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 .
Claim Rejections - 35 USC § 103
2. 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.
3. 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.
4. The factual inquiries 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.
5. 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.
6. Claims 7 and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2020/0053743 A1) in view of Chen et al. (WO 2016/131344 A1, hereinafter “Chen”).
Regarding claims 7 and 14, Cheng teaches a terminal comprising: a reception unit configured to receive sidelink control information (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively…); a control unit configured to perform control related to first transmission of terminal-to- terminal direct communication in a first RAT (Radio Access Technology) and control related to second transmission of terminal-to-terminal direct communication in a second RAT; and a transmission unit configured to execute at least one of the first transmission and the second transmission, wherein, when the first transmission and the second transmission overlap in time domain, the control unit determines priorities of the first transmission and the second transmission based on the sidelink control information, and the transmission unit executes transmission with higher priority among the first transmission and the second transmission (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … While UE receives a SCI contained a priority field with priority value “5”, UE will drop LTE UL physical transmission if UE has received scheduling information of NR-V2X, LTE and NR physical channel while the PSSCH of NR-V2X, LTE UL physical channel and NR UL physical channel are overlapped in time domain… the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCi-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCi-format 1 according to priority contained in SCL. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain. Where it is implicit that the terminal includes a reception unit, a control unit and a transmission unit to perform the steps listed above).
Cheng does not explicitly teach a reception unit configured to receive sidelink control information in terminal-to-terminal direct communication, and wherein the second transmission is transmission of HARQ-ACK in the second RAT.
Chen teaches receiving sidelink control information in terminal-to-terminal direct communication (pages 12-13, The second control signaling may be sent by the base station, for example, the base station sends Downlink Control Information (DCI) to schedule data transmission and retransmission of the D2D link, or is sent by the second UE. ), such as Sidelink Control Information (SCI), also known as Scheduling Assignment (Scheduling Assignment, Referred to as SA))). Chen further teaches a terminal transmitting HARQ-ACK based on a priority rule (page 9, the ACK/NACK feedback of the D2D UE has the highest priority, that is, if other transmissions collide, other transmissions are discarded.).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive sidelink control information in terminal-to-terminal direct communication (i.e., receive the sidelink control information from another terminal) and to utilize HARQ-ACK/NACK in the first RAT and/or the second RAT (i.e. to transmit HARQ-ACK/NACK as the first transmission in the first RAT and/or as the second transmission in the second RAT) in the system of Cheng to utilize conventional techniques in the art to improve industrial applicability.
Regarding claims 9 and 10, Cheng in view of Chen teaches the terminal as claimed in claim 7.
Cheng does not explicitly teach wherein the control unit performs control related to second reception of terminal-to-terminal direct communication in the second RAT, wherein, when the first transmission and the second reception overlap in time domain, the control unit controls the first transmission and the second reception based on priorities determined by the sidelink control information, and wherein, when the first transmission has a higher priority than that of the second reception, the transmission unit executes the first transmission, wherein, when the second reception has a higher priority than that of the first transmission, the reception unit executes the second reception.
However, Cheng teaches wherein the control unit performs control related to second transmission/reception of terminal-to-terminal direct communication in the second RAT, wherein, when the first transmission/reception and the second transmission/reception overlap in time domain, the control unit controls the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information, and wherein, when the first transmission/reception has a higher priority than that of the second transmission/reception, the transmission unit executes the first transmission and when the second transmission/reception has a higher priority than that of the first transmission/reception, the reception unit executes the second transmission/reception (¶ [0055], ¶ [0058]. Provisional application: Page 8, the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCI-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCI-format 1 according to priority contained in SCI. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain…the UE will only consider the slot and symbol which are indicated as “UL” as valid resource to transmit or receive LTE-V2X physical channel and NR-V2X physical channel).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to perform control related to second reception of terminal-to-terminal direct communication in the second RAT, and to control the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information (i.e., execute the first transmission/reception when the first transmission/reception has a higher priority than that of the second transmission/reception, and to execute the second transmission/reception when the second transmission/reception has a higher priority than that of the first transmission/reception) in the system of Cheng in view of Chen to further enhance system efficiency and reliability.
