www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/922,970
`
`11/03/2022
`
`Naoki KUSASHIMA
`
`19238US01
`
`9229
`
`Xsensts
`
`/Sony —
`
`Xsensus / Sony
`100 Daingerfield Road, Suite 402
`Alexandria, VA 22314
`
`GIDADO, RASHEED
`
`2464
`
`01/28/2025
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`Xdocket @ XSensus.com
`
`Xsensuspat@ XSensus.com
`anaquadocketing @ Xsensus.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-13 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 11/03/2022 is/are: a)[¥) accepted or b)(.) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20250120
`
`Application No.
`Applicant(s)
`171922,970
`KUSASHIMA, Naoki
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`RASHEED GIDADO
`2464
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 11/03/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`This communication is response to the application filed 11/03/2022. Claims 1-13
`
`are pending and presented for examination.
`
`Notice of Pre-AlA or AIA Status
`
`2.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`underthefirst inventor to file provisions of the AIA.
`
`3.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Priority
`
`Information Disclosure Statement
`
`4.
`
`The information disclosure statement (IDS) submitted on 11/03/2022 and
`
`10/10/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the
`
`information disclosure statement is being considered by the examiner.
`
`Claim Rejections - 35 USC § 101
`
`5.
`
`35 U.S.C. 101 reads asfollows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture,or
`composition of matter, or any new and useful improvementthereof, may obtaina patent
`therefor, subjectto the conditions and requirementsofthis title.
`
`Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is
`
`directed to non-statutory subject matter. A program causing a computer to perform is
`
`not considered statutory because computer programs claimed as computerlistings per
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 3
`
`se, i.e., the descriptions or expressions of the programs, are not physical things, they
`
`are neither computer components nor statutory processes, as they are not acts being
`
`performed. Such claimed computer programs do not define structural and functional
`
`interrelationships between the computer program and other claimed elements of a
`
`computer which permit the computer programs functionality to be realized.
`
`In contrast, a
`
`claimed non-transitory computer-readable medium encoded with a computer program is
`
`a computer element which defines structural and functional interrelationships between
`
`the computer program and the rest of the computer which permit the computer
`
`program’s functionality to be realized, and is thus statutory. See Lowry, 32 F.3d at 1583-
`
`84, 32 USPQ2d at 1035 and Warmerdam, 33 F.3d at 1361, 31 USPQ2d at 1754 (claim
`
`to data structure per se held nonstatutory). Therefore, since the claimed software
`
`programs are not tangibly embodied in a physical medium and encoded on a non-
`
`transitory computer readable medium then the Applicants has not complied with 35
`
`U.S.C. 101.
`
`In the instant claim 30 the computer program product has to be encoded or
`
`embodied in a non-transitory computer readable medium and has to be executed by a
`
`processor or computerin order to be statutory.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`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 madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public beforethe effectivefiling date of the claimed
`invention.
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 4
`
`7.
`
`Claim(s) 1, 2, 7, 9, 12, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by US Pub. 2019/0239145 to Harada etal. (hereafter Harada).
`
`Regarding claim 1, Harada discloses a communication device (See Harada, Fig
`
`6, mobile station 600 and base station 700) comprising:
`
`a sensing unit that performs sensing of a channel in an unlicensed band (see
`
`Harada, § 0016: when a basestation desires to perform downlink transmission using an
`
`unlicensed band, the base station listens to the channel in the unlicensed band....... the
`
`base station transmits control signaling,
`
`including scheduling information, to a mobile
`
`station, so that the mobile station will listen to the channel for the unlicensed band
`
`based on the scheduling information);
`
`a communication unit that performs communication based ona result of the
`
`sensing see Harada, 7 0016: determine whether or not the mobile station can access
`
`the channel and perform uplink transmission based on the result of listening. Similarly,
`
`in a subframe 120, too, the base station listens to the channel and performs downlink
`
`transmission); and
`
`a control unit that selects, as a method for the sensing, any oneof a first manner
`
`of performing the sensing a predetermined numberof times within a variable period
`
`(see Harada, ¥ 0018: In category 4, communication apparatus needsto listen to the
`
`channel based on a random backoff algorithm in which the contention windowsize is
`
`variable) and a second method different from the first method according to a
`
`predetermined condition (see Harada, § 0018: In category 2, communication apparatus
`
`needs to listen to the channel for a certain period of time (for example, 25 us), and does
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 5
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`not have to backoff randomly. In category 3, communication apparatus needsto listen
`
`to the channel based on a random backoff algorithm with a fixed contention window
`
`size; | 0019: the base station commands the mobile station to listen to the channel
`
`according to category 4, in each uplink subframe).
