DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application
2. This instant Office Action is in response to Original Filing filed on 11/18/2024.
3. This Office Action is made Non-Final.
4. Claims 1-20 are pending.
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on 11/20/2024 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 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.
6. Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over the following: Claims 1-20 of US Patent 12,150,181; Claims 1-20 of US Patent 11,770,860; Claims 1-20 of US Patent 11,419,154; Claims 1-20 of US Patent 10,873,977; and Claims 1-20 of US Patent 10,420,147.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are all claiming similar subject matter relating to configuration of LBT procedure during random access procedure, performing LBT for preamble transmission for a random access procedure transmission counter and detecting LBT failure or success.
In addition, due to the fact that there are 5 patents only 3 of the most recent patents are mapped below in the table below which compares the claims of the present invention with the relevant claims in the U.S. Patent No. 11770860 and Patent 12/150,181 wherein each claims that are similar or exact are in the same box side by side.
However, a Terminal Disclaimer should be filed for all of the five US patents listed above.
Current AP. No. 18950727
US Patent US 11,770,860
US Patent 12,150,181
1. A method comprising: transmitting, by a base station to a wireless device, at least one radio resource control (RRC) message comprising configuration parameters of an unlicensed cell; transmitting a first physical downlink control channel (PDCCH) to initiate a random access procedure on the unlicensed cell; in response to a listen-before-talk (LBT) procedure indicating a clear channel for uplink transmission of a first preamble of the random access procedure: receiving, by the base station, the first preamble via a random access channel (RACH) of the unlicensed cell; and transmitting, by the base station, a second PDCCH for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: receiving, by the base station, a second preamble based on a random access resource selection procedure; and not transmitting, by the base station, the second PDCCH for the RAR.
8. 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, to a wireless device, at least one radio resource control (RRC) message comprising configuration parameters of an unlicensed cell; transmit a first physical downlink control channel (PDCCH) to initiate a random access procedure on the unlicensed cell; in response to a listen-before-talk (LBT) procedure indicating a clear channel for uplink transmission of a first preamble of the random access procedure: receive the first preamble via a random access channel (RACH) of the unlicensed cell; and transmit a second PDCCH for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: receive a second preamble based on a random access resource selection procedure; and not transmit the second PDCCH for the RAR.
15. A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to: transmit, to a wireless device, at least one radio resource control (RRC) message comprising configuration parameters of an unlicensed cell; transmit a first physical downlink control channel (PDCCH) to initiate a random access procedure on the unlicensed cell; in response to a listen-before-talk (LBT) procedure indicating a clear channel for uplink transmission of a first preamble of the random access procedure: receive the first preamble via a random access channel (RACH) of the unlicensed cell; and transmit a second PDCCH for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: receive a second preamble based on a random access resource selection procedure; and not transmit the second PDCCH for the RAR.
1. A method comprising: initiating, by a wireless device, a random access procedure on an unlicensed cell; performing a listen-before-talk (LBT) procedure for transmission of a preamble of the random access procedure; in response to the LBT procedure indicating a clear channel: transmitting the preamble via a random access channel (RACH) of the unlicensed cell; and monitoring a physical downlink control channel (PDCCH) for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: not monitoring the PDCCH for the RAR; and performing a random access resource selection procedure.
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: initiate a random access procedure on an unlicensed cell; perform a listen-before-talk (LBT) procedure for transmission of a preamble of the random access procedure; in response to the LBT procedure indicating a clear channel: transmit the preamble via a random access channel (RACH) of the unlicensed cell; and monitor a physical downlink control channel (PDCCH) for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: not monitor the PDCCH for the RAR; and perform a random access resource selection procedure.
20. A method comprising: transmitting, by a base station to a wireless device, a control order to initiate a random access procedure on an unlicensed cell; in response to a listen-before-talk (LBT) procedure indicating a clear channel for uplink transmission of a first preamble of the random access procedure: receiving, by the base station, the preamble via a random access channel (RACH) of the unlicensed cell; and transmitting, by the base station, a physical downlink control channel (PDCCH) for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: not transmitting, by the base station, the PDCCH for the RAR; and receiving, by the base station, a second preamble based on a random access resource selection procedure.
1. A method comprising: transmitting, by a base station to a wireless device, a first physical downlink control channel (PDCCH) to initiate a random access procedure on an unlicensed cell; in response to a listen-before-talk (LBT) procedure indicating a clear channel for uplink transmission of a first preamble of the random access procedure: receiving, by the base station, the first preamble via a random access channel (RACH) of the unlicensed cell; and transmitting, by the base station, a second PDCCH for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: receiving, by the base station, a second preamble based on a random access resource selection procedure; and not transmitting, by the base station, the second PDCCH for the RAR.
