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 .
This Office Action is in response to Application filed on October 18, 2024 in which claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 10, 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 § 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,127,218. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the present application are being anticipated by claims 1-20 of the US Patent No. 12,127,218.
Application No. 18/919,654
U.S. Patent No. 12,127,218
1. A method comprising: transmitting, via one or more physical uplink shared channel (PUSCH) transmission occasions, at least one of a first configured grant uplink control information (CG-UCI) and a second CG-UCI, wherein: the first CG-UCI is multiplexed in one or more first resource elements of a first sub-band of the one or more PUSCH transmission occasions; the second CG-UCI is multiplexed in one or more second resource elements of a second sub-band of the one or more PUSCH transmission occasions; and the second CG-UCI is based on a repetition of the first CG-UCI.
2. The method of claim 1, further comprising multiplexing control bits for the first CG-UCI and the second CG-UCI onto data bits of the one or more PUSCH transmission occasions, wherein a length of the control bits is based on a number of resource elements that can be used for transmission of the first CG-UCI and the second CG-UCI.
3. The method of claim 1, further comprising: based on a first frequency offset and a number of the one or more first resource elements, determining a first length of first control bits for the first CG-UCI; and based on a second frequency offset and a number of the one or more second resource elements, determining a second length of second control bits for the second CG-UCI.
4. The method of claim 1, further comprising: transmitting, based on one or more listen-before-talk (LBT) procedures performed on the first sub-band and the second sub-band and via one or more periodic radio resources of the configured uplink grant, a PUSCH.
5. The method of claim 4, wherein the transmitting the PUSCH comprises transmitting, in response to the one or more LBT procedures indicating the first sub-band and the second sub-band are idle: the first CG-UCI via the first sub-band; and the second CG-UCI via the second sub-band.
6. The method of claim 4, further comprising: in response to the one or more LBT procedures indicating the first sub-band is occupied and the second sub-band is idle: not transmitting the first CG-UCI via the first sub-band; and transmitting the second CG-UCI via the second sub-band.
7. The method of claim 1, wherein the first CG-UCI and the second CG-UCI comprise at least one of: one or more hybrid automatic repeat request (HARQ) process identifiers of the one or more PUSCH; one or more indicators indicating whether the one or more PUSCH corresponds to new data; one or more redundancy versions of the PUSCH; or channel occupancy time information.
8. 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: transmit, via one or more physical uplink shared channel (PUSCH) transmission occasions, at least one of a first configured grant uplink control information (CG-UCI) and a second CG-UCI, wherein: the first CG-UCI is multiplexed in one or more first resource elements of a first sub-band of the one or more PUSCH transmission occasions; the second CG-UCI is multiplexed in one or more second resource elements of a second sub- band of the one or more PUSCH transmission occasions; and the second CG-UCI is based on a repetition of the first CG-UCI.
9. The wireless device of claim 8, wherein the instructions further cause the wireless device to multiplex control bits for the first CG-UCI and the second CG-UCI onto data bits of the one or more PUSCH transmission occasions, wherein a length of the control bits is based on a number of resource elements that can be used for transmission of the first CG-UCI and the second CG-UCI.
10. The wireless device of claim 8, wherein the instructions further cause the wireless device to: based on a first frequency offset and a number of the one or more first resource elements, determine a first length of first control bits for the first CG-UCI; and
based on a second frequency offset and a number of the one or more second resource elements, determine a second length of second control bits for the second CG-UCI.
11. The wireless device of claim 8, wherein the instructions further cause the wireless device to: transmit, based on one or more listen-before-talk (LBT) procedures performed on the first sub-band and the second sub-band and via one or more periodic radio resources of the configured uplink grant, a PUSCH.
12. The wireless device of claim 11, wherein transmitting the PUSCH comprises transmitting, in response to the one or more LBT procedures indicating the first sub-band and the second sub-band are idle: the first CG-UCI via the first sub-band; and
the second CG-UCI via the second sub-band.
13. The wireless device of claim 11, wherein, in response to the one or more LBT procedures indicating the first sub- band is occupied and the second sub-band is idle, the instructions further cause the wireless device to: not transmit the first CG-UCI via the first sub-band; and transmit the second CG-UCI via the second sub-band.
