a transmission including PDSCH/PDCCH on the carrier, if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission),
wherein the contention window for the sub-band is determined based on hybrid automatic repeat request-acknowledgement (HARQ-ACK) feedbacks ([0213] - the gNB 160 does not receive any trigger-based HARQ-ACK reporting from the UE 102. The gNB 160 may consider this as a collision, and therefore the gNB 160 may increase CWS. In contrast, if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value) corresponding to physical downlink shared channels (PDSCHs) in a reference duration ([0209]- HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined… .[0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160. FIG. 24, 25 show reference slot k located within “transmission duration”. FIG. 15 shows “Transmission duration ≤ Tm cot, p”. [0201] - Tm cot, p is referred to as maximum channel occupancy time (MCOT). Therefore, “Transmission duration” corresponds to “downlink channel occupancy”)
wherein the reference duration starts from a beginning of a channel occupancy and ends at a first slot where at least one of the PDSCHs is transmitted ([0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160) and
wherein in case that a PDSCH that {partially but not fully} overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that {partially but not fully} overlaps with the sub-band is used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature DSCH that partially but not fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches DSCH that partially but not fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Regarding claim 2, Nogami in view of Chen teaches claim 1 and further teaches wherein the PDSCH that partially but not fully overlaps with the sub-band is transmitted across the multiple sub-bands ([0238] In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully), and wherein the multiple sub-bands are within a bandwidth of a carrier (FIG. 42).
Regarding claim 3, Nogami in view of Chen teaches claim 1 and further teaches wherein the contention window is associated with a channel access priority class ([0209]- if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value), and wherein an initial value of the contention window for the sub-band is identified as a minimum value ([0213] - the gNB 160 may reset CWS to the minimum value).
Regarding claim 5, Nogami in view of Chen teaches claim 1 and further teaches wherein, in case that the HARQ-ACK feedbacks are code block group based feedbacks, the contention window is adjusted based on a ratio of an acknowledgement or a non-acknowledgement for code block groups of the PDSCHs ( [0209]- Z, which is a ratio of the number of HARQ-ACKs with “NACK” to the total number of valid HARQ-ACKs – [0210]. if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value).
Regarding claim 6, Nogami teaches a base station (BS) in a wireless communication system (FIG. 1 - gNB 160), the BS comprising: a transceiver; and a controller (FIG. 3) configured to:
determine a contention window for a sub-band among multiple sub-bands ([0238] – The gNB 160 may manage the LBT parameters per sub-band, alternatively per BWP, or yet alternatively per cell. Additionally and/or alternatively some of the LBT parameters may be managed per sub-band, which the others may be managed differently (e.g. per BWP or per cell). [0229] - The LBT parameters (counter, CWS, channel access class, COT, and so on) may be managed per node),
identify a number for the sub-band between zero and a value of the contention window ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp),
sense the sub-band based on the number and a defer duration ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp. [0199] - if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission), and
perform a downlink transmission based on sensing the sub-band to be idle ([0238] - In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully. [0199] - the gNB 160 may transmit a transmission including PDSCH/PDCCH on the carrier, if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission),
wherein the contention window for the sub-band is determined based on hybrid automatic repeat request-acknowledgement (HARQ-ACK) feedbacks ([0213] - the gNB 160 does not receive any trigger-based HARQ-ACK reporting from the UE 102. The gNB 160 may consider this as a collision, and therefore the gNB 160 may increase CWS. In contrast, if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value) corresponding to physical downlink shared channels (PDSCHs) in a reference duration ([0209]- HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined… .[0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160. FIG. 24, 25 show reference slot k located within “transmission duration”. FIG. 15 shows “Transmission duration ≤ Tm cot, p”. [0201] - Tm cot, p is referred to as maximum channel occupancy time (MCOT). Therefore, “Transmission duration” corresponds to “downlink channel occupancy”)
wherein the reference duration starts from a beginning of a channel occupancy and ends at a first slot where at least one of the PDSCHs is transmitted ([0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160).
wherein in case that a PDSCH that {partially but not fully} overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that {partially but not fully} overlaps with the sub-band is used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature DSCH that partially but not fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches DSCH that partially but not fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Regarding claim 7, Nogami in view of Chen teaches claim 6 and further teaches wherein the PDSCH that partially but not fully overlaps with the sub-band is transmitted across the multiple sub-bands ([0238] In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully), and wherein the multiple sub-bands are within a bandwidth of a carrier (FIG. 42).
