DETAILED ACTION
Applicant’s amendment and arguments filed December 16, 2025 is acknowledged.
Applicant’s filed terminal disclaimer has overcome the previous non-statutory double patenting rejection.
Claims 1, 2, 4-11, 13, 14, 16-20, 22, 23, 25, 26, 28-35, and 37-40 are currently pending.
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 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 5, 8-11, 13, 16, 17, 20-23, 25, 28, 29, 32-35, and 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TR 23.703 v0.5.0 (hereinafter 3GPP) (Non-Patent Literature – “Study on Architecture Enhancements to Support Proximity Services (ProSe)") in view of Marinier et al. (hereinafter Marinier) (U.S. Patent Application Publication # 2016/0183276 A1), and further in view of Herrmann (U.S. Patent Application Publication # 2008/0137564 A1).
Regarding claims 1, 13, 25, and 37, 3GPP teaches and discloses a method and apparatus of wireless communication for a first user equipment (UE) (UE-1; figure 6.2.6.3.1-1), comprising:
configuring a radio resource control (RRC) protocol layer for device-to-device (D2D) broadcast communication (page 65, section 6.1.8.2.2; “…UE sends a ProSe registration request NAS signaling to the eNodeB via RRC signaling…”; pages 85-86, section 6.2.2.2; “…the UE is in RRC connected state when while the procedure for establishment of the data link are ongoing…”; Figure 6.2.2.2-3; pages 103-104, sections 6.2.6.1-6.2.6.2; teaches configuring at a first UE, the RRC for ProSe Discovery when an application in the public safety UE is initiated for one-to-many communication procedure);
configuring one or more protocol layers based on configuring the RRC protocol layer for the D2D broadcast communication, the one or more protocol layers being lower than the RRC protocol layer and including a medium access control (MAC) layer (Figure 6.2.2.2-4, page 87, steps 6-7; pages 103-104, sections 6.2.6.1-6.2.6.2; page 108, Figure 6.3.2.1-1; teaches configuring and providing Layer-2/MAC parameters for establishing the ProSe communication based on the configured RRC messages); and
communicating with at least a second UE (UE-2; figure 6.2.6.3.1-1) based on the one or more protocol layers (page 82, section 6.2.1.1.2; “…ProSe one-to-many communications…are IP-based. IP packets are encapsulated within layer-2 frames…”; page 89, section 6.2.3.1; “…the originating UE…initiates the process to setup Direct connection…involves exchanging RRC and NAS signaling…”; pages 103-104, sections 6.2.6.1-6.2.6.2; page 105, Figure 6.2.6.3.1-1; teaches establishing the direct communication/connection and communicating packets between the first and second UE).
However, 3GPP may not explicitly disclose configuring one or more protocol layers for broadcast operation based on configuring the RRC protocol layer for the D2D broadcast communication; the MAC layer being configured to generate a MAC subheader, the MAC subheader indicating at least a source identification (ID) associated with the first UE and a priority of a session for the D2D broadcast communication; and communicating with at least a second UE based on the one or more protocol layers being configured for the broadcast operation (although 3GPP does teach configuring MAC/transmission parameters for establishing ProSe one-to-many communication; pages 103-106, section 6.2.6; and 3GPP suggests that the RRC layer is configured for D2D communication upon configuration of the NAS layer being configured (section 6.2.3.1) and for group configuration setting up groups involves authorizing UEs and provisioning priority for the groups handling and UEs of the group (section 6.2.6.1; 6.2.6.3.1)).
Nonetheless, in the same field of endeavor, Marinier teaches and suggests configuring one or more protocol layers for broadcast operation based on configuring the RRC protocol layer for the D2D broadcast communication ([0384]; [0386]; [0388]; [0389]; teaches configuring one or more protocol layers for broadcast operation based on the RRC for D2D broadcast communication); the MAC layer being configured to generate a MAC subheader, the MAC subheader indicating at least a source identification (ID) associated with the first UE and a priority of a session for the D2D broadcast communication ([0171]; [0287]; [0373]; [0376]; [0377]; teaches the MAC layer is configured to generate MAC subheaders indicating a source identifier and priority of the D2D session); and communicating with at least a second UE (WTRU) based on the one or more protocol layers being configured for the broadcast operation ([0386]; [0388]; [0389]; teaches communicating based on configuration for broadcast communication).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the MAC layer is configured to generate MAC subheaders indicating a source identifier and priority of the D2D session and communicating based on configuring one or more protocol layers for broadcast operation based on the RRC for D2D broadcast communication as taught by Marinier with the method and apparatus for configuring a UE for ProSe Direct Discovery when an application in the public safety UE is initiated as disclosed by 3GPP for the purpose of configuring and establishing D2D communication in a ProSe communication in support of public safety, as suggested by Marinier.