14. The wireless device of claim 8, wherein the first CG-UCI and the second CG-UCI comprise at least one of: one or more hybrid automatic repeat request (HARQ) process identifiers of the one or more PUSCH; one or more indicators indicating whether the one or more PUSCH corresponds to new data; one or more redundancy versions of the PUSCH; or channel occupancy time information.
15. A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device, cause the wireless device to:
transmit, via one or more physical uplink shared channel (PUSCH) transmission occasions, at least one of a first configured grant uplink control information (CG-UCI) and a second CG-UCI, wherein: the first CG-UCI is multiplexed in one or more first resource elements of a first sub-band of the one or more PUSCH transmission occasions; the second CG-UCI is multiplexed in one or more second resource elements of a second sub-band of the one or more PUSCH transmission occasions; and the second CG-UCI is based on a repetition of the first CG-UCI.
16. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the wireless device to multiplex control bits for the first CG-UCI and the second CG-UCI onto data bits of the one or more PUSCH transmission occasions, wherein a length of the control bits is based on a number of resource elements that can be used for transmission of the first CG-UCI and the second CG-UCI.
17. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the wireless device to: based on a first frequency offset and a number of the one or more first resource elements, determine a first length of first control bits for the first CG-UCI; and based on a second frequency offset and a number of the one or more second resource elements, determine a second length of second control bits for the second CG-UCI.
18. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the wireless device to: transmit, based on one or more listen-before-talk (LBT) procedures performed on the first sub-band and the second sub-band and via one or more periodic radio resources of the configured uplink grant, a PUSCH.
19. The non-transitory computer-readable medium of claim 18, wherein transmitting the PUSCH comprises transmitting, in response to the one or more LBT procedures indicating the first sub-band and the second sub- band are idle: the first CG-UCI via the first sub-band; and the second CG-UCI via the second sub-band.
20. The non-transitory computer-readable medium of claim 18, wherein, in response to the one or more LBT procedures indicating the first sub-band is occupied and the second sub-band is idle, the instructions further cause the wireless device to: not transmit the first CG-UCI via the first sub-band; and transmit the second CG-UCI via the second sub-band.
1. A method comprising: receiving, by a wireless device, configuration parameters of resources of a configured uplink grant, comprising a physical uplink shared channel (PUSCH) transmission occasion; multiplexing: a first configured grant uplink control information (CG-UCI) in one or more first resource elements of a first sub-band of the PUSCH transmission occasion; and a second CG-UCI in one or more second resource elements of a second sub-band of the PUSCH transmission occasion, wherein the second CG-UCI is based on a repetition of the first CG-UCI; and transmitting, via the PUSCH transmission occasion, at least one of the first CG-UCI and the second CG-UCI.
2. The method of claim 1, wherein multiplexing a CG-UCI comprises multiplexing control bits for the CG-UCI onto data bits of the PUSCH, and a length of the control bits is determined based on a number of resource elements that can be used for transmission of the CG-UCI.
3. The method of claim 2, further comprising determining: based on a first frequency offset and a number of the one or more first resource elements, a first length of first control bits for the first CG-UCI; and based on a second frequency offset and a number of the one or more second resource elements, a second length of second control bits for the second CG-UCI.
4. The method of claim 2, further comprising transmitting the PUSCH via one or more periodic radio resources of the configured uplink grant and based on one or more listen-before-talk (LBT) procedures performed on the first sub-band and the second sub-band.
5. The method of claim 4, wherein the first CG-UCI and the second CG-UCI comprise at least one of: one or more hybrid automatic repeat request (HARQ) process identifiers of the PUSCH; one or more indicators indicating whether the PUSCH corresponds to new data; one or more redundancy versions of the PUSCH; and channel occupancy time information.
6. The method of claim 4, wherein the transmitting comprises transmitting, in response to the one or more LBT procedures indicating the first sub-band and the second sub-band are idle: the first CG-UCI via the first sub-band; and the second CG-UCI via the second sub-band.
7. The method of claim 4, further comprising, in response to the one or more LBT procedures indicating the first sub-band is occupied and the second sub-band is idle: not transmitting the first CG-UCI via the first sub-band; and transmitting the second CG-UCI via the second sub-band.
8. The method of claim 1, wherein the first sub-band and the second sub-band comprise resource blocks of a bandwidth part.
9. The method of claim 1, wherein the first sub-band and the second sub-band are adjacent.
10. The method of claim 9, wherein the one or more first resource elements and the one or more second resource elements exclude one or more third resource elements of at least one guard-band between the first sub-band and the second sub-band.
