Prosecution Insights
Last updated: August 18, 2026
Application No. 18/824,837

INFORMATION TRANSMISSION METHOD IN UNLICENSED BAND, TERMINAL, AND NETWORK DEVICE

Non-Final OA §102§103§112§DP
Filed
Sep 04, 2024
Priority
Dec 21, 2018 — CN 201811570008.6 +2 more
Examiner
ISLAM, ROWNAK
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
403 granted / 454 resolved
+28.8% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
21 currently pending
Career history
473
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
69.7%
+29.7% vs TC avg
§102
9.2%
-30.8% vs TC avg
§112
8.2%
-31.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 454 resolved cases

Office Action

§102 §103 §112 §DP
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION This office action is a response to application no. 18/824,837 filed on 09/04/2024. Claims 1 – 18 are pending and ready for examination. Priority This application is a continuation of U.S. Application No. 17/349,894 (Now Patent US 12,108,259 B2), filed June 16, 2021, which is a bypass continuation of PCT Application No. PCT/CN2019/121193 filed November 27, 2019, which claims priority to Chinese Patent Application No. 201811570008.6 filed December 21, 2018. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/04/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1 – 2, 4 – 8, 10 – 14, and 16 – 18 are rejected on the ground of non-statutory obviousness-type double patenting (ODP) as being unpatentable over claims 1 – 2, 6 – 7, 11, 13 – 14, 18 – 20 of Patent no. US 12,108,259 B2 (application no. 17/349,894). Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions are directed towards an information transmission method in an unlicensed band. With respect to the independent claims of the instant application and the patent, please see the direct claim comparison in the Table 1 below. Table 1: Claim comparison between instant application and Patent Instant application no. 18/824,837 Patent no. 12,108,259 B2 1. An information transmission method in an unlicensed band, performed by a network device, comprising: sending indication information, wherein the indication information is used to indicate an actual start location for transmission, wherein the actual start location is a start location of a reference time domain symbol, or the actual start location is within the reference time domain symbol, wherein the reference time domain symbol comprises: a first time domain symbol of time domain resource assignment, or an Mth time domain symbol before a start location of the time domain resource assignment, wherein M is an integer greater than or equal to 1. 1. An information transmission method in an unlicensed band, performed by a terminal, comprising: receiving indication information; and performing transmission from an actual start location according to the indication information, wherein the actual start location is a start location of a reference time domain symbol, or the actual start location is within the reference time domain symbol, wherein the reference time domain symbol comprises: a first time domain symbol of time domain resource assignment, or an Mth time domain symbol before a start location of the time domain resource assignment, wherein M is an integer greater than or equal to 1. As can be seen from the direct claim comparison of Table 1, claim 1 of instant application is an obvious variation of patented claim 1, wherein the instant application is a method claim performed by a network device, and the patented claim is a method claim performed by a terminal; therefore, the network device sends indication information and the terminal receives that. The underlined parts of the claims are different; but it’s an obvious variation of one another. Therefore, all of the limitations of the instant claim 1 are obvious variation of the patented claim 1. Similar comparison can be shown for instant claim 7 and 13 vs. patented claim 13 and 29, respectively. Table 2 below is showing instant claims that can be rejected against the patented claims. Table 2: Claims correspondence between instant application and Patent Instant application no. 18/824,837 Patent no. 12,108,259 B2 1 1 2 2 4 6 5 7 6 11 7 13 8 14 10 18 11 7 12 19 13 20 14 2 16 6 17 7 18 11 Therefore, claims of the instant application are rejected on the ground of ODP as being unpatentable over claims of all continuation patents. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 5, 11, 15 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 5, 11, 15 and 17 are recites the limitation " the channel access type" in line 3, 2, 1 and 3, respectively. There is insufficient antecedent basis for this limitation in the claims, as the linking claims do not recite the limitation “channel access type”. For the purpose of this examination it is considered that the limitation is recited as, “a channel access type”. