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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-33 of U.S. Patent No. 12,082,247 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims are directed to performing multiple listen-before-talk procedures as part of resource selection for random access. Below is a table showing the correspondence between instant Claims 1-32 and Claims 1-33 of the conflicting Patent, with differences underlined.
Claim No.
instant application
(18/784,605)
Conflicting Patent
(US 12,082,247 B2)
Claim No.
1
A method comprising:
A method comprising:
1
receiving, by a wireless device, a plurality of downlink reference signals of a cell; and
receiving, by a wireless device, a plurality of downlink reference signals of a cell;
determining a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
based on a failure of a first listen-before-talk (LBT) procedure and a success of a second LBT procedure,
determining, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
…
based on a success of a second LBT procedure, …
determining, based on the failure of the first LBT procedure, a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
transmitting, via a resource, a preamble for a random access procedure,
based on a success of a second LBT procedure, transmitting, via the second resource, a preamble for a random access procedure.
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell.
wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
2
The method of claim 1,
A method comprising:
…
1
wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell.
determining, based on the failure of the first LBT procedure, a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
3
The method of claim 1,
The method of claim 1,
2
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS).
a synchronization signal and physical broadcast channel block (SSB); or
a channel state information reference signal (CSI RS).
4
The method of claim 1, further comprising:
The method of claim 1, further comprising:
3
receiving a radio resource control message indicating that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
receiving a radio resource control message indicating: that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
a threshold value; and
selecting, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
selecting, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
5
The method of claim 1, further comprising:
A method comprising:
…
1
determining, based on the failure of the first LBT procedure, the resource for random access.
determining, based on the failure of the first LBT procedure, a second resource for random access,
6
The method of claim 1,
The method of claim 1,
7
wherein the resource comprises a physical random access channel resource.
wherein the first resource comprises a first physical random access channel resource and the second resource comprises a second physical random access channel resource.
7
The method of claim 1, further comprising:
A method comprising:
…
1
determining a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
determining a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
determining, based on a failure of the first LBT procedure, that the second resource is occupied.
determining, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
8
The method of claim 1, further comprising:
The method of claim 1, wherein the determining the second resource comprises:
33
performing, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource.
triggering a random access resource selection procedure; and
determining, during the random access resource selection procedure, the second-resource.
9
A wireless device comprising:
A wireless device comprising:
9
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to:
one or more processors;
memory storing instructions that, when executed by the one or more processors, configure the wireless device to:
receive a plurality of downlink reference signals of a cell; and
receive a plurality of downlink reference signals of a cell;
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
based on a failure of a first listen-before-talk (LBT) procedure and a success of a second LBT procedure,
determine, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
…
based on a success of a second LBT procedure,
determine, based on the failure of the first LBT procedure, a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
transmit, via a resource, a preamble for a random access procedure,
based on a success of a second LBT procedure, transmit, via the second resource, a preamble for a random access procedure.
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell.
wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
10
The wireless device of claim 9,
A wireless device comprising:
…
9
wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell.
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
11
The wireless device of claim 9,
The wireless device of claim 9,
10
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS).
a synchronization signal and physical broadcast channel block (SSB); or
a channel state information reference signal (CSI RS).
12
The wireless device of claim 9, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
The wireless device of claim 9, wherein the instructions, when executed by the one or more processors, configure the wireless device to:
11
receive a radio resource control message indicating that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
receive a radio resource control message indicating:
that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
a threshold value; and
select, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
select, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
13
The wireless device of claim 9, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
A wireless device comprising:
…
9
determine, based on the failure of the first LBT procedure, the resource for random access.
determine, based on the failure of the first LBT procedure, a second resource for random access,
14
The wireless device of claim 9,
The wireless device of claim 9,
15
wherein the resource comprises a physical random access channel resource.
wherein the first resource comprises a first physical random access channel resource and the second resource comprises a second physical random access channel resource.
15
The wireless device of claim 9, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
A wireless device comprising:
…
9
determine a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
determine, based on the failure of the first LBT procedure, that the second resource is occupied.
determine, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
16
The wireless device of claim 9, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
The method of claim 1,
which is of sufficiently similar scope to Claim 9 to be an obvious combination with Claim 33
33
perform, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource.
triggering a random access resource selection procedure; and
determining, during the random access resource selection procedure, the second-resource.