11. 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: receive configuration parameters of resources of a configured uplink grant, comprising a physical uplink shared channel (PUSCH) transmission occasion; multiplex: a first configured grant uplink control information (CG-UCI) in one or more first resource elements of a first sub-band of the PUSCH transmission occasion; and a second CG-UCI in one or more second resource elements of a second sub-band of the PUSCH transmission occasion, wherein the second CG-UCI is based on a repetition of the first CG-UCI; and transmit, via the PUSCH transmission occasion, at least one of the first CG-UCI and the second CG-UCI.
12. The wireless device of claim 11, wherein multiplexing a CG-UCI comprises multiplexing control bits for the CG-UCI onto data bits of the PUSCH, and a length of the control bits is determined based on a number of resource elements that can be used for transmission of the CG-UCI.
13. The wireless device of claim 12, wherein the instructions, when executed by the one or more processors, further cause the wireless device to determine: based on a first frequency offset and a number of the one or more first resource elements, a first length of first control bits for the first CG-UCI; and based on a second frequency offset and a number of the one or more second resource elements, a second length of second control bits for the second CG-UCI.
14. The wireless device of claim 12, wherein the instructions, when executed by the one or more processors, further cause the wireless device to transmit the PUSCH via one or more periodic radio resources of the configured uplink grant and based on one or more listen-before-talk (LBT) procedures performed on the first sub-band and the second sub-band.
15. The wireless device of claim 14, wherein the first CG-UCI and the second CG-UCI comprise at least one of: one or more hybrid automatic repeat request (HARQ) process identifiers of the PUSCH; one or more indicators indicating whether the PUSCH corresponds to new data; one or more redundancy versions of the PUSCH; and channel occupancy time information.
16. The wireless device of claim 14, wherein the transmitting comprises transmitting, in response to the one or more LBT procedures indicating the first sub-band and the second sub-band are idle: the first CG-UCI via the first sub-band; and the second CG-UCI via the second sub-band.
17. The wireless device of claim 14, wherein the instructions, when executed by the one or more processors, further cause the wireless device to, in response to the one or more LBT procedures indicating the first sub-band is occupied and the second sub-band is idle: not transmit the first CG-UCI via the first sub-band; and transmit the second CG-UCI via the second sub-band.
18. The wireless device of claim 11, wherein the first sub-band and the second sub-band comprise resource blocks of a bandwidth part.
19. The wireless device of claim 11, wherein the first sub-band and the second sub-band are adjacent.
20. A system comprising: a base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to transmit configuration parameters of resources of a configured uplink grant, comprising a physical uplink shared channel (PUSCH) transmission occasion; 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: receive the configuration parameters of the resources of the configured uplink grant comprising the PUSCH transmission occasion; multiplex: a first configured grant uplink control information (CG-UCI) in one or more first resource elements of a first sub-band of the PUSCH transmission occasion; and a second CG-UCI in one or more second resource elements of a second sub-band of the PUSCH transmission occasion, wherein the second CG-UCI is based on a repetition of the first CG-UCI; and transmit, via the PUSCH transmission occasion, at least one of the first CG-UCI and the second CG-UCI.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
R1-1908112 (Huawei “Transmission with configured grant in NR unlicensed band” 3GPP WG1 #98 August 26-30, 2019).
Regarding claim 1, R1-1908112 disclose “a method comprising: “transmitting, via one or more physical uplink shared channel (PUSCH) transmission occasions, at least one of a first configured grant uplink control information (CG-UCI)” (See CG-UCI on PUSCH1 Figure 3) “and the second CG-UCI” (See CG-UCI on PUSCH2 Figure 3); “wherein: the first CG-UCI is multiplexed in one or more first resource elements of a first sub-band of the one or more PUSCH transmission occasions” (Section 2.2 multiple sub-band procedures) “the second CG-UCI is multiplexed in one or more second resource elements of a second sub-band of the one or more PUSCH transmission occasions;” (See section 3.1.1 initial CG-UCI on PUSCH); and a second CG-UCI based on the one or more second resource elements (section 3.1.1 retransmission of CG-UCI on PUSCH), “and the second CG-UCI is based on a repetition of the first CG-UCI” (See K repetitions Figure 1 CG configuration parameter).