11. 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, to a wireless device, a first physical downlink control channel (PDCCH) to initiate a random access procedure on an unlicensed cell; in response to a listen-before-talk (LBT) procedure indicating a clear channel for uplink transmission of a first preamble of the random access procedure: receive the first preamble via a random access channel (RACH) of the unlicensed cell; and transmit a second PDCCH for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: receive a second preamble based on a random access resource selection procedure; and not transmit the second PDCCH for the RAR.
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to initiating, by a wireless device, a random access procedure on an unlicensed cell; performing a listen-before-talk (LBT) procedure for transmission of a preamble of the random access procedure
2. The method of claim 1, wherein the at least one RRC message further comprises: a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
3. The method of claim 2, further comprising, in response to the LBT procedure indicating the clear channel, incrementing the preamble transmission counter.
4. The method of claim 3, further comprising setting a preamble power parameter using a value of the preamble transmission counter.
5. The method of claim 2, further comprising, in response to the LBT procedure indicating the LBT failure, maintaining a same value of the preamble transmission counter.
6. The method of claim 1, further comprising, in response to the receiving the first preamble via the RACH, transmitting the second PDCCH for the RAR.
9. The base station of claim 8, wherein the at least one RRC message further comprises: a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
10. The base station of claim 9, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the clear channel, increment the preamble transmission counter.
11. The base station of claim 10, wherein the instructions further cause the base station to set a preamble power parameter using a value of the preamble transmission counter.
12. The base station of claim 9, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the LBT failure, maintain a same value of the preamble transmission counter.
13. The base station of claim 8, wherein the instructions further cause the base station to, in response to receiving the first preamble via the RACH, transmit the second PDCCH for the RAR.
16. The non-transitory computer-readable medium of claim 15, wherein the at least one RRC message further comprises: a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
17. The non-transitory computer-readable medium of claim 16, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the clear channel, increment the preamble transmission counter.
18. The non-transitory computer-readable medium of claim 17, wherein the instructions further cause the base station to set a preamble power parameter using a value of the preamble transmission counter.
19. The non-transitory computer-readable medium of claim 16, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the LBT failure, maintain a same value of the preamble transmission counter.
20. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the base station to. in response to receiving the first preamble via the RACH. transmitting the second PDCCH for the RAR.
2. The method of claim 1, further comprising receiving at least one radio resource control (RRC) message comprising: a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
3. The method of claim 2, further comprising, in response to the LBT procedure indicating the clear channel, incrementing the preamble transmission counter.
4. The method of claim 3, further comprising setting a preamble power parameter using a value of the preamble transmission counter.
5. The method of claim 2, further comprising, in response to the LBT procedure indicating the LBT failure, keeping the preamble transmission counter the same.
6. The method of claim 1, wherein the monitoring the PDCCH for the RAR is further in response to the transmitting the preamble via the RACH.
12. The wireless device of claim 11, wherein the instructions, when executed by the one or more processors, further cause the wireless device to receive at least one radio resource control (RRC) message comprising: a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
13. The wireless device of claim 12, wherein the instructions, when executed by the one or more processors, further cause the wireless device to, in response to the LBT procedure indicating the clear channel, increment the preamble transmission counter.
14. The wireless device of claim 13, wherein the instructions, when executed by the one or more processors, further cause the wireless device to set a preamble power parameter using a value of the preamble transmission counter.
15. The wireless device of claim 12, wherein the instructions, when executed by the one or more processors, further cause the wireless device to, in response to the LBT procedure indicating the LBT failure, keep the preamble transmission counter the same.
16. The wireless device of claim 11, wherein the monitoring of the PDCCH for the RAR is further in response to the transmission of the preamble via the RACH.
2. The method of claim 1, further comprising transmitting at least one radio resource control (RRC) message comprising: a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
3. The method of claim 2, further comprising, in response to the LBT procedure indicating the clear channel, incrementing the preamble transmission counter.
4. The method of claim 3, further comprising setting a preamble power parameter using a value of the preamble transmission counter.
5. The method of claim 2, further comprising, in response to the LBT procedure indicating the LBT failure, maintaining a same value of the preamble transmission counter.
6. The method of claim 1, further comprising, in response to the receiving the first preamble via the RACH, transmitting the second PDCCH for the RAR.
12. The base station of claim 11, wherein the instructions further cause the base station to transmit at least one radio resource control (RRC) message comprising: a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
13. The base station of claim 12, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the clear channel, increment the preamble transmission counter.
14. The base station of claim 13, wherein the instructions further cause the base station to set a preamble power parameter using a value of the preamble transmission counter.
15. The base station of claim 12, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the LBT failure, maintain a same value of the preamble transmission counter.
16. The base station of claim 11, wherein the instructions further cause the base station to, in response to the receiving the first preamble via the RACH, transmit the second PDCCH for the RAR.
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to a first maximum counter value of a preamble transmission counter; and a second maximum counter value of a second counter.