Regarding claims 11-13, Cheng in view of Chen teaches the terminal as claimed in claim 7,
Cheng does not explicitly teach wherein the control unit performs control related to first reception of terminal-to-terminal direct communication in the first RAT,
wherein, when the first reception and the second transmission overlap in time domain, the control unit controls the first reception and the second transmission based on priorities determined by the sidelink control information, and wherein, when the second transmission has a higher priority than that of the first reception, the transmission unit executes the second transmission, wherein, when the first reception has a higher priority than that of the second transmission, the reception unit executes the first reception.
However, Cheng teaches wherein the control unit performs control related to first transmission/reception of terminal-to-terminal direct communication in the first RAT, wherein, when the first transmission/reception and the second transmission/reception overlap in time domain, the control unit controls the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information, and wherein, when the second transmission/reception has a higher priority than that of the first transmission/reception, the transmission unit executes the second transmission and when the first transmission/reception has a higher priority than that of the second transmission/reception, the reception unit executes the first transmission/reception (¶ [0055], ¶ [0058]. Provisional application: Page 8, the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCI-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCI-format 1 according to priority contained in SCI. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain… the UE will only consider the slot and symbol which are indicated as “UL” as valid resource to transmit or receive LTE-V2X physical channel and NR-V2X physical channel).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to perform control related to first reception of terminal-to-terminal direct communication in the first RAT, and to control the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information (i.e., execute the second transmission/reception when the second transmission/reception has a higher priority than that of the first transmission/reception, and to execute the first transmission/reception when the first transmission/reception has a higher priority than that of the second transmission/reception) in the system of Cheng in view of Chen to further enhance system efficiency and reliability.
Regarding claim 15, Cheng teaches a communication system supporting terminal-to-terminal direct communication in a first RAT and terminal-to-terminal direct communication in a second RAT, the communication system comprising:
a first terminal; and a second terminal (¶ [0055], ¶ [0058]. Provisional application # 62/716098: pages 7-8, where it is implicit that there are at least two terminals transmitting/receiving V2X messages), the first terminal comprising: a reception unit configured to receive sidelink control information (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively…); a control unit configured to perform control related to first transmission of terminal- to-terminal direct communication in a first RAT (Radio Access Technology) and control related to second transmission of terminal-to-terminal direct communication in a second RAT; and a transmission unit configured to execute at least one of the first transmission and the second transmission, wherein, when the first transmission and the second transmission overlap in time domain, the control unit determines priorities of the first transmission and the second transmission based on the sidelink control information, and the transmission unit executes transmission with higher priority among the first transmission and the second transmission (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … While UE receives a SCI contained a priority field with priority value “5”, UE will drop LTE UL physical transmission if UE has received scheduling information of NR-V2X, LTE and NR physical channel while the PSSCH of NR-V2X, LTE UL physical channel and NR UL physical channel are overlapped in time domain… the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCi-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCi-format 1 according to priority contained in SCL. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain. Where it is implicit that the terminal includes a reception unit, a control unit and a transmission unit to perform the steps listed above), and the second terminal comprising: a reception unit configured to execute at least one of first reception corresponding to the first transmission and second reception corresponding to the second transmission (¶ [0055], ¶ [0058]. Provisional application # 62/716098: 7-9, where it is implicit that there is at least one second terminal comprising a reception unit configured to at least one of first reception corresponding to the first transmission transmitted by the first terminal and second reception corresponding to the second transmission transmitted by the first terminal).
Cheng does not explicitly teach a reception unit configured to receive sidelink control information in terminal-to-terminal direct communication, and wherein the second transmission is transmission of HARQ-ACK in the second RAT.
Chen teaches receiving sidelink control information in terminal-to-terminal direct communication (pages 12-13, The second control signaling may be sent by the base station, for example, the base station sends Downlink Control Information (DCI) to schedule data transmission and retransmission of the D2D link, or is sent by the second UE. ), such as Sidelink Control Information (SCI), also known as Scheduling Assignment (Scheduling Assignment, Referred to as SA))). Chen further teaches a terminal transmitting HARQ-ACK based on a priority rule (page 9, the ACK/NACK feedback of the D2D UE has the highest priority, that is, if other transmissions collide, other transmissions are discarded.).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive sidelink control information in terminal-to-terminal direct communication (i.e., receive the sidelink control information from another terminal) and to utilize HARQ-ACK/NACK in the first RAT and/or the second RAT (i.e. to transmit HARQ-ACK/NACK as the first transmission in the first RAT and/or as the second transmission in the second RAT) in the system of Cheng to utilize conventional techniques in the art to improve industrial applicability.