As per claim 2, R1-1908112 discloses “multiplexing control bits for the first CG-UCI and the second CG-UCI onto data bits of the one or more PUSCH transmission occasions, wherein a length of the control bits is based on a number of resource elements that can be used for transmission of the first CG-UCI and the second CG-UCI” (See section 1 UCI on PUSCH) multiplexing control bits for the CG-UCI onto data bits for a physical uplink shared channel (PUSCH) (section 2.1.1 resource configuration), and a length of the control bits (L=2, 7, or 14 page 2) is determined based on a number of resource elements (page 4 e.g. L=4) that can be used for transmission of the CG-UCI (Figure 3 Flexible configuration of multiple PUSCH using L).
AS per claim 3, R1-1908112 discloses determining based on a first frequency offset (section 1 indicated offset e.g. SLIV page 2) and a number of the one or more first resource elements, a first length of first control bits for the first CG-UCI (Figure 2 page 2 SLIV used to determine PUSCH1 starting position and length L and OFDM symbol duration); and based on a second frequency offset (SLIV page 2) and a number of the one or more second resource elements, a second length of second control bits for the second CG-UCI (Figure 2 page 2 SLIV used to determine PUSCH2 starting position and length L and OFDM symbol duration).
As per claim 5, R1-1908112 discloses transmitting in response to the one or more LBT procedures indicating the first sub-band and the second sub-band are idle (page 6 for which LBT procedures would be successful): the first CG-UCI via the first sub-band; and the second CG-UCI via the second sub-band (Proposal 7 CG UE can transmit on one or more subbands for which LBT procedures are successful).
As per claim 6, R1-1908112 discloses in response to the one or more LBT procedures indicating the first sub-band is occupied (Figure 3 LBT failed) and the second sub-band is idle (Figure 3 LBT success when S=8): not transmitting the first CG-UCI via the first sub-band (not transmitting PUSCH1 when S=0); and transmitting the second CG-UCI via the second sub-band (transmitting PUSCH1 when S=8).
As per claim 7, R1-1908112 discloses wherein the first CG-UCI and the second CG-UCI (section 2.4 UCI on PUSCH) comprise at least one of: one or more hybrid automatic repeat request (HARQ) process identifiers of the PUSCH (2.4 HARQ process ID); one or more indicators indicating whether the PUSCH corresponds to new data (2.4 NDI); one or more redundancy versions of the PUSCH (2.4 RVID); and channel occupancy time information (section 4 gNB-acquired MCOT).
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.
Claims 4 and 8-20, are rejected under 35 U.S.C. 103 as being unpatentable over R1-1908112 (Huawei “Transmission with configured grant in NR unlicensed band” 3GPP WG1 #98 August 26-30, 2019) in view of Li et al. (US 2021/0092763 as supported by provisional application 62/929,703 filed Sep. 20, 2019 hereafter Li).
As per claim 4, most of the limitations of this claim have been noted in the rejection of claim 1. Applicant’s attention is directed to the rejection of claim 1 above. It is noted however, R1-1908112 does not explicitly teach the apparatus nor explicitly teach transmitting over 2 different BWP subbands. On the other hand, Li (Figure 13) discloses transmitting the PUSCH (R1 Figure 3) via the periodic radio resources of the configured uplink grant and based on the one or more LBT procedures (Li Figure 13 left Axis) performed on the first sub-band (e.g. BWP0) and the second sub-band (Li Figure 13 e.g. BWP1). Therefore, it would have been obvious to one of ordinary skill before the effective filing date to adopt the apparatus and BWP switching capabilities of NR wideband to more flexibly utilize extra bandwidth [0102].