17
One or more non-transitory computer-readable media storing instructions that, when executed, cause a wireless device to:
A non-transitory computer-readable medium storing instructions that, when executed, configure a wireless device to:
25
receive a plurality of downlink reference signals of a cell; and
receive a plurality of downlink reference signals of a cell;
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
based on a failure of a first listen-before-talk (LBT) procedure and a success of a second LBT procedure,
determine, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
…
based on a success of a second LBT procedure,
determine, based on the failure of the first LBT procedure, a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
transmit, via a resource, a preamble for a random access procedure,
based on a success of a second LBT procedure, transmit, via the second resource, a preamble for a random access procedure.
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell.
… wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell;
18
The one or more non-transitory computer-readable media of claim 17,
A non-transitory computer-readable medium storing instructions that, when executed, configure a wireless device to:
…
25
wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell.
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
19
The one or more non-transitory computer-readable media of claim 17,
The non-transitory computer-readable medium of claim 25,
26
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS).
a synchronization signal and physical broadcast channel block (SSB); or
a channel state information reference signal (CSI RS).
20
The one or more non-transitory computer-readable media of claim 17, wherein the instructions, when executed, further cause the wireless device to:
The non-transitory computer-readable medium of claim 25, wherein the instructions, when executed, further configure the wireless device to:
27
receive a radio resource control message indicating that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
receive a radio resource control message indicating:
that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
a threshold value; and
select, based on a received signal strength of one or the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
select, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
21
The one or more non-transitory computer-readable media of claim 17, wherein the instructions, when executed, further cause the wireless device to:
A non-transitory computer-readable medium storing instructions that, when executed, configure a wireless device to:
…
25
determine, based on the failure of the first LBT procedure, the resource for random access.
determine, based on the failure of the first LBT procedure, a second resource for random access,
22
The one or more non-transitory computer-readable media of claim 17,
The non-transitory computer-readable medium of claim 25,
31
wherein the resource comprises a physical random access channel resource.
wherein the first resource comprises a first physical random access channel resource and the second resource comprises a second physical random access channel resource.
23
The one or more non-transitory computer-readable media of claim 17, wherein the instructions, when executed, further cause the wireless device to:
A non-transitory computer-readable medium storing instructions that, when executed, configure a wireless device to:
…
25
determine a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
determine, based on the failure of the first LBT procedure, that the second resource is occupied.
determine, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
24
The one or more non-transitory computer-readable media of claim 17, wherein the instructions, when executed, further cause the wireless device to:
The method of claim 1,
which is of sufficiently similar scope to Claim 25 to be an obvious combination with Claim 33
perform, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource.
triggering a random access resource selection procedure; and
determining, during the random access resource selection procedure, the second-resource.
25
A system comprising:
A system comprising:
17
a wireless device; and
a base station configured to send a plurality of downlink reference signals of a cell; and
a base station,
wherein the base station is configured to:
transmit, to the wireless device, a plurality of downlink reference signals of a cell; and
a wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to:
wherein the wireless device is configured to:
receive the plurality of downlink reference signals of the cell; and
transmit, to the wireless device, a plurality of downlink reference signals of a cell; and
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
based on a failure of a first listen-before-talk (LBT) procedure and a success of a second LBT procedure,
determine, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
…
based on a success of a second LBT procedure,
determine, based on the failure of the first LBT procedure, a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
transmit, via a resource, a preamble for a random access procedure,
based on a success of a second LBT procedure, transmit, via the second resource, a preamble for a random access procedure.
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell.
wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell;
26
The system of claim 25,
A system comprising:
…
17
wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell.
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
27
The system of claim 25,
The system of claim 17,
18
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS).
a synchronization signal and physical broadcast channel block (SSB); or
a channel state information reference signal (CSI RS).
28
The system of claim 25, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
The system of claim 17, wherein the wireless device is further configured to:
19
receive a radio resource control message indicating that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
receive a radio resource control message indicating:
that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
a threshold value; and
select, based on a received signal strength of one or the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
select, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
29
The system of claim 25, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
A system comprising:
…
17
determine, based on the failure of the first LBT procedure, the resource for random access.
determine, based on the failure of the first LBT procedure, a second resource for random access,
30
The system of claim 25,
The system of claim 17,
23
wherein the resource comprises a physical random access channel resource.
wherein the first resource comprises a first physical random access channel resource and the second resource comprises a second physical random access channel resource.