`
`Regarding claim 2, Harada disclose the communication device according to
`
`claim 1, wherein the second method is a method of performing the sensing a
`
`predetermined numberof times within a fixed period (see Harada, § 0018: In category
`
`3, communication apparatus needsto listen to the channel based on a random backoff
`
`algorithm with a fixed contention window size).
`
`Regarding claim 7, Harada discloses the communication device according to
`
`claim 1, wherein the control unit selects the method for the sensing based on a result of
`
`the sensing (see Harada, ¥ 0022: when the mobile station listens to the channel in the
`
`first subframe based onthefirst listening type and succeedsin performing uplink
`
`transmission in the first subframe, even if the first scheduling information is received, in
`
`the second subframe, the mobile station listens to the channel based on the second
`
`listening type).
`
`Regarding claim 9, Harada discloses the communication device according to
`
`claim 1, wherein the control unit selects the method for the sensing according to an
`
`instruction from another device (see Harada, § 0019: the mobile station is commanded
`
`to listen to the channel based on a channel access scheme that is similar to Wi-Fi. For
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 6
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`example, the base station commands the mobile station to listen to the channel
`
`according to category 4, in each uplink subframe).
`
`Regarding claim 12, it is rejected for the same reasonsas set forth in claim 1.
`
`Although phrased as a method claim, the claim s nevertheless simple repetition of the
`
`subject matter of claim 1.
`
`Regarding claim 13,it is rejected for the same reasonsas set forth in claim 1.
`
`Although phrased as a program claim, the claim s nevertheless simple repetition of the
`
`subject matter of claim 1.
`
`8.
`
`Claim(s) 1-3, 12, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by US Pub. 2020/0092915 to LIN et al. (hereafter Lin).
`
`Regarding claim1, Lin discloses a communication device (see Lin, Fig 12,
`
`communication device 100; 4 0020: a communications device, where the
`
`communications device includes a processor and a transceiver) comprising:
`
`a sensing unit that performs sensing of a channel in an unlicensed band (seeLin,
`
`Fig 6, step S110; 4 0005: sensing, by acommunications device, a carrier located in a
`
`first unlicensed frequency band, wherethefirst unlicensed frequency band includes at
`
`least one carrier; § 0020: the transceiver is configured to sense a carrier located in a
`
`first unlicensed frequency band, wherethefirst unlicensed frequency band includes at
`
`least one carrier; § 0094: The first communications device senses thefirst carrier in the
`
`

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`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 7
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`first unlicensed frequency band, and sends the data onthefirst carrier that is
`
`successfully sensed);
`
`a communication unit that performs communication based ona result of the
`
`sensing (see Lin, Fig 6, step S110; § 0005: sending, by the communications device,
`
`data on a carrier whose channel state is sensed to be idle; § 0020: configured to send
`
`the data on a carrier whose channel state is sensed to be idle; § 0094: sends the data
`
`on thefirst carrier that is successfully sensed. Another communications device may
`
`further sense in the first unlicensed frequency band, and send data in thefirst
`
`unlicensed frequency band when sensing successfully); and
`
`a control unit that selects, as a method for the sensing, any one ofa first manner
`
`of performing the sensing a predetermined numberof times within a variable period
`
`(see Lin, § 0006: sensing, by the communications device,a first carrier in the first
`
`unlicensed frequency band by using a first sensing mechanism, wherein thefirst
`
`sensing mechanism, when a sensed carrier is sensed to beidle within at leastfirst
`
`preset duration; § 0007: the first sensing mechanism includes the following steps: $1.