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1 – 2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WANG et al. (WANG hereinafter referred to WANG) (US 2022/0014314 A1, cited in IDS) (relied on filing date of foreign priority application no. CN 201811134052.2 that properly supports all citation). Regarding claim 1, WANG teaches (Title, METHOD AND APPARATUS FOR TRANSMITTING UPLINK SIGNAL) an information transmission method in an unlicensed band ([0007], On the unlicensed frequency band, a base station needs to perform LBT for transmitting UL grant, and a UE needs to perform LBT before an uplink subframe indicated by the UL grant. PUSCH scheduled by the UL grant is transmitted if both LBTs succeed. Here, the PUSCH transmission is an information transmission in an unlicensed band), performed by a network device (Fig.2 and [0049], an UE receives downlink control information. Here, the downlink control information is transmitted by a network device), comprising: sending indication information (Fig.2, S201. [0064], the downlink control information at least comprises information for determining an uplink and/or a downlink and/or a flexible slot/symbol or information for indicating a Channel Occupied Time (COT). Here, the downlink control information is an indication information), wherein the indication information is used to indicate an actual start location for transmission ([0007], UL transmission with configured grant (GUL); Fig.2, S202. [0065], performing transmitting of the uplink signal comprises determining of a start point resource for transmitting the PUSCH and performing the GUL PUSCH transmission according to the determined start point. Here, the start point is an actual start location for transmission of PUSCH), wherein the actual start location is a start location of a reference time domain symbol ([0187], actual transmitting start point with respect to a reference time point; the reference time point is the Mth symbol or a first symbol in the slot. Here, the actual start location is a reference time domain first symbol; i.e. it’s a start location of a reference time domain symbol), or the actual start location is within the reference time domain symbol (Due to alternative language “or” in the claim, examiner addresses one limitation only), wherein the reference time domain symbol comprises: a first time domain symbol of time domain resource assignment ([0187], the reference time point is the Mth symbol or a first symbol in the slot. Here, the reference time domain symbol is a first time domain symbol in the slot. Slot is a time domain resource; therefore, it is the first time domain symbol of time domain resource assignment), or an Mth time domain symbol before a start location of the time domain resource assignment, wherein M is an integer greater than or equal to 1 (Due to alternative language “or” in the claim, examiner addresses one limitation only). Regarding claim 2, WANG teaches all the features with respect to claim 1 as outlined above. WANG further teaches wherein the indication information (Fig.2 and [0064], downlink control information) comprises: a first indicator field used to indicate a channel access type ([0261], the base station indicates the type of channel access procedure in the UL grant scheduling the PUSCH; 2 bits in the UL grant indicate the first type of channel access procedure, 16 μs LBT of the second type of channel access procedure, 25 μs LBT of the second type of channel access procedure and the third type of channel access procedure. Here, the 2 bits in the UL grant is a first indicator field); and a second indicator field used to indicate whether the actual start location is the start location of the time domain resource assignment ([0184], an actual start point for the uplink transmission according to the control information on the configured GUL PUSCH resources; [0188], The UE selects one start point from the set of the candidate transmitting start points; example, UE selects 70 μs, namely the start point of the 7th symbol as the actual transmitting start point to transmit the GUL PUSCH; [0189], which symbol is the actual transmitting start point or how many symbol are shifted with respect to the 5th symbol is indicated by 2 bit. Here, the 2 bits indicate the actual start location in time domain; therefore it is a second indicator field). 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 of this title, 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. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of MYUNG et al. (MYUNG hereinafter referred to MYUNG) (US 20210345407 A1)(cited in IDS). Regarding claim 4, WANG teaches all the features with respect to claim 2 as outlined above. WANG does not specifically teach wherein the indication information further comprises: a third indicator field used to indicate whether the actual start location offsets by a TA. However MYUNG teaches wherein the indication information further comprises: a third indicator field used to indicate whether the actual start location offsets by a TA ([0291], 2-bit field indicates one of four available PUSCH starting positions {symbol 0, symbol 0+25p, symbol 0+25 μs+timing advance (TA), symbol 1}. Here, considering the last option, the PUSCH starting position indicates that the actual start location offsets by a TA). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG as mentioned in claim 2 and further incorporate the teaching of MYUNG. The motivation for doing so would have been to provide a method for performing an initial access procedure in an unlicensed band in a wireless communication system for efficient operations (MYUNG, [0007] – [0008]). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of XU et al. (XU hereinafter referred to XU) (US 2021/0282147 A1)(cited in IDS). Regarding claim 5, WANG teaches all the features with respect to claim 1 as outlined above. WANG further teaches wherein the indication information (Fig.2 and [0064], downlink control information) comprises: a fourth indicator field used to indicate whether the channel access type is a particular channel access type ([0261], the base station indicates the type of channel access procedure in the UL grant scheduling the PUSCH; [0262] and [0266], the type of channel access procedure indicated in the UL grant is a special type A / C of channel access procedure. Here, type A or type C is a particular channel access type is indicated in the UL grant; therefore, it is obvious to have a fourth indicator field to indicate the particular channel access type); and a fifth indicator field used to indicate whether the actual start location is the start location of the time domain resource assignment ([0184], an actual start point for the uplink transmission according to the control information on the configured GUL PUSCH resources; [0188], The UE selects one start point from the set of the candidate transmitting start points; example, UE selects 70 μs, namely the start point of the 7th symbol as the actual transmitting start point to transmit the GUL PUSCH; [0189], which symbol is the actual transmitting start point or how many symbol are shifted with respect to the 5th symbol is indicated by 2 bit. Here, the 2 bits indicate the actual start location in time domain; therefore it is a second indicator field). WANG does not specifically teach wherein the indication information comprises: a sixth indicator field used to indicate an offset between the actual start location and the start location of the reference time domain symbol. However XU teaches (Title, RESOURCE CONFIGURATION METHOD AND APPARATUS, AND COMMUNICATION DEVICE) a sixth indicator field used to indicate an offset between the actual start location and the start location of the reference time domain symbol ([0093], higher layer signaling includes offset information of the time domain starting symbol of at least one pre-configured resource relative to a reference symbol. Here, the higher layer signaling is the sixth indication information). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG as mentioned in claim 1 and further incorporate the teaching of XU. The motivation for doing so would have been to provide a resource configuration method and apparatus for transmitting high-level signaling comprising configuration information of at least one preconfigured resource, wherein grant free adopts a preconfigured\semi-persistent configuration mode of a resource, and a terminal transmits on a configured resource according to a service requirement, which avoids a process of Schedule request (SR) and Buffer Status Report (BSR), and increases effective transmission time of the terminal (XU, Abstract and [0035]). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of LI et al. (LI hereinafter referred to LI) (WO 2016072778 A1)(cited in IDS). Regarding claim 6, WANG teaches all the features with respect to claim 1 as outlined above. WANG does not specifically teach wherein the reference time domain symbol further comprises: an Nth time domain symbol after the start location of the time domain resource assignment, wherein N is an integer greater than or equal to 1. However LI teaches wherein the reference time domain symbol further comprises: an Nth time domain symbol after the start location of the time domain resource assignment, wherein N is an integer greater than or equal to 1 ([0168], the reference time point is the ending position of the n'th OFDM symbol in a subframe, e.g., n is 3. The reference time point for transmitting the pilot signal is corresponding to the boundary of a basic sequence; LTE data transmission only starts from a starting position of a subframe with the boundary of the subframe as the reference time point of the pilot signal. That is, the pilot signal ends at a boundary of the subframe no matter when is the starting time point of the pilot signal. Here, ending position of the n'th OFDM symbol means the reference time domain symbol is in the ending part of the subframe; since the data transmission starts at the a starting position of a subframe and the reference time point is at the ending boundary; therefore, the reference time domain symbol is an nth time domain symbol after the start location of the time domain resource assignment. Here, n is an integer greater than 1). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG as mentioned in claim 1 and further incorporate the teaching of LI. The motivation for doing so would have been to provide a method and a device of contending for channel resources in an LTE system, distinguishes signal power of the LTE systems from signal power of other wireless systems, so as to reduce interference to the LTE system operating on an unlicensed band and to improve communication performances of the LTE system (Li, Abstract and [14]). Claims 7 – 8 and 13 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of TANG (US 2019/0200328 A1) (relied on filing date of continuation application no. PCT/CN2017/093866 that properly supports all citation). Regarding claim 7, WANG teaches (Title, METHOD AND APPARATUS FOR TRANSMITTING UPLINK SIGNAL) a network device ([0020], [0021] and [0057], base station), sending indication information (Fig.2, S201 and [0049], an UE receives downlink control information. [0064], the downlink control information at least comprises information for determining an uplink and/or a downlink and/or