31
The system of claim 25, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
A system comprising:
…
17
determine a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
determine a first resource for random access, wherein the first resource is associated with a first downlink reference signal of the plurality of downlink reference signals of the cell;
determine, based on the failure of the first LBT procedure, that the second resource is occupied.
determine, based on a failure of a first listen-before-talk (LBT) procedure, that the first resource is occupied;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
32
The system of claim 25, wherein the instructions, when executed by the one or more processors, further cause the wireless device to:
The method of claim 1,
which is of sufficiently similar scope to Claim 17 to be an obvious combination with Claim 33
33
perform, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource.
triggering a random access resource selection procedure; and
determining, during the random access resource selection procedure, the second-resource.
As indicated above, the subject matter claimed in the instant application is fully disclosed in the conflicting Patent and is covered by the conflicting Patent. The instant application and the conflicting Patent are claiming common subject matter, and the difference in limitation(s) are merely differences in wording. Therefore, Claims 1-32 are rejected on the ground of nonstatutory obviousness type double patenting in light of the conflicting Patent Claims 1-33
Claims 1-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,219,062 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims are directed to performing multiple listen-before-talk procedures as part of resource selection for random access. Below is a table showing the correspondence between instant Claims 1-8 and Claims 1-4 of the conflicting Patent, with differences underlined.
Claim No.
instant application
(18/784,605)
Conflicting Patent
(US 11,219,062 B2)
Claim No.
1
A method comprising:
A method comprising:
1
receiving, by a wireless device, a plurality of downlink reference signals of a cell; and
receiving, by a wireless device, a plurality of downlink reference signals of a cell;
determining a first physical random access channel (PRACH) resource of a first PRACH, wherein the first PRACH is associated with random access and a first downlink reference signal of the plurality of downlink reference signals of the cell;
based on a failure of a first listen-before-talk (LBT) procedure and a success of a second LBT procedure,
determining, based on a failure of a first listen-before-talk (LBT) procedure, that the first PRACH resource is occupied;
…
based on a success of a second LBT procedure,
determining, based on the failure of the first LBT procedure, a second PRACH resource of a second PRACH, wherein the second PRACH is associated with random access and a second downlink reference signal of the plurality of downlink reference signals of the cell; and
transmitting, via a resource, a preamble for a random access procedure,
based on a success of a second LBT procedure, transmitting, via the second PRACH resource a preamble for a random access procedure.
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell.
wherein the second PRACH is associated with random access and a second downlink reference signal of the plurality of downlink reference signals of the cell;
2
The method of claim 1,
A method comprising:
…
1
wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell.
determining a first physical random access channel (PRACH) resource of a first PRACH, wherein the first PRACH is associated with random access and a first downlink reference signal of the plurality of downlink reference signals of the cell;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
3
The method of claim 1,
The method of claim 1,
3
wherein each of the plurality of downlink reference signals of the cell comprises at least one of:
wherein each of the plurality of downlink reference signals of the cell comprises:
a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS).
a synchronization signal and physical broadcast channel block (SSB); or
a channel state information reference signal (CSI RS).
4
The method of claim 1, further comprising:
The method of claim 1, further comprising:
4
receiving a radio resource control message indicating that the cell comprises a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
receiving a radio resource control message indicating:
that the cell comprises: a downlink carrier, a normal uplink carrier, and a supplementary uplink carrier; and
a threshold value; and
selecting, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
selecting, based on a received signal strength of one of the plurality of downlink reference signals, at least one of the normal uplink carrier or the supplementary uplink carrier.