Regarding claim 8, Nogami in view of Chen teaches claim 6 and further teaches wherein the contention window is associated with a channel access priority class ([0209]- if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value), and wherein an initial value of the contention window for the sub-band is identified as a minimum value ([0213] - the gNB 160 may reset CWS to the minimum value).
Regarding claim 10, Nogami in view of Chen teaches claim 6 and further teaches wherein, in case that the HARQ-ACK feedbacks are code block group based feedbacks, the contention window is adjusted based on a ratio of an acknowledgement or a non-acknowledgement for code block groups of the PDSCHs ( [0209]- Z, which is a ratio of the number of HARQ-ACKs with “NACK” to the total number of valid HARQ-ACKs – [0210]. if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value).
Regarding claim 11, Nogami teaches a method performed by a terminal in a wireless communication system (FIG. 1 - UE 102), the method comprising:
transmitting, to a base station (BS), hybrid automatic repeat request-acknowledgement (HARQ-ACK) feedbacks corresponding to physical downlink shared channels (PDSCHs) ([0123] - gNB 160 receives the trigger-based HARQ-ACK reporting. [0209]- HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined… ) in a reference duration ([0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160. [0209] - HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined… . FIG. 24, 25 show reference slot k located within “transmission duration”. FIG. 15 shows “Transmission duration ≤ Tm cot, p”. [0201] - Tm cot, p is referred to as maximum channel occupancy time (MCOT). Therefore, “Transmission duration” corresponds to “downlink channel occupancy”); and
receiving, from the BS, a downlink signal on a sub-band among multiple sub-bands, based on the sub-band being idle ([0238] - In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully. [0199] - the gNB 160 may transmit a transmission including PDSCH/PDCCH on the carrier, if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission)
wherein in case that a PDSCH that {partially but not fully} overlaps with the sub-bands is in the reference duration, a HARQ-ACK feed back corresponding to the PDSCH that {partially but not fully} overlaps with the sub-band is used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
wherein whether the sub-band is idle is based on a defer duration ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp. [0199] - if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission) and a number for the sub-band, the number being identified between zero and a value of the contention window ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp), and wherein
wherein the reference duration starts from a beginning of a channel occupancy of the BS and ends at a first slot where at least one of the PDSCHs is received ([0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160), and
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature DSCH that partially but not fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches DSCH that partially but not fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Regarding claim 12, Nogami in view of Chen teaches claim 1 and further teaches wherein the PDSCH that partially but not fully overlaps with the sub-band is transmitted across the multiple sub-bands ([0238] In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully), and wherein the multiple sub-bands are within a bandwidth of a carrier (FIG. 42).
Regarding claim 13, Nogami in view of Chen teaches claim 11 and further teaches wherein the contention window is associated with a channel access priority class ([0209]- if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value), and wherein an initial value of the contention window for the sub-band is identified as a minimum value ([0213] - the gNB 160 may reset CWS to the minimum value).
Regarding claim 15, Nogami in view of Chen teaches claim 11 and further teaches wherein, in case that the HARQ-ACK feedbacks are code block group based feedbacks, the contention window is adjusted based on a ratio of an acknowledgement or a non-acknowledgement for code block groups of the PDSCHs ( [0209]- Z, which is a ratio of the number of HARQ-ACKs with “NACK” to the total number of valid HARQ-ACKs – [0210]. if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value).