a flexible slot/symbol or information for indicating a Channel Occupied Time (COT). Here, the downlink control information is an indication information), wherein the indication information is used to indicate an actual start location for transmission ([0007], UL transmission with configured grant (GUL); [0020], base station configures the GUL; Fig.2, S202. [0065], performing transmitting of the uplink signal comprises determining of a start point resource for transmitting the PUSCH and performing the GUL PUSCH transmission according to the determined start point. Here, the start point is an actual start location for transmission of PUSCH), wherein the actual start location is a start location of a reference time domain symbol ([0187], actual transmitting start point with respect to a reference time point; the reference time point is the Mth symbol or a first symbol in the slot. Here, the actual start location is a reference time domain first symbol; i.e. it’s a start location of a reference time domain symbol), or the actual start location is within the reference time domain symbol (Due to alternative language “or” in the claim, examiner addresses one limitation only), wherein the reference time domain symbol comprises: a first time domain symbol of time domain resource assignment ([0187], the reference time point is the Mth symbol or a first symbol in the slot. Here, the reference time domain symbol is a first time domain symbol in the slot. Slot is a time domain resource; therefore, it is the first time domain symbol of time domain resource assignment), or an Mth time domain symbol before a start location of the time domain resource assignment, wherein M is an integer greater than or equal to 1 (Due to alternative language “or” in the claim, examiner addresses one limitation only). WANG does not specifically teach A network device comprising: a processor; a memory having a computer program stored thereon, wherein the computer program, when executed by the processor, causes the processor to perform operations. However, TANG teaches (Title, METHOD FOR TRANSMITTING DATA, TERMINAL DEVICE AND NETWORK DEVICE) a network device (Fig.13 and [0192], network device 1300) comprising: a processor (Fig.13 and [0192], processor 1310); a memory (Fig.13 and [0192], memory 1330) having a computer program stored thereon ([0192], memory 1330 is configured to store instructions), wherein the computer program, when executed by the processor, causes the processor to perform operations ([0192], the processor 1310 is configured to execute the instructions stored in the memory 1330, to control the transceiver 1320 to receive signals or transmit signals) comprising: sending indication information ([0119], the network device transmits, on the first time domain unit, downlink control information (DCI) that is carried in the control channel to the terminal device, where the DCI including the resource indication information). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG as mentioned above and further incorporate the teaching of TANG. The motivation for doing so would have been to provide a method for transmitting data, a terminal device and a network device, which can effectively implement resource scheduling and reduce the complexity of blind detection of the terminal device (TANG, [0005]). Regarding claim 13, WANG teaches (Title, METHOD AND APPARATUS FOR TRANSMITTING UPLINK SIGNAL) sending indication information (Fig.2, S201. [0064], the downlink control information at least comprises information for determining an uplink and/or a downlink and/or a flexible slot/symbol or information for indicating a Channel Occupied Time (COT). Here, the downlink control information is an indication information), wherein the indication information is used to indicate an actual start location for transmission ([0007], UL transmission with configured grant (GUL); [0020], base station configures the GUL; Fig.2, S202. [0065], performing transmitting of the uplink signal comprises determining of a start point resource for transmitting the PUSCH and performing the GUL PUSCH transmission according to the determined start point. Here, the start point is an actual start location for transmission of PUSCH), wherein the actual start location is a start location of a reference time domain symbol ([0187], actual transmitting start point with respect to a reference time point; the reference time point is the Mth symbol or a first symbol in the slot. Here, the actual start location is a reference time domain first symbol; i.e. it’s a start location of a reference time domain symbol), or the actual start location is within the reference time domain symbol (Due to alternative language “or” in the claim, examiner addresses one limitation only), wherein the reference time domain symbol comprises: a first time domain symbol of time domain resource assignment ([0187], the reference time point is the Mth symbol or a first symbol in the slot. Here, the reference time domain symbol is a first time domain symbol in the slot. Slot is a time domain resource; therefore, it is the first time domain symbol of time domain resource assignment), or an Mth time domain symbol before a start location of the time domain resource assignment, wherein M is an integer greater than or equal to 1 (Due to alternative language “or” in the claim, examiner addresses one limitation only). WANG does not specifically