7. The method of claim 1, further comprising, in response to the LBT procedure indicating the LBT failure, not receiving the first preamble.
14. The base station of claim 8, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the LBT failure, not receive the first preamble.
7. The method of claim 1, further comprising, in response to the LBT procedure indicating the LBT failure, dropping the transmission of the preamble.
8. The method of claim 1, further comprising, in response to the LBT procedure indicating the clear channel: starting a random access response window, wherein the monitoring the PDCCH for the RAR to the preamble is during the random access response window.
9. The method of claim 1, further comprising, in response to the LBT procedure indicating the LBT failure, not receiving the RAR to the preamble in response to not monitoring the PDCCH for the RAR.
10. The method of claim 1, further comprising determining that the random access procedure successfully completes based on receiving the RAR to the preamble.
17. The wireless device of claim 11, wherein the instructions, when executed by the one or more processors, further cause the wireless device to, in response to the LBT procedure indicating the LBT failure, drop the transmission of the preamble.
18. The wireless device of claim 11, wherein the instructions, when executed by the one or more processors, further cause the wireless device to, in response to the LBT procedure indicating the clear channel: start a random access response window, wherein the monitoring of the PDCCH for the RAR to the preamble is during the random access response window.
19. The wireless device of claim 11, wherein the instructions, when executed by the one or more processors, further cause the wireless device to, in response to the LBT procedure indicating the LBT failure, not receive the RAR to the preamble in response to not monitoring the PDCCH for the RAR.
7. The method of claim 1, further comprising, in response to the LBT procedure indicating the LBT failure, not receiving the first preamble.
8. The method of claim 1, further comprising, in response to the LBT procedure indicating the clear channel: starting a random access response window; and transmitting the second PDCCH for the RAR during the random access response window.
9. The method of claim 1, further comprising, in response to the LBT procedure indicating the LBT failure, not receiving the RAR to the second preamble based on the random access resource selection procedure.
10. The method of claim 1, further comprising determining successful completion of the random access procedure based on the wireless device receiving the RAR to the second preamble.
17. The base station of claim 11, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the LBT failure, not receive the first preamble.
18. The base station of claim 11, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the clear channel: start a random access response window; and transmit the second PDCCH for the RAR during the random access response window.
19. The base station of claim 11, wherein the instructions further cause the base station to, in response to the LBT procedure indicating the LBT failure, not receive the RAR to the second preamble based on the random access resource selection procedure.
20. The base station of claim 11, wherein the instructions further cause the base station to determine successful completion of the random access procedure based on the wireless device receiving the RAR to the second preamble.
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to wherein the monitoring the PDCCH for the RAR to the preamble is during the random access response window.
With respect to claims, the Pending Application merely broaden the scope of the application by eliminating terms " not monitoring the PDCCH for the RAR; and performing a random access resource selection procedure.”
It has been held that the omission of the element and its function is an obvious expedient if the remaining elements perform the same function as before, In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would be obvious to one skill in the art.
Allowable Subject Matter
1. Claims 1-20 are rejected under a non-statutory double patenting rejection but would be
allowable if a Terminal Disclaimer is filed and approved which would overcome the non-
statutory double patenting rejection set forth herein.
2. As to Independent Claims 1, 8, and 15 the limitations recited in the claims along with its dependent claims would be allowed because in combination with their dependent claims the closest prior arts, Ye US 2016/0234861 discloses receiving message for RA (random access) procedure for UE to perform RA procedure on SCell on unlicensed carriers (i.e. LAA cell), and determining if RA is unsuccessful, and a preamble transmission counter [Sections 0007, 0022, 0029, 0033, 0036]; the second prior art Pelletier US 2012/0300715 discloses random access procedure in which physical layer instruct MAC layer to transmit, and setting preamble transmission counter in which timing is limited to a maximum value [Sections 0118, 0145-0148, 0153-0154]; and the third prior art Dinan US 2013/0258862 discloses that when random access is considered not successful the UE may increment the preamble transmission counter by 1 [Section 0052].
However, Ye, Pelletier, and Dinan in combination do not render obvious in combination with other limitations in the independent claims the claim elements A method comprising: transmitting, by a base station to a wireless device, a first physical downlink control channel (PDCCH) to initiate a random access procedure on an unlicensed cell; in response to a listen-before-talk (LBT) procedure indicating a clear channel for uplink transmission of a first preamble of the random access procedure: receiving, by the base station, the first preamble via a random access channel (RACH) of the unlicensed cell; and transmitting, by the base station, a second PDCCH for a random access response (RAR); and in response to the LBT procedure indicating an LBT failure: receiving, by the base station, a second preamble based on a random access resource selection procedure; and not transmitting, by the base station, the second PDCCH for the RAR.
Therefore, the prior arts in combination do not render the claimed limitations obvious.
Conclusion
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September 24, 2026
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477