5
The method of claim 1, further comprising:
A method comprising:
…
1
determining, based on the failure of the first LBT procedure, the resource for random access.
determining, based on the failure of the first LBT procedure, a second PRACH resource of a second PRACH,
6
The method of claim 1,
A method comprising:
…
1
wherein the resource comprises a physical random access channel resource.
a second PRACH resource of a second PRACH, wherein the second PRACH is associated with random access and a second downlink reference signal of the plurality of downlink reference signals of the cell;
7
The method of claim 1, further comprising:
A method comprising:
…
1
determining a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell; and
determining a first physical random access channel (PRACH) resource of a first PRACH, wherein the first PRACH is associated with random access and a first downlink reference signal of the plurality of downlink reference signals of the cell;
determining, based on a failure of the first LBT procedure, that the second resource is occupied.
determining, based on a failure of a first listen-before-talk (LBT) procedure, that the first PRACH resource is occupied;
examiner notes that “the first resource” and “the second resource” are inverted between the instant application but otherwise analogous
8
The method of claim 1, further comprising:
A method comprising:
…
1
performing, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource.
determining, based on the failure of the first LBT procedure, a second PRACH resource of a second PRACH,
The instant Claims 9-32 can be similarly mapped to Claims 8-24 of the conflicting Patent and are rejected based on the overlap.
As indicated above, the subject matter claimed in the instant application is fully disclosed in the conflicting Patent and is covered by the conflicting Patent. The instant application and the conflicting Patent are claiming common subject matter, and the difference in limitation(s) are merely differences in wording. Therefore, Claims 1-32 are rejected on the ground of nonstatutory obviousness type double patenting in light of the conflicting Patent Claims 1-24.
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.
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.
Claim(s) 1-3, 5-11, 13-19, 21-27 and 29-32 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2019/0208549 A1) in view of Yang (US 2019/0124687 A1).
Regarding Claim 1, Zhang discloses the below limitation(s): receiving, by a wireless device, a plurality of downlink reference signals of a cell (Zhang [0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station); and
based on a failure of a first listen-before-talk (LBT) procedure ([0082] if high-band BS cannot transmit SSB due to LBT failure, UE may not be able to send PRACH with the corresponding receive beam)
transmitting, via a resource, a preamble for a random access procedure ([0082] UE may transmit multiple Msg1 (i.e. PRACH preamble) to determine the proper receive beam),
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell ([0082] wherein PRACHs are associated with corresponding beams (i.e. DL-RS of the cell)).
Zhang does not disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and(Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier, the SRS is transmitted; see also Fig 1 S102 successful LBT procedure),
transmitting, via a resource, a preamble for a random access procedure (Fig 1 S104 after successful LBT, UE transmits a preamble on a time-frequency resource associated with a PRACH),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Zhang to include performing a second LBT after an LBT failure in order to continue with RA resource selection as taught by Yang. The suggestion/motivation to do so would have been to enable the UE to automatically retry LBT on a different resource if a first resource is unavailable. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 2, Zhang and Yang disclose the limitation(s) of Claim 1.
Zhang further discloses the below limitation(s): wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include selecting a second resource for random access if a first resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to enable the UE to retry a random access procedure in the event that an initial attempt fails. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 3, Zhang and Yang disclose the limitation(s) of Claim 1.
Zhang further discloses the below limitation(s): wherein each of the plurality of downlink reference signals of the cell comprises at least one of: a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS) (Zhang [0082] UE may search for the synchronization signal blocks (SSBs)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using SSBs to perform resource selection as taught by Zhang. The suggestion/motivation to do so would have been to user SSBs to perform resource selection to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 5, Zhang and Yang disclose the limitation(s) of Claim 1.
Zhang does not disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access.
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access (Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include continuing resource selection after the failure of a LBT procedure as taught by Yang. The suggestion/motivation to do so would have been to continue to perform resource selection to enable the UE to perform RA when the initial resource is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 6, Zhang and Yang disclose the limitation(s) of Claim 1.
Zhang further discloses the below limitation(s): wherein the resource comprises a physical random access channel resource (Zhang [0068] teaches the UE transmitting random access message(s) on one or more PRACH(s); see also [0082] UE may not be able to send PRACH due to LBT failure).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using a PRACH for random access as taught by Zhang. The suggestion/motivation to do so would have been to limit resource selection only to resources reserved for RA. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 7, Zhang and Yang disclose the limitation(s) of Claim 1.
Zhang further discloses the below limitation(s): determining a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0041] UE may perform LBT (e.g. CCA) prior to communicating in order to determine whether the shared channel is available ); and
determining, based on a failure of the first LBT procedure, that the second resource is occupied ([0041] a device may infer that a change in RSSI of a power meter (based on CCA i.e. LBT) indicates that a channel is occupied).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using LBT to determine that a resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to prevent errors by transmission of a RA preamble on an occupied resource. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 8, Zhang and Yang disclose the limitation(s) of Claim 1.