`
`randomly selecting an integer N within a pre-specified non-negative integer range, and
`
`setting an initial value of a counter to N; S2. continuously sensing until the sensed
`
`carrier is sensed to beidle within the first preset duration....if the count value of the
`
`counter is equal to 0, determining that the channel state of the sensed carrieris idle;
`
`and S4. continuing to sense the sensed carrier within second preset duration,
`
`if the
`
`sensed carrier is sensed to be idle within the second preset duration, decreasing the
`
`count value of the counter by 1, and returning to perform S3; and if the sensed carrieris
`
`sensed to be busy within the second preset duration, returning to perform S2. Total
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 8
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`duration of sensing by using the first sensing mechanism is not fixed; § 0057: in the
`
`first sensing mechanism, when the sensed carrier is sensed to beidle within atleast
`
`first preset duration T1, a channel state of the sensed carrier is determined as idle) and
`
`a second method different from the first method according to a predetermined condition
`
`(see Lin, § 0008: the sensing, by a communications device, a carrier located inafirst
`
`unlicensed frequency band further includes: sensing, by the communications device, a
`
`second carrier in the first unlicensed frequency band by using a second sensing
`
`mechanism, wherein the second sensing mechanism, when the sensed carrier is
`
`sensed to beidle within at least third preset duration, a channel state of the sensed
`
`carrier is determined as idle; { 0060: Thefirst communications device senses, by using
`
`a second sensing mechanism, a second carrier in the first unlicensed frequency band.
`
`In the second sensing mechanism, when the sensed carrier is sensed to be idle within
`
`at least third preset duration T3, achannel state of the sensed carrier is determined as
`
`idle).
`
`Regarding claim 2, Lin discloses the communication device according to claim
`
`1, wherein the second method is a method of performing the sensing a predetermined
`
`numberof times within a fixed period (see Lin, § 0007: continuously sensing until the
`
`sensed carrier is sensed to beidle within the first preset duration; S3. determining
`
`whether a count value of the counter is greater than 0; if the count value of the counter
`
`is greater than 0, performing S4; and if the count value of the counter is equal to 0,
`
`determining that the channel state of the sensed carrieris idle; and S4. continuing to
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 9
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`sense the sensed carrier within second preset duration; 4 0080: sensing is performed
`
`until the sensed carrier is sensed to continuously keepidle for 34 ps).
`
`Regarding claim 3, Lin discloses the communication device according to claim
`
`1, wherein the control unit selects the first method in a case where there is another
`
`communication device that performs the sensing by the first method therearound (see
`
`Lin, { 0097: Some communications devices may need to sense only onecarrier, the
`
`communications device is referred to as a second communications device, and the
`
`second communications device may sense only by using the first sensing mechanism.
`
`However, the first communications device selects, for example, a carrier from the
`
`carriers. The first communications device senses only the selected carrier by using the
`
`first sensing mechanism, and senses, by using the second sensing mechanism, other
`
`carriers that are not selected. Therefore, the carriers that are not selected may be
`
`accessed only by using the second sensing mechanism. If a carrier sensed by the
`
`second communications device belongs to one of the carriers sensed bythefirst
`
`communications device by using the second sensing mechanism, sensing mechanisms
`
`used by the first communications device and the second communications device on a
`
`same carrier are different).
`
`Regarding claim 12, it is rejected for the same reasonsas set forth in claim 1.
`
`Although phrased as a method claim, the claim s nevertheless simple repetition of the
`
`subject matter of claim 1.