teach a non-transitory computer-readable storage medium storing a computer program that, when executed by a processor, causes the processor to perform operations. However, TANG teaches (Title, METHOD FOR TRANSMITTING DATA, TERMINAL DEVICE AND NETWORK DEVICE) a non-transitory computer-readable storage medium storing a computer program that, when executed by a processor, causes the processor to perform operations ([0040], a computer readable storage medium storing a program, the program makes a network device perform…; [0217], the technical solution is embodied in the form of a software product, which is stored in a storage medium and includes instructions for enabling a computer device (example: a network device) to perform all or part of the step…) comprising: sending indication information ([0119], the network device transmits, on the first time domain unit, downlink control information (DCI) that is carried in the control channel to the terminal device, where the DCI including the resource indication information). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG as mentioned above and further incorporate the teaching of TANG. The motivation for doing so would have been to provide a method for transmitting data, a terminal device and a network device, which can effectively implement resource scheduling and reduce the complexity of blind detection of the terminal device (TANG, [0005]). Regarding claims 8 and 14, WANG teaches all the features with respect to claims 7 and 13, respectively as outlined above. WANG further teaches wherein the indication information (Fig.2 and [0064], downlink control information) comprises: a first indicator field used to indicate a channel access type ([0261], the base station indicates the type of channel access procedure in the UL grant scheduling the PUSCH; 2 bits in the UL grant indicate the first type of channel access procedure, 16 μs LBT of the second type of channel access procedure, 25 μs LBT of the second type of channel access procedure and the third type of channel access procedure. Here, the 2 bits in the UL grant is a first indicator field); and a second indicator field used to indicate whether the actual start location is the start location of the time domain resource assignment ([0184], an actual start point for the uplink transmission according to the control information on the configured GUL PUSCH resources; [0188], The UE selects one start point from the set of the candidate transmitting start points; example, UE selects 70 μs, namely the start point of the 7th symbol as the actual transmitting start point to transmit the GUL PUSCH; [0189], which symbol is the actual transmitting start point or how many symbol are shifted with respect to the 5th symbol is indicated by 2 bit. Here, the 2 bits indicate the actual start location in time domain; therefore it is a second indicator field). Claims 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of TANG and further in view of MYUNG. Regarding claims 10 and 16, combination of WANG and TANG teaches all the features with respect to claims 8 and 14, respectively as outlined above. WANG does not specifically teach wherein the indication information further comprises: a third indicator field used to indicate whether the actual start location offsets by a TA. However MYUNG teaches wherein the indication information further comprises: a third indicator field used to indicate whether the actual start location offsets by a TA ([0291], 2-bit field indicates one of four available PUSCH starting positions {symbol 0, symbol 0+25p, symbol 0+25 μs+timing advance (TA), symbol 1}. Here, considering the last option, the PUSCH starting position indicates that the actual start location offsets by a TA). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified combination of WANG and Tang as mentioned in claims 8 and 14 and further incorporate the teaching of MYUNG. The motivation for doing so would have been to provide a method for performing an initial access procedure in an unlicensed band in a wireless communication system for efficient operations (MYUNG, [0007] – [0008]). Claims 11 and 17are rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of XU et al. (XU hereinafter referred to XU) (US 2021/0282147 A1)(cited in IDS). Regarding claims 11 and 17, combination of WANG and TANG teaches all the features with respect to claims 7 and 13, respectively as outlined above. WANG further teaches wherein the indication information (Fig.2 and [0064], downlink control information) comprises: a fourth indicator field used to indicate whether the channel access type is a particular channel access type ([0261], the base station indicates the type of channel access procedure in the UL grant scheduling the PUSCH; [0262] and [0266], the type of channel access procedure indicated in the UL grant is a special type A / C of channel access procedure. Here, type A or type C is a particular channel access type is indicated in the UL grant; therefore, it is obvious to have a fourth indicator field to indicate the particular channel access type); and a fifth indicator field used to indicate whether the actual start location is the start location of the time domain resource assignment ([0184], an actual start point for the uplink transmission according to the control information on the configured GUL PUSCH resources; [0188], The UE selects one start point from the set of