Regarding claim 8, R1-1908112 disclose “a method comprising: “transmit via one or more physical uplink shared channel (PUSCH) transmission occasions, at least one of a first configured grant uplink control information (CG-UCI)” (See CG-UCI on PUSCH1 Figure 3) “and the second CG-UCI” (See CG-UCI on PUSCH2 Figure 3); “wherein: the first CG-UCI is multiplexed in one or more first resource elements of a first sub-band of the one or more PUSCH transmission occasions” (Section 2.2 multiple sub-band procedures) “the second CG-UCI is multiplexed in one or more second resource elements of a second sub-band of the one or more PUSCH transmission occasions;” (See section 3.1.1 initial CG-UCI on PUSCH); and a second CG-UCI based on the one or more second resource elements (section 3.1.1 retransmission of CG-UCI on PUSCH), “and the second CG-UCI is based on a repetition of the first CG-UCI” (See K repetitions Figure 1 CG configuration parameter). It is noted however, R1-1908112 did not specifically detail “wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors” as recited in the instant claim 8. On the other hand, Li achieved the aforementioned features; particularly, Li discloses the apparatus (UE 116 Figure 3), processor(s) (340 Figure 3), and memory storing instructions (360 Figure 3). Li also teaches the apparatus (gNB 102 Figure 2), processor(s) (225 Figure 2) and memory storing instructions (230 Figure 2). It would have been obvious to one of ordinary skill before the effective filing date to adopt the apparatus and BWP switching capabilities of NR wideband to more flexibly utilize extra bandwidth [0102].
As per claim 9, R1-1908112 discloses “multiplexing control bits for the first CG-UCI and the second CG-UCI onto data bits of the one or more PUSCH transmission occasions, wherein a length of the control bits is based on a number of resource elements that can be used for transmission of the first CG-UCI and the second CG-UCI” (See section 1 UCI on PUSCH) multiplexing control bits for the CG-UCI onto data bits for a physical uplink shared channel (PUSCH) (section 2.1.1 resource configuration), and a length of the control bits (L=2, 7, or 14 page 2) is determined based on a number of resource elements (page 4 e.g. L=4) that can be used for transmission of the CG-UCI (Figure 3 Flexible configuration of multiple PUSCH using L).
AS per claim 10, R1-1908112 discloses determining based on a first frequency offset (section 1 indicated offset e.g. SLIV page 2) and a number of the one or more first resource elements, a first length of first control bits for the first CG-UCI (Figure 2 page 2 SLIV used to determine PUSCH1 starting position and length L and OFDM symbol duration); and based on a second frequency offset (SLIV page 2) and a number of the one or more second resource elements, a second length of second control bits for the second CG-UCI (Figure 2 page 2 SLIV used to determine PUSCH2 starting position and length L and OFDM symbol duration).
As per claim 11, most of the limitations of this claim have been noted in the rejection of claim 8. Applicant’s attention is directed to the rejection of claim 8 above. It is noted however, R1-1908112 does not explicitly teach the apparatus nor explicitly teach transmitting over 2 different BWP subbands. On the other hand, Li (Figure 13) discloses transmitting the PUSCH (R1 Figure 3) via the periodic radio resources of the configured uplink grant and based on the one or more LBT procedures (Li Figure 13 left Axis) performed on the first sub-band (e.g. BWP0) and the second sub-band (Li Figure 13 e.g. BWP1). Therefore, it would have been obvious to one of ordinary skill before the effective filing date to adopt the apparatus and BWP switching capabilities of NR wideband to more flexibly utilize extra bandwidth [0102].
As per claim 12, R1-1908112 discloses transmitting in response to the one or more LBT procedures indicating the first sub-band and the second sub-band are idle (page 6 for which LBT procedures would be successful): the first CG-UCI via the first sub-band; and the second CG-UCI via the second sub-band (Proposal 7 CG UE can transmit on one or more subbands for which LBT procedures are successful).
As per claim 13, R1-1908112 discloses in response to the one or more LBT procedures indicating the first sub-band is occupied (Figure 3 LBT failed) and the second sub-band is idle (Figure 3 LBT success when S=8): not transmitting the first CG-UCI via the first sub-band (not transmitting PUSCH1 when S=0); and transmitting the second CG-UCI via the second sub-band (transmitting PUSCH1 when S=8).
As per claim 14, R1-1908112 discloses wherein the first CG-UCI and the second CG-UCI (section 2.4 UCI on PUSCH) comprise at least one of: one or more hybrid automatic repeat request (HARQ) process identifiers of the PUSCH (2.4 HARQ process ID); one or more indicators indicating whether the PUSCH corresponds to new data (2.4 NDI); one or more redundancy versions of the PUSCH (2.4 RVID); and channel occupancy time information (section 4 gNB-acquired MCOT).