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 10
`
`Regarding claim 13,it is rejected for the same reasonsas set forth in claim 1.
`
`Although phrased as a program claim, the claim s nevertheless simple repetition of the
`
`subject matter of claim 1.
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
`
`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare such that the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall notbe
`negated by the mannerin whichthe invention was made.
`
`10.
`
`The factual inquiries for establishing a background for determining obviousness
`
`under 35 U.S.C. 103 are summarized asfollows:
`
`1. Determining the scope and contents of the priorart.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`11.
`
`This application currently namesjoint inventors.
`
`In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly ownedasof the effective filing date of the claimed invention(s) absent any
`
`evidenceto the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`ownedas of the effectivefiling date of the later invention in order for the examiner to
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 11
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`12.
`
`Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Harada in view of US Pub. 2018/0020375 to MATSUMOTOetal. (hereafter
`
`Matsumoto).
`
`Regarding claim 3, Harada discloses the communication device according to
`
`claim 1, Harada does not explicitly disclose wherein the control unit selects thefirst
`
`method in a case where there is another communication device that performs the
`
`sensing by the first method therearound.
`
`However, Matsumoto discloses wherein the control unit selects the first method
`
`in acase where there is another communication device that performs the sensing by the
`
`first method therearound (see Matsumoto, § 0162: the eNB 200 or the UE 100 selects
`
`any one of the FBE and the LBE schemes based on a scheme (FBE/LBE) of the LBT
`
`that is being used by other detected communication apparatus; § 0163: when the eNB
`
`200 or the UE 100 detects the FBE of a peripheral communication apparatus (a
`
`peripheral eNB or UE), it is preferable to select the FBE).
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to implement the aboveteaching as taught
`
`by Matsumoto and incorporate it into the system of Harada to enable a mobile
`
`communication system to appropriately perform communication using an unlicensed
`
`band (see Matsumoto, ¥ 0038).
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 12
`
`Regarding claim 4, Harada in view of Matsumoto discloses the communication
`
`device according to claim 3, Harada does not explicitly disclose wherein the control unit
`
`selects the method for the sensing based on a notification from the another
`
`communication device.
`
`However, Matsumoto discloses wherein the control unit selects the method for
`
`the sensing based on a notification from the another communication device (see
`
`Matsumoto, § 0164: each communication apparatus (each eNB or UE) maytransmit an
`
`LBT scheme (FBE/LBE)that the device is using, for example, in the state of being
`
`included in an “LTE header’. Accordingly, the LBT scheme that is being used by one
`
`communication apparatus can be grasped by other communication apparatus).
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to implement the aboveteaching as taught
`
`by Matsumoto and incorporate it into the system of Harada to enable a mobile
`
`communication system to appropriately perform communication using an unlicensed
`
`band (see Matsumoto, ¥ 0038).
`
`13.|Claim(s) 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Matsumoto in view of US Pub. 2019/0132875 to LJUNG (hereafter Ljung).
`
`Regarding claim 5, Harada discloses the communication device according to
`
`claim 1, but does not explicitly disclose wherein the control unit selects the method for
`
`the sensing based on measurement information obtained by measuring quality of
`
`communication with a communication partner.
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 13
`
`However, Ljung discloses wherein the control unit selects the method for the
`
`sensing based on measurementinformation obtained by measuring quality of
`
`communication with a communication partner (see Ljung, § 0047: the LBT modeis
`
`determined based on one or more of the determined channel sensing metric(s). In
`
`typical embodiments, a determined channel sensing metric is compared to a threshold
`
`value and, based on this comparison, the LBT modeis selected. Typically, if the
`
`determined channel sensing metric(s) indicate low interference on the channel and/or a
`
`stable link between the UE and the eNB, aLBT moderequiring a fixed sensing time
`
`(e.g., a category 2 channel access scheme as defined in the 3GPP LAAreleases) is
`
`selected. Moreover,if the determined channel sensing metric(s) indicate high
`
`interference on the channel and/or an unstable link between the UE and the eNB, a LBT
`
`mode requiring a CW (e.g., a category 3 or 4 channel access scheme as defined in the
`
`3GPP LAAreleases) is typically selected).