Zhang further discloses the below limitation(s): performing, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource (Zhang [0075] UE determines to transmit RA request using the high-band and/or low-band … UE would specifically select the configuration information for band 'a' to send Msg1 (i.e. preamble), which examiner is interpreting as a resource selection procedure selecting a resource (i.e. band)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include performing resource selection for RA as taught by Zhang. The suggestion/motivation to do so would have been to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 9, Zhang discloses the below limitation(s): one or more processors; and memory storing instructions (Zhang Fig 2 UE 115 comprising processor 280 and memory 282) that, when executed by the one or more processors, cause the wireless device to:
receive a plurality of downlink reference signals of a cell ([0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station); and
based on a failure of a first listen-before-talk (LBT) procedure ([0082] if high-band BS cannot transmit SSB due to LBT failure, UE may not be able to send PRACH with the corresponding receive beam)
transmit, via a resource, a preamble for a random access procedure ([0082] UE may transmit multiple Msg1 (i.e. PRACH preamble) to determine the proper receive beam),
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell ([0082] wherein PRACHs are associated with corresponding beams (i.e. DL-RS of the cell)).
Zhang does not disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and(Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier, the SRS is transmitted; see also Fig 1 S102 successful LBT procedure),
transmitting, via a resource, a preamble for a random access procedure (Fig 1 S104 after successful LBT, UE transmits a preamble on a time-frequency resource associated with a PRACH),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Zhang to include performing a second LBT after an LBT failure in order to continue with RA resource selection as taught by Yang. The suggestion/motivation to do so would have been to enable the UE to automatically retry LBT on a different resource if a first resource is unavailable. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 10, Zhang and Yang disclose the limitation(s) of Claim 9.
Zhang further discloses the below limitation(s): wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include selecting a second resource for random access if a first resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to enable the UE to retry a random access procedure in the event that an initial attempt fails. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 11, Zhang and Yang disclose the limitation(s) of Claim 9.
Zhang further discloses the below limitation(s): wherein each of the plurality of downlink reference signals of the cell comprises at least one of: a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS) (Zhang [0082] UE may search for the synchronization signal blocks (SSBs)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using SSBs to perform resource selection as taught by Zhang. The suggestion/motivation to do so would have been to user SSBs to perform resource selection to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 13, Zhang and Yang disclose the limitation(s) of Claim 9.
Zhang does not disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access.
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access (Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include continuing resource selection after the failure of a LBT procedure as taught by Yang. The suggestion/motivation to do so would have been to continue to perform resource selection to enable the UE to perform RA when the initial resource is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 14, Zhang and Yang disclose the limitation(s) of Claim 9.
Zhang further discloses the below limitation(s): wherein the resource comprises a physical random access channel resource (Zhang [0068] teaches the UE transmitting random access message(s) on one or more PRACH(s); see also [0082] UE may not be able to send PRACH due to LBT failure).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using a PRACH for random access as taught by Zhang. The suggestion/motivation to do so would have been to limit resource selection only to resources reserved for RA. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 15, Zhang and Yang disclose the limitation(s) of Claim 9.
Zhang further discloses the below limitation(s): determining a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0041] UE may perform LBT (e.g. CCA) prior to communicating in order to determine whether the shared channel is available ); and
determining, based on a failure of the first LBT procedure, that the second resource is occupied ([0041] a device may infer that a change in RSSI of a power meter (based on CCA i.e. LBT) indicates that a channel is occupied).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using LBT to determine that a resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to prevent errors by transmission of a RA preamble on an occupied resource. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 16, Zhang and Yang disclose the limitation(s) of Claim 9.