Regarding claim 15, R1-1908112 disclose “transmit via one or more physical uplink shared channel (PUSCH) transmission occasions, at least one of a first configured grant uplink control information (CG-UCI)” (See CG-UCI on PUSCH1 Figure 3) “and the second CG-UCI” (See CG-UCI on PUSCH2 Figure 3); “wherein: the first CG-UCI is multiplexed in one or more first resource elements of a first sub-band of the one or more PUSCH transmission occasions” (Section 2.2 multiple sub-band procedures) “the second CG-UCI is multiplexed in one or more second resource elements of a second sub-band of the one or more PUSCH transmission occasions;” (See section 3.1.1 initial CG-UCI on PUSCH); and a second CG-UCI based on the one or more second resource elements (section 3.1.1 retransmission of CG-UCI on PUSCH), “and the second CG-UCI is based on a repetition of the first CG-UCI” (See K repetitions Figure 1 CG configuration parameter). It is noted however, R1-1908112 did not specifically detail “non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device to cause the wireless device to….” as recited in the instant claim 15. On the other hand, Li achieved the aforementioned features; particularly, Li discloses the apparatus (UE 116 Figure 3), processor(s) (340 Figure 3), and memory storing instructions (360 Figure 3). Li also teaches the apparatus (gNB 102 Figure 2), processor(s) (225 Figure 2) and memory storing instructions (230 Figure 2). It would have been obvious to one of ordinary skill before the effective filing date to adopt the apparatus and BWP switching capabilities of NR wideband to more flexibly utilize extra bandwidth [0102].
As per claim 16, R1-1908112 discloses “multiplexing control bits for the first CG-UCI and the second CG-UCI onto data bits of the one or more PUSCH transmission occasions, wherein a length of the control bits is based on a number of resource elements that can be used for transmission of the first CG-UCI and the second CG-UCI” (See section 1 UCI on PUSCH) multiplexing control bits for the CG-UCI onto data bits for a physical uplink shared channel (PUSCH) (section 2.1.1 resource configuration), and a length of the control bits (L=2, 7, or 14 page 2) is determined based on a number of resource elements (page 4 e.g. L=4) that can be used for transmission of the CG-UCI (Figure 3 Flexible configuration of multiple PUSCH using L).
AS per claim 17, R1-1908112 discloses determining based on a first frequency offset (section 1 indicated offset e.g. SLIV page 2) and a number of the one or more first resource elements, a first length of first control bits for the first CG-UCI (Figure 2 page 2 SLIV used to determine PUSCH1 starting position and length L and OFDM symbol duration); and based on a second frequency offset (SLIV page 2) and a number of the one or more second resource elements, a second length of second control bits for the second CG-UCI (Figure 2 page 2 SLIV used to determine PUSCH2 starting position and length L and OFDM symbol duration).
As per claim 18, most of the limitations of this claim have been noted in the rejection of claim 15. Applicant’s attention is directed to the rejection of claim 15 above. It is noted however, R1-1908112 does not explicitly teach the apparatus nor explicitly teach transmitting over 2 different BWP subbands. On the other hand, Li (Figure 13) discloses transmitting the PUSCH (R1 Figure 3) via the periodic radio resources of the configured uplink grant and based on the one or more LBT procedures (Li Figure 13 left Axis) performed on the first sub-band (e.g. BWP0) and the second sub-band (Li Figure 13 e.g. BWP1). Therefore, it would have been obvious to one of ordinary skill before the effective filing date to adopt the apparatus and BWP switching capabilities of NR wideband to more flexibly utilize extra bandwidth [0102].
As per claim 19, R1-1908112 discloses in response to the one or more LBT procedures indicating the first sub-band is occupied (Figure 3 LBT failed) and the second sub-band is idle (Figure 3 LBT success when S=8): not transmitting the first CG-UCI via the first sub-band (not transmitting PUSCH1 when S=0); and transmitting the second CG-UCI via the second sub-band (transmitting PUSCH1 when S=8).
As per claim 20, R1-1908112 discloses wherein the first CG-UCI and the second CG-UCI (section 2.4 UCI on PUSCH) comprise at least one of: one or more hybrid automatic repeat request (HARQ) process identifiers of the PUSCH (2.4 HARQ process ID); one or more indicators indicating whether the PUSCH corresponds to new data (2.4 NDI); one or more redundancy versions of the PUSCH (2.4 RVID); and channel occupancy time information (section 4 gNB-acquired MCOT).
Conclusion
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/FRANTZ COBY/Primary Examiner, Art Unit 2459
September 25, 2026
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