7. Claims 7 and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2020/0053743 A1) in view of Harada et al. (WO 2016/076301 A1, hereinafter “Harada”).
Regarding claims 7 and 14, Cheng teaches a terminal comprising: a reception unit configured to receive sidelink control information (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively…); a control unit configured to perform control related to first transmission of terminal-to- terminal direct communication in a first RAT (Radio Access Technology) and control related to second transmission of terminal-to-terminal direct communication in a second RAT; and a transmission unit configured to execute at least one of the first transmission and the second transmission, wherein, when the first transmission and the second transmission overlap in time domain, the control unit determines priorities of the first transmission and the second transmission based on the sidelink control information, and the transmission unit executes transmission with higher priority among the first transmission and the second transmission (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … While UE receives a SCI contained a priority field with priority value “5”, UE will drop LTE UL physical transmission if UE has received scheduling information of NR-V2X, LTE and NR physical channel while the PSSCH of NR-V2X, LTE UL physical channel and NR UL physical channel are overlapped in time domain… the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCi-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCi-format 1 according to priority contained in SCL. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain. Where it is implicit that the terminal includes a reception unit, a control unit and a transmission unit to perform the steps listed above).
Cheng does not explicitly teach a reception unit configured to receive sidelink control information in terminal-to-terminal direct communication, and wherein the second transmission is transmission of HARQ-ACK in the second RAT.
Harada teaches receiving sidelink control information in terminal-to-terminal direct communication (page 4: the transmission side UE may allocate resources (time / frequency position) to the reception side UE for the feedback signal transmission by the reception side UE. This assignment may be performed explicitly using SA, for example, or may be performed implicitly. Page 5: The SA signal described in the background art is an example of SCI and can be called scheduling SCI because
scheduling is performed. “Sidelink” means D2D communication. SCI used for feedback is called feedback SCI (Feedback SCI). The receiving side UE may notify only the feedback signal such as ACK / NACK / CSI to the transmitting side UE using the feedback SCI, or in addition to the feedback signal, the initial transmission Data ( The Index information for explicitly notifying the correspondence with (Data that is not retransmitted) (which Data is the feedback) may be notified. Page 6: the transmitting side UE notifies the receiving side UE of the data resource position
for feedback transmission using SA). Harada further teaches a terminal transmitting HARQ-ACK based on a priority rule (pages 5-6: when transmission / reception subframes of SA (scheduling SCI) and feedback SCI collide, either may be given priority. For example, transmission / reception may be performed in the order of priority in the order of “feedback SCI reception> feedback SCI transmission> scheduling SCI transmission> scheduling SCI reception”. For example, in a certain UE, when feedback SCI reception and scheduling SCI transmission are in the same subframe, feedback SCI reception is performed in the subframe.).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive sidelink control information in terminal-to-terminal direct communication (i.e., receive the sidelink control information from another terminal) and to utilize HARQ-ACK/NACK in the first RAT and/or the second RAT (i.e. to transmit HARQ-ACK/NACK as the first transmission in the first RAT and/or as the second transmission in the second RAT) in the system of Cheng to utilize conventional techniques in the art to improve industrial applicability.
Regarding claims 9 and 10, Cheng in view of Harada teaches the terminal as claimed in claim 7.
Cheng does not explicitly teach wherein the control unit performs control related to second reception of terminal-to-terminal direct communication in the second RAT, wherein, when the first transmission and the second reception overlap in time domain, the control unit controls the first transmission and the second reception based on priorities determined by the sidelink control information, and wherein, when the first transmission has a higher priority than that of the second reception, the transmission unit executes the first transmission, wherein, when the second reception has a higher priority than that of the first transmission, the reception unit executes the second reception.