Regarding claim 16, Nogami teaches a terminal in a wireless communication system, the terminal comprising: a transceiver; and a controller ((UE 102 – FIG. 1, UE 202 - FIG. 2) configured to:
transmit, to a base station (BS), hybrid automatic repeat request-acknowledgement (HARQ-ACK) feedbacks corresponding to physical downlink shared channels (PDSCHs) ([0123] - gNB 160 receives the trigger-based HARQ-ACK reporting. [0209]- HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined… ) in a reference duration ([0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160. [0209] - HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined… . FIG. 24, 25 show reference slot k located within “transmission duration”. FIG. 15 shows “Transmission duration ≤ Tm cot, p”. [0201] - Tm cot, p is referred to as maximum channel occupancy time (MCOT). Therefore, “Transmission duration” corresponds to “downlink channel occupancy”), and
receive, from the BS, a downlink signal on a sub-band among multiple sub-bands, based on the sub-band being idle ([0238] - In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully. [0199] - the gNB 160 may transmit a transmission including PDSCH/PDCCH on the carrier, if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission),
wherein in case that a PDSCH that {partially but not fully} overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that {partially but not fully} overlaps with the sub-band is used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
wherein whether the sub-band is idle is based on a defer duration ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp. [0199] - if the channel is sensed to be idle at least in a CA slot duration Tsl when the gNB 160 is ready to transmit PDSCH/PDCCH and if the channel has been sensed to be idle during all the CA slot durations of a defer duration Td immediately before this transmission) and a number for the sub-band, the number identified between zero and a value of the contention window ([0198] - The counter N is adjusted by sensing the channel for additional CA slot duration(s)… the gNB 160 may set N=Ninit, where Ninit is a random number uniformly distributed between 0 and CWp), and
wherein the reference duration starts from a beginning of a channel occupancy of the BS and ends at a first slot where at least one of the PDSCHs is received ([0208] - Reference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160).
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature DSCH that partially but not fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches DSCH that partially but not fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that partially but not fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that partially but not fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Regarding claim 17, Nogami in view of Chen teaches claim 16 and further teaches wherein the PDSCH that partially but not fully overlaps with the sub-band is transmitted across the multiple sub-bands ([0238] In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully), and wherein the multiple sub-bands are within a bandwidth of a carrier (FIG. 42).
Regarding claim 18, Nogami in view of Chen teaches claim 16 and further teaches wherein the contention window is associated with a channel access priority class ([0209]- if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value), and wherein an initial value of the contention window for the sub-band is identified as a minimum value ([0213] - the gNB 160 may reset CWS to the minimum value).
Regarding claim 20, Nogami in view of Chen teaches claim 16 and further teaches wherein, in case that the HARQ-ACK feedbacks are code block group based feedbacks, the contention window is adjusted based on a ratio of an acknowledgement or a non-acknowledgement for code block groups of the PDSCHs ( [0209]- Z, which is a ratio of the number of HARQ-ACKs with “NACK” to the total number of valid HARQ-ACKs – [0210]. if at least Z=a certain percentage (e.g. 80%) of HARQ-ACK values corresponding to PDSCH transmission(s) in reference slot k are determined as NACK, the gNB 160 may increase CWp for every priority class p∈{1,2,3,4} to the next higher allowed value).
Regarding claim 21, Nogami in view of Chen teaches claim 1 and Nogami further teaches wherein in case that a PDSCH that {fully} overlaps with the sub-band is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that {fully} overlaps with the sub- band is further used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature PDSCH that fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches PDSCH that fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Regarding claim 22, Nogami in view of Chen teaches claim 6 and Nogami further teaches wherein in case that a PDSCH that {fully} overlaps with the sub-band is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that {fully} overlaps with the sub- band is further used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature PDSCH that fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches PDSCH that fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Regarding claim 23, Nogami in view of Chen teaches claim 11 and Nogami further teaches wherein in case that a PDSCH that {fully} overlaps with the sub-band is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that {fully} overlaps with the sub- band is further used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature PDSCH that fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches PDSCH that fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Regarding claim 24, Nogami in view of Chen teaches claim 16 and Nogami further teaches wherein in case that a PDSCH that {fully} overlaps with the sub-band is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that {fully} overlaps with the sub- band is further used for determining the contention window for the sub-band (paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”).