However, 3GPP, as modified by Marinier, may not explicitly disclose the MAC subheader indicating a time interval for which a lower priority session should not start (although Marinier does teach “…the WTRU may set the transmission pattern based on one or more parameters, such as UE ID…the WTRU may determine a transmission pattern based on one or more identifiers carried in the SA (e.g., the source ID, target ID, etc.)…”; [0018]).
Nonetheless, in the same field of endeavor, Herrmann teaches and suggests the MAC subheader (MAC PDU) indicating a time interval for which a lower priority session should not start ([0076]; teaches indicating a pre-set time in which a lower class of priorities is interrupted and thus not started in favor for a higher class of priority).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate indicating a pre-set time in which a lower class of priorities is interrupted and thus not started in favor for a higher class of priority as taught by Herrmann with the method and apparatus for configuring a UE for ProSe Direct Discovery when an application in the public safety UE is initiated as disclosed by 3GPP, as modified by Marinier, for the purpose of prioritizing transmission, as suggested by Herrmann.
Regarding claims 4, 16, and 28, 3GPP, as modified by Marinier and Herrmann, further teaches and discloses configuring at least a bearer for the D2D broadcast communication (TFTs) (Figure 6.2.3.4-1; page 91, section 6.2.3.4; teaches provisioning D2D TFT when the UE is out of coverage).
Regarding claims 5, 17, and 29, 3GPP discloses configuring and providing MAC/transmission parameters for establishing the ProSe communication based on the configured RRC messages, but may not explicitly disclose wherein the one or more protocol layers lower than the RRC protocol layer further comprises at least one of a packet data convergence protocol (PDCP) layer, a radio link control (RLC) layer, or a physical layer.
Nonetheless, in the same field of endeavor, Marinier further teaches and suggests wherein the one or more protocol layers lower than the RRC protocol layer further comprises at least one of a packet data convergence protocol (PDCP) layer, a radio link control (RLC) layer, or a physical layer ([0384]; [0385]; teaches configuring one or more protocol layers, such as PDCP, RLC, and MAC, for D2D broadcast/multicast operation based on the RRC configuration).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate configuring one or more protocol layers, such as PDCP, RLC, and MAC, for D2D broadcast operation based on the RRC configuration as taught by Marinier with the method and apparatus for configuring a UE for ProSe Direct Discovery when an application in the public safety UE is initiated as disclosed by 3GPP, as modified by Marinier and Herrmann, for the purpose of configuring and establishing D2D communication in a ProSe communication in support of public safety, as suggested by Marinier.
Regarding claims 8, 20, and 32, 3GPP, as modified by Marinier and Herrmann, further teaches and discloses duplicate packet identification information (page 82, section 6.2.1.1.2; teaches duplicate layer-2 IP packet ID information).
Regarding claims 9, 21, and 33, 3GPP, as modified by Marinier and Herrmann, further teaches and discloses setting at least an Internet Protocol (IP) address for the first UE, a priority for the first UE when the first UE belongs to a D2D communication group, or an IP multicast address when the first UE belongs to the D2D communication group (Figure 6.2.3.2.1-1; page 90, section 6.2.3.2.1; teaches setting the IP address of the UE-1; Figure 6.2.6.3.1-1; page 105, section 6.2.6.3.1; teaches configuring an IP multicast address for the UE-1 belonging to the D2D group).
Regarding claims 10, 22, and 34, 3GPP, as modified by Marinier and Herrmann, further teaches and discloses configuring a MAC control element (CE) comprising at least a group identification (ID) that indicates a D2D communication group to which the first UE belongs, the source ID (page 82, section 6.2.1.1.2; page 169, Figure A.3.1-2; “Layer-2 Group ID”; teaches a group ID that indicates the D2D group the UE-1 belongs), the priority of the session, or the time interval for which a lower priority session should not start (page 103, lines 34-38; page 107, lines 23-24; page 172, line 10; teaches priority of a Pro-se session).
Regarding claims 11, 23, and 35, 3GPP, as modified by Marinier and Herrmann, further teaches and discloses transmitting, to the at least the second UE, a message including the MAC CE indicating that the first UE will send a transmission (page 86, lines 5-23; UE A initiates direct communication in order to send a transmission; page 87; figure 6.2.2.2-4; message 1; “Direct communication request” indicating UE A will send a transmission).