Zhang further discloses the below limitation(s): performing, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource (Zhang [0075] UE determines to transmit RA request using the high-band and/or low-band … UE would specifically select the configuration information for band 'a' to send Msg1 (i.e. preamble), which examiner is interpreting as a resource selection procedure selecting a resource (i.e. band)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include performing resource selection for RA as taught by Zhang. The suggestion/motivation to do so would have been to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 17, Zhang discloses the below limitation(s):One or more non-transitory computer-readable media storing instructions that, when executed (Zhang Fig 2 UE 115 comprising processor 280 and memory 282), cause a wireless device to:
receive a plurality of downlink reference signals of a cell ([0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station); and
based on a failure of a first listen-before-talk (LBT) procedure ([0082] if high-band BS cannot transmit SSB due to LBT failure, UE may not be able to send PRACH with the corresponding receive beam)
transmit, via a resource, a preamble for a random access procedure ([0082] UE may transmit multiple Msg1 (i.e. PRACH preamble) to determine the proper receive beam),
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell ([0082] wherein PRACHs are associated with corresponding beams (i.e. DL-RS of the cell)).
Zhang does not disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and(Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier, the SRS is transmitted; see also Fig 1 S102 successful LBT procedure),
transmitting, via a resource, a preamble for a random access procedure (Fig 1 S104 after successful LBT, UE transmits a preamble on a time-frequency resource associated with a PRACH),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Zhang to include performing a second LBT after an LBT failure in order to continue with RA resource selection as taught by Yang. The suggestion/motivation to do so would have been to enable the UE to automatically retry LBT on a different resource if a first resource is unavailable. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 18, Zhang and Yang disclose the limitation(s) of Claim 17.
Zhang further discloses the below limitation(s): wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include selecting a second resource for random access if a first resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to enable the UE to retry a random access procedure in the event that an initial attempt fails. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 19, Zhang and Yang disclose the limitation(s) of Claim 17.
Zhang further discloses the below limitation(s): wherein each of the plurality of downlink reference signals of the cell comprises at least one of: a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS) (Zhang [0082] UE may search for the synchronization signal blocks (SSBs)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using SSBs to perform resource selection as taught by Zhang. The suggestion/motivation to do so would have been to user SSBs to perform resource selection to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 21, Zhang and Yang disclose the limitation(s) of Claim 17.
Zhang does not disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access.
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access (Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include continuing resource selection after the failure of a LBT procedure as taught by Yang. The suggestion/motivation to do so would have been to continue to perform resource selection to enable the UE to perform RA when the initial resource is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 22, Zhang and Yang disclose the limitation(s) of Claim 17.
Zhang further discloses the below limitation(s): wherein the resource comprises a physical random access channel resource (Zhang [0068] teaches the UE transmitting random access message(s) on one or more PRACH(s); see also [0082] UE may not be able to send PRACH due to LBT failure).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using a PRACH for random access as taught by Zhang. The suggestion/motivation to do so would have been to limit resource selection only to resources reserved for RA. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 23, Zhang and Yang disclose the limitation(s) of Claim 17.
Zhang further discloses the below limitation(s): determining a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0041] UE may perform LBT (e.g. CCA) prior to communicating in order to determine whether the shared channel is available ); and
determining, based on a failure of the first LBT procedure, that the second resource is occupied ([0041] a device may infer that a change in RSSI of a power meter (based on CCA i.e. LBT) indicates that a channel is occupied).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using LBT to determine that a resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to prevent errors by transmission of a RA preamble on an occupied resource. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 24, Zhang and Yang disclose the limitation(s) of Claim 17.
Zhang further discloses the below limitation(s): performing, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource (Zhang [0075] UE determines to transmit RA request using the high-band and/or low-band … UE would specifically select the configuration information for band 'a' to send Msg1 (i.e. preamble), which examiner is interpreting as a resource selection procedure selecting a resource (i.e. band)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include performing resource selection for RA as taught by Zhang. The suggestion/motivation to do so would have been to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 25, Zhang discloses the below limitation(s): a base station configured to send a plurality of downlink reference signals of a cell (Zhang Fig 2 BS 105); and
a wireless device comprising: one or more processors; and memory storing instructions (Fig 2 UE 115 comprising processor 280 and memory 282) that, when executed by the one or more processors, cause the wireless device to:
receive the plurality of downlink reference signals of a cell ([0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station); and
based on a failure of a first listen-before-talk (LBT) procedure ([0082] if high-band BS cannot transmit SSB due to LBT failure, UE may not be able to send PRACH with the corresponding receive beam)
transmit, via a resource, a preamble for a random access procedure ([0082] UE may transmit multiple Msg1 (i.e. PRACH preamble) to determine the proper receive beam),
wherein the resource is associated with a downlink reference signal of the plurality of downlink reference signals of the cell ([0082] wherein PRACHs are associated with corresponding beams (i.e. DL-RS of the cell)).