As indicated above, Nogami teaches there is an overlap between PDSCH and sub-band(s) of the BWP but does not specify exactly the degrees of the overlaps or the claimed feature PDSCH that fully overlaps with the sub-bands.
Chen teaches different overlaps between the PDSCH and the sub-band(s) including complete overlaps (see, for example FIG. 8) and partial overlaps (FIG. 9 shows PDSCH partially overlaps sb0 and sb4). Therefore Chen teaches PDSCH that fully overlaps with the sub-bands. The implementation to increase flexibility in bandwidth selection for the PDSCHs.
It should be noted, the goal of performing LBT as taught by Nogami (see [0238]) is to control transmission collisions (see [0206], [0207]), therefore it should be obvious that LBT must be performed if there is ANY degree of overlapping between PDSCH and the sub-bands involving transmissions from other nodes.
Thus, Nogami and Chen in combination teaches wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band (Nogami, paragraph [0238] recites “In a BWP, the gNB 160 may perform channel sensing in every sub-band and may transmit a signal (PDCCH, PDSCH, etc) in the sub-band(s) on which the gNB 160 gets a channel access successfully.” In other words, Nogami teaches there is an overlap between the PDSCH and the sub-band(s). Paragraph [0213] recites “if gNB 160 receives the trigger-based HARQ-ACK reporting, the gNB 160 may reset CWS to the minimum value”. Chen, in FIG. 9, shows PDSCH partially overlaps sb0 and sb4).
It would have been obvious before the effective filing date of the claimed invention for a person having ordinary skill in the art to include the feature wherein in case that a PDSCH that fully overlaps with the sub-bands is in the reference duration, a HARQ-ACK feedback corresponding to the PDSCH that fully overlaps with the sub-band is used for determining the contention window for the sub-band, as taught by Chen and Nogami in combination to control transmission collisions while maintain flexibility in bandwidth selection for the PDSCHs.
Response to Arguments
Applicant's arguments filed September 25, 2025 have been fully considered but they are not persuasive.
Regarding the rejection of claim 1, Applicant argues “Chen… does not teach or suggest any mechanism for determining the contention window based on such overlap”. Further, Applicant argues Nogamis’s cited paragraphs “does not place any restriction on whether the PDSCH is fully or partially overlapping with the sub-band” and similarly “Nogami does not contemplate a scenario in which the PDSCH partially overlaps with a sub-band” (page 9).
The Examiner respectfully disagrees. It is clear that Nogami teaches the process of adjusting contention window size CWS (e.g., [0213]) while Chen teaches various configurations of overlapping between the PDSCH and the sub-bands (FIG. 5-9).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Further Applicant argues “Nogami either alone or as combined merely teaches that the starting slot of the most recent transmission is defined as the reference slot k, and show in FIG. 24, from the base station’s perspective that the transmission duration does not align with the starting power of reference slot K. Therefore, … it is difficult to infer from Nogami, either alone or as combined, that the reference duration starts from the beginning of the channel occupancy”
The Examiner resptectfully disagrees. Paragraph [0208] recites “[r]eference slot k may be defined as the starting slot of the most recent transmission on the carrier made by the gNB 160” which clearly teaches the claim feature “a beginning of a channel occupancy and ends at a first slot where at least one of the PDSCHs is transmitted”.
Although FIG. 24 shows an misalignment, without explanation, however, the slot being disclosed as “starting slot of the most recent transmission on the carrier made by the gNB 160” clearly reads on the “beginning of a channel occupancy and ends at a first slot.”
Other arguments rely on the same arguments above, accordingly, the same responses apply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOC THAI NGOC VU whose telephone number is (571)270-5901. The examiner can normally be reached M-F, 9:30AM-6:00PM.
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/QUOC THAI N VU/ Primary Examiner, Art Unit 2642