Regarding claims 38, 39, and 40, 3GPP, as modified by Marinier and Herrmann, further teaches and discloses monitoring one or more radio resources for an announcement from at least a second UE (announcing UE), the second UE belonging to a D2D communication group (pages 71-72, section 6.1.9.2.2.1; “…the UE applies the radio resources for ProSe announcement…the RAN may also indicate the radio resources for ProSe announcement. The monitoring UE can discover the announcing UE…”; pages 103-104, sections 6.2.6.1-6.2.6.2; teaches the UE monitoring radio resources for a ProSe announcement from an announcing UE which belongs to the D2D group);
Claims 6, 18, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TR 23.703 v0.5.0 (hereinafter 3GPP) (Non-Patent Literature – “Study on Architecture Enhancements to Support Proximity Services (ProSe)") in view of Marinier et al. (hereinafter Marinier) (U.S. Patent Application Publication # 2016/0183276 A1) and Herrmann (U.S. Patent Application Publication # 2008/0137564 A1), and further in view of Pragada et al. (hereinafter Pragada) (U.S. Patent Application Publication # 2020/0344837 A1).
Regarding claims 6, 18, and 30, 3GPP, as modified by Marinier and Herrmann, discloses configuring and providing MAC/transmission parameters for establishing the ProSe communication based on the configured RRC messages, but may not expressly disclose configuring at least one of the PDCP layer or the RLC layer to operate in a unidirectional mode (U-Mode).
Nonetheless, in the same field of endeavor, Pragada further teaches and suggests configuring at least one of the PDCP layer or the RLC layer to operate in a unidirectional mode (U-Mode) ([0310]; “…3GPP RAT capabilities of D2D link may include support for FDD and/or TDD, and radio access capabilities of PHY, MAC, RLC and PDCP layers…The WTRU capability information may also include…support for uni-directional D2D…”; teaches configuring PDCP layer for uni-directional D2D).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate configuring PDCP layer for uni-directional D2D as taught by Pragada with the method and apparatus for configuring a UE for ProSe Direct Discovery when an application in the public safety UE is initiated as disclosed by 3GPP, as modified by Marinier and Herrmann, for the purpose of establishing a D2D connection in a wireless communication network in order to optimize proximity paths, as suggested by Pragada.
Claims 7, 19, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TR 23.703 v0.5.0 (hereinafter 3GPP) (Non-Patent Literature – “Study on Architecture Enhancements to Support Proximity Services (ProSe)") in view of Marinier et al. (hereinafter Marinier) (U.S. Patent Application Publication # 2016/0183276 A1) and Herrmann (U.S. Patent Application Publication # 2008/0137564 A1), and further in view of Novak et al. (hereinafter Novak) (U.S. Patent Application Publication # 2014/0241262 A1).
Regarding claims 7, 19, and 31, 3GPP teaches configuring the MAC layer to generate a MAC subheader, the MAC subheader comprising a group ID that indicates a D2D communication group to which the first UE belongs (page 82, section 6.2.1.1.2; page 169, Figure A.3.1-2; “Layer-2 Group ID”), and Marinier teaches configuring the MAC layer to generate a MAC subheader, the MAC subheader comprising the source ID that indicates an ID associated with the first UE ([0171]; [0287]; [0373]; [0376]; [0377]), but may not explicitly disclose the MAC subheader comprising a session ID.
Nonetheless, in the same field of endeavor, Novak teaches and suggests the MAC subheader comprising a session ID ([0036]; [0246]; [0247]; teaches MAC subheader comprising session identification).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate configuring MAC subheader comprising session identification as taught by Novak with the method and apparatus for configuring a UE for ProSe Direct Discovery when an application in the public safety UE is initiated as disclosed by 3GPP, as modified by Marinier and Herrmann, for the purpose of establishing and communicating information for a direct device-to-device communication, as suggested by Novak.
Allowable Subject Matter
Claims 2, 14, and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, filed December 16, 2025, with respect to the rejection(s) of claim(s) 1, 2, 4-11, 13, 14, 16-20, 22, 23, 25, 26, 28-35, and 37-40 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Herrmann (U.S. Patent Application Publication # 2008/0137564 A1).
Conclusion
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/Suk Jin Kang/
Examiner, Art Unit 2477
April 4, 2026