However, Cheng teaches wherein the control unit performs control related to second transmission/reception of terminal-to-terminal direct communication in the second RAT, wherein, when the first transmission/reception and the second transmission/reception overlap in time domain, the control unit controls the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information, and wherein, when the first transmission/reception has a higher priority than that of the second transmission/reception, the transmission unit executes the first transmission and when the second transmission/reception has a higher priority than that of the first transmission/reception, the reception unit executes the second transmission/reception (¶ [0055], ¶ [0058]. Provisional application: Page 8, the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCI-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCI-format 1 according to priority contained in SCI. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain…the UE will only consider the slot and symbol which are indicated as “UL” as valid resource to transmit or receive LTE-V2X physical channel and NR-V2X physical channel).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to perform control related to second reception of terminal-to-terminal direct communication in the second RAT, and to control the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information (i.e., execute the first transmission/reception when the first transmission/reception has a higher priority than that of the second transmission/reception, and to execute the second transmission/reception when the second transmission/reception has a higher priority than that of the first transmission/reception) in the system of Cheng in view of Harada to further enhance system efficiency and reliability.
Regarding claims 11-13, Cheng in view of Harada teaches the terminal as claimed in claim 7,
Cheng does not explicitly teach wherein the control unit performs control related to first reception of terminal-to-terminal direct communication in the first RAT,
wherein, when the first reception and the second transmission overlap in time domain, the control unit controls the first reception and the second transmission based on priorities determined by the sidelink control information, and wherein, when the second transmission has a higher priority than that of the first reception, the transmission unit executes the second transmission, wherein, when the first reception has a higher priority than that of the second transmission, the reception unit executes the first reception.
However, Cheng teaches wherein the control unit performs control related to first transmission/reception of terminal-to-terminal direct communication in the first RAT, wherein, when the first transmission/reception and the second transmission/reception overlap in time domain, the control unit controls the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information, and wherein, when the second transmission/reception has a higher priority than that of the first transmission/reception, the transmission unit executes the second transmission and when the first transmission/reception has a higher priority than that of the second transmission/reception, the reception unit executes the first transmission/reception (¶ [0055], ¶ [0058]. Provisional application: Page 8, the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCI-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCI-format 1 according to priority contained in SCI. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain… the UE will only consider the slot and symbol which are indicated as “UL” as valid resource to transmit or receive LTE-V2X physical channel and NR-V2X physical channel).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to perform control related to first reception of terminal-to-terminal direct communication in the first RAT, and to control the first transmission/reception and the second transmission/reception based on priorities determined by the sidelink control information (i.e., execute the second transmission/reception when the second transmission/reception has a higher priority than that of the first transmission/reception, and to execute the first transmission/reception when the first transmission/reception has a higher priority than that of the second transmission/reception) in the system of Cheng in view of Harada to further enhance system efficiency and reliability.
Regarding claim 15, Cheng teaches a communication system supporting terminal-to-terminal direct communication in a first RAT and terminal-to-terminal direct communication in a second RAT, the communication system comprising:
a first terminal; and a second terminal (¶ [0055], ¶ [0058]. Provisional application # 62/716098: pages 7-8, where it is implicit that there are at least two terminals transmitting/receiving V2X messages), the first terminal comprising: a reception unit configured to receive sidelink control information (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively…); a control unit configured to perform control related to first transmission of terminal- to-terminal direct communication in a first RAT (Radio Access Technology) and control related to second transmission of terminal-to-terminal direct communication in a second RAT; and a transmission unit configured to execute at least one of the first transmission and the second transmission, wherein, when the first transmission and the second transmission overlap in time domain, the control unit determines priorities of the first transmission and the second transmission based on the sidelink control information, and the transmission unit executes transmission with higher priority among the first transmission and the second transmission (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … While UE receives a SCI contained a priority field with priority value “5”, UE will drop LTE UL physical transmission if UE has received scheduling information of NR-V2X, LTE and NR physical channel while the PSSCH of NR-V2X, LTE UL physical channel and NR UL physical channel are overlapped in time domain… the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCi-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCi-format 1 according to priority contained in SCL. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain. Where it is implicit that the terminal includes a reception unit, a control unit and a transmission unit to perform the steps listed above), and the second terminal comprising: a reception unit configured to execute at least one of first reception corresponding to the first transmission and second reception corresponding to the second transmission (¶ [0055], ¶ [0058]. Provisional application # 62/716098: 7-9, where it is implicit that there is at least one second terminal comprising a reception unit configured to at least one of first reception corresponding to the first transmission transmitted by the first terminal and second reception corresponding to the second transmission transmitted by the first terminal).
Cheng does not explicitly teach a reception unit configured to receive sidelink control information in terminal-to-terminal direct communication, and wherein the second transmission is transmission of HARQ-ACK in the second RAT.
Harada teaches receiving sidelink control information in terminal-