the candidate transmitting start points; example, UE selects 70 μs, namely the start point of the 7th symbol as the actual transmitting start point to transmit the GUL PUSCH; [0189], which symbol is the actual transmitting start point or how many symbol are shifted with respect to the 5th symbol is indicated by 2 bit. Here, the 2 bits indicate the actual start location in time domain; therefore it is a second indicator field). WANG does not specifically teach wherein the indication information comprises: a sixth indicator field used to indicate an offset between the actual start location and the start location of the reference time domain symbol. However XU teaches (Title, RESOURCE CONFIGURATION METHOD AND APPARATUS, AND COMMUNICATION DEVICE) a sixth indicator field used to indicate an offset between the actual start location and the start location of the reference time domain symbol ([0093], higher layer signaling includes offset information of the time domain starting symbol of at least one pre-configured resource relative to a reference symbol. Here, the higher layer signaling is the sixth indication information). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG as mentioned in claims 7 and 13 and further incorporate the teaching of XU. The motivation for doing so would have been to provide a resource configuration method and apparatus for transmitting high-level signaling comprising configuration information of at least one preconfigured resource, wherein grant free adopts a preconfigured\semi-persistent configuration mode of a resource, and a terminal transmits on a configured resource according to a service requirement, which avoids a process of Schedule request (SR) and Buffer Status Report (BSR), and increases effective transmission time of the terminal (XU, Abstract and [0035]). Claims 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of TANG and further in view of LI. Regarding claims 12 and 18, combination of WANG and TANG teaches all the features with respect to claims 7 and 13, respectively as outlined above. WANG does not specifically teach wherein the reference time domain symbol further comprises: an Nth time domain symbol after the start location of the time domain resource assignment, wherein N is an integer greater than or equal to 1. However LI teaches wherein the reference time domain symbol further comprises: an Nth time domain symbol after the start location of the time domain resource assignment, wherein N is an integer greater than or equal to 1 ([0168], the reference time point is the ending position of the n'th OFDM symbol in a subframe, e.g., n is 3. The reference time point for transmitting the pilot signal is corresponding to the boundary of a basic sequence; LTE data transmission only starts from a starting position of a subframe with the boundary of the subframe as the reference time point of the pilot signal. That is, the pilot signal ends at a boundary of the subframe no matter when is the starting time point of the pilot signal. Here, ending position of the n'th OFDM symbol means the reference time domain symbol is in the ending part of the subframe; since the data transmission starts at the a starting position of a subframe and the reference time point is at the ending boundary; therefore, the reference time domain symbol is an nth time domain symbol after the start location of the time domain resource assignment. Here, n is an integer greater than 1). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified combination of WANG and TANG as mentioned in claims 7 and 13 and further incorporate the teaching of LI. The motivation for doing so would have been to provide a method and a device of contending for channel resources in an LTE system, distinguishes signal power of the LTE systems from signal power of other wireless systems, so as to reduce interference to the LTE system operating on an unlicensed band and to improve communication performances of the LTE system (Li, Abstract and [14]). Allowable Subject Matter Claims 3, 9 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure. Sun et al. (Pub. No. US 11,134,509 B2) – “Uplink (UL) Transmission With Flexible Starting Positions For New Radio-unlicensed (NR-U)” discloses a first wireless communication device receives a transmission grant indicating a transmission period. The first wireless communication device selects a starting location for transmitting a communication signal from among a plurality of starting locations within the transmission period. The first wireless communication device transmits the communication signal during the transmission period based on the selected starting location. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWNAK ISLAM whose telephone number is (571)272-8009. The examiner can normally be reached on Monday - Friday 8:30 am - 6 pm (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached on 571-272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information Regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROWNAK ISLAM/ Primary Examiner, Art Unit 2474
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Prosecution Timeline

Sep 04, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+13.4%)
2y 5m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 454 resolved cases by this examiner. Grant probability derived from career allowance rate.

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