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before
`
`effectivefiling date of the claimed invention to implement the above teaching as taught
`
`by Ljung and incorporate it into the system of Harada to reducethelikelihood of
`
`interference or data transmission collisions during the transmission of reference signals
`
`(see Ljung, ¥ 0034).
`
`Regarding claim 6, Harada discloses the communication device according to
`
`claim 1, but does not explicitly disclose wherein the control unit selects the method for
`
`the sensing according to the numberof times of retransmission.
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 14
`
`However, since Ljung discloses measuring channel quality to select sensing
`
`method (see Ljung, § 0047),
`
`it would have been obvious to one of ordinary skill in the
`
`art before the effective filing date of the claimed invention to unit selects the method for
`
`the sensing according to the numberof times of retransmission sinceit is well-known in
`
`the art use numberof retransmissions to determine channel quality. One of ordinary skill
`
`in the art would have been motivated to perform this teaching to reduce interference in
`
`the communications system.
`
`Regarding claim 7, Harada discloses the communication device according to
`
`claim 1, wherein the control unit selects the method for the sensing based on a result of
`
`the sensing (see Harada, 4 0022).
`
`Also, Ljung discloses wherein the control unit selects the method for the sensing
`
`based on a result of the sensing (see Ljung, § 0047: If the determined energy level
`
`exceeds the threshold value, a LBT mode requiring a CW (e.g., acategory 3 or 4
`
`channel access scheme as defined in the 3GPP LAAreleases) is selected. However,if
`
`the determined energy level is below the threshold value, then a LBT moderequiring a
`
`fixed sensing time (e.g., a category 2 channel access scheme asdefined in the 3GPP
`
`LAA releases) is selected).
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before
`
`effectivefiling date of the claimed invention to implement the above teaching as taught
`
`by Ljung and incorporate it into the system of Harada to reducethelikelihood of
`
`interference or data transmission collisions during the transmission of reference signals
`
`(see Ljung, ¥ 0034).
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 15
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`Regarding claim 8, Harada in view of Ljung discloses the communication device
`
`according to claim 7, Harada does notexplicitly disclose wherein the control unit selects
`
`the first method as the method for the sensing in a case wherea frequencyof being
`
`busy is equal to or more than a predetermined value as a result of the sensing.
`
`However, Ljung discloses wherein the control unit selects the first method as the
`
`method for the sensing in a case where a frequency of being busy is equal to or more
`
`than a predetermined value as a result of the sensing (see Ljung,
`
`0047: if the
`
`determined channel sensing metric(s) indicate high interference on the channel and/or
`
`an unstable link between the UE and the eNB, a LBT moderequiring a CW (e.g., a
`
`category 3 or 4 channel access scheme asdefined in the 3GPP LAAreleases) is
`
`typically selected). Obviously, channel being busy might be obvious variant of
`
`interference.
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before
`
`effectivefiling date of the claimed invention to implement the above teaching as taught
`
`by Ljung and incorporate it into the system of Harada to reducethelikelihood of
`
`interference or data transmission collisions during the transmission of reference signals
`
`(see Ljung, ¥ 0034).
`
`Regarding claim 9, Harada discloses the communication device according to
`
`claim 1, wherein the control unit selects the method for the sensing according to an
`
`instruction from another device (see Harada, § 0019: the mobile station is commanded
`
`to listen to the channel based on a channel access scheme that is similar to Wi-Fi. For
`
`

`

`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 16
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`example, the base station commands the mobile station to listen to the channel
`
`according to category 4, in each uplink subframe).