Zhang does not disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): based on a failure of a first listen-before-talk (LBT) procedure and(Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier, the SRS is transmitted; see also Fig 1 S102 successful LBT procedure),
transmitting, via a resource, a preamble for a random access procedure (Fig 1 S104 after successful LBT, UE transmits a preamble on a time-frequency resource associated with a PRACH),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Zhang to include performing a second LBT after an LBT failure in order to continue with RA resource selection as taught by Yang. The suggestion/motivation to do so would have been to enable the UE to automatically retry LBT on a different resource if a first resource is unavailable. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 26, Zhang and Yang disclose the limitation(s) of Claim 25.
Zhang further discloses the below limitation(s): wherein the first LBT procedure is on a second resource associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0082] UE may search for the synchronization signal blocks (SSBs i.e. DL-RS) on the high-band to determine the random access resources for the corresponding receive beam on the base station).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include selecting a second resource for random access if a first resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to enable the UE to retry a random access procedure in the event that an initial attempt fails. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 27, Zhang and Yang disclose the limitation(s) of Claim 25.
Zhang further discloses the below limitation(s): wherein each of the plurality of downlink reference signals of the cell comprises at least one of: a synchronization signal and physical broadcast channel block (SSB); or a channel state information reference signal (CSI RS) (Zhang [0082] UE may search for the synchronization signal blocks (SSBs)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using SSBs to perform resource selection as taught by Zhang. The suggestion/motivation to do so would have been to user SSBs to perform resource selection to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 29, Zhang and Yang disclose the limitation(s) of Claim 25.
Zhang does not disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access.
In the same field of endeavor of random access procedure with LBT, Yang does disclose the below limitation(s): determining, based on the failure of the first LBT procedure, the resource for random access (Yang [0097] after the first LBT is performed (and fails in contention for the unlicensed carrier), the second LBT is performed … if the second LBT is performed to successfully obtain by contention the unlicensed carrier).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include continuing resource selection after the failure of a LBT procedure as taught by Yang. The suggestion/motivation to do so would have been to continue to perform resource selection to enable the UE to perform RA when the initial resource is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 30, Zhang and Yang disclose the limitation(s) of Claim 25.
Zhang further discloses the below limitation(s): wherein the resource comprises a physical random access channel resource (Zhang [0068] teaches the UE transmitting random access message(s) on one or more PRACH(s); see also [0082] UE may not be able to send PRACH due to LBT failure).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using a PRACH for random access as taught by Zhang. The suggestion/motivation to do so would have been to limit resource selection only to resources reserved for RA. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 31, Zhang and Yang disclose the limitation(s) of Claim 25.
Zhang further discloses the below limitation(s): determining a second resource for random access, wherein the second resource is associated with a second downlink reference signal of the plurality of downlink reference signals of the cell (Zhang [0041] UE may perform LBT (e.g. CCA) prior to communicating in order to determine whether the shared channel is available ); and
determining, based on a failure of the first LBT procedure, that the second resource is occupied ([0041] a device may infer that a change in RSSI of a power meter (based on CCA i.e. LBT) indicates that a channel is occupied).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include using LBT to determine that a resource is occupied as taught by Zhang. The suggestion/motivation to do so would have been to prevent errors by transmission of a RA preamble on an occupied resource. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Regarding Claim 32, Zhang and Yang disclose the limitation(s) of Claim 25.
Zhang further discloses the below limitation(s): performing, based on the failure of the first LBT procedure, a resource selection procedure for random access, wherein the resource selection procedure selects the resource (Zhang [0075] UE determines to transmit RA request using the high-band and/or low-band … UE would specifically select the configuration information for band 'a' to send Msg1 (i.e. preamble), which examiner is interpreting as a resource selection procedure selecting a resource (i.e. band)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned method to include performing resource selection for RA as taught by Zhang. The suggestion/motivation to do so would have been to prevent transmission of a RA preamble on a resource that is occupied. Therefore, it would have been obvious to combine Zhang and Yang to obtain the invention, as specified in the instant claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412
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