`
`Also, Ljung discloses wherein the control unit selects the method for the sensing
`
`according to an instruction from another device (see Ljung, 4 0049: the LBT modeis
`
`determined by the eNB. If the LBT modeis determined by the eNB, the determined LBT
`
`modeis typically transmitted by the eNB to the UE).
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before
`
`effectivefiling date of the claimed invention to implement the above teaching as taught
`
`by Ljung and incorporate it into the system of Harada to reducethelikelihood of
`
`interference or data transmission collisions during the transmission of reference signals
`
`(see Ljung, ¥ 0034).
`
`14.
`
`Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Harada in view of US Pub. 2019/0215140 to Hafeez et al. (hereafter Hafeez).
`
`Regarding claim 10, Harada discloses the communication device according to
`
`claim 1, but does not explicitly disclose wherein the communication unit performs
`
`communication by using one of a plurality of beams, and the control unit sets a
`
`parameterrelated to the sensing for each of the plurality of beams.
`
`However, Hafeez discloses wherein the communication unit performs
`
`communication by using one of a plurality of beams (see Hafeez, ¥ 0015: While there is
`
`activity in a first beam, the transceiver can continue to transmit on other beams thatwill
`
`not cause interference with a transmission associated with the first beam; J 0034: Base
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`

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`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 17
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`station device 202 sends a transmission on beam 212 to device 206, and basestation
`
`device 204 can detect energy or sense activity in the beam direction associated with
`
`beam 214, and so while activity is detected, the base station device will avoid
`
`transmitting to device 208, and will instead transmit to device 210 via beam 216,in
`
`which noactivity is detected), and the control unit sets a parameter related to the
`
`sensing for each of the plurality of beams (see Hafeez, | 0031: We assume that each
`
`transmit beam of the equipment has a corresponding receive beam of the same
`
`equipment with identical propagation characteristics (gain, pattern, etc.)).
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to implement the above teaching as taught
`
`by Hafeez and incorporate it into the system of Harada to avoid interference in the
`
`communication system.
`
`Regarding claim 11, Harada in view of Hafeez discloses the communication
`
`device according to claim 10, Harada does not explicitly disclose wherein the control
`
`unit divides the plurality of beams into one or more beam groupsincluding at least one
`
`of the beams, and sets the parameterdifferent for each beam group.
`
`However, Hafeez discloses wherein the control unit divides the plurality of beams
`
`into one or more beam groupsincluding at least one of the beams, and sets the
`
`parameterdifferent for each beam group (see Hafeez, 7 044: different sets of beams or
`
`bam combinations may have beams with different parameters, such as beamwidth,
`
`directivity, gain, etc. For example, a first set of beams B_wide may have a wide
`
`beamwidth (e.g. 60 degrees) while a second set of beams B_narrow may have a narrow
`
`

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`Application/Control Number: 17/922,970
`Art Unit: 2464
`
`Page 18
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`beamwidth (e.g. 15 degrees). The different sets may be implemented in such a waythat
`
`multiple beams of the second subsetpartially overlap orfully lie within the beamwidth of
`
`a beam in thefirst subset (e.g. 4 narrow beams per wide beam in our example)).
`
`Thus,
`
`it would have been obvious to one of ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to implement the above teaching as taught
`
`by Hafeez and incorporate it into the system of Harada to avoid interference in the
`
`communication system.
`
`Conclusion
`
`15.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`e US Pub. 2021/0329694 to LIU et al. discloses when the UE wants to transmit
`
`data to a network device on achannel which operates in an unlicensed
`
`spectrum, the UE needs to perform the carrier sensing on the channel to
`
`determine whether the channelis idle or busy. The UE starts thefirst carrier
`
`sensing according to Process 1 on the channel in SubbandBat time T1. The UE
`
`does notreceive the UL grant during the first carrier sensing. Then the UE starts
`
`the second carrier sensing according to Process 2 at time T2.
`
`e US Pub. 2016/0066195 to MOON etal. discloses transmitting a first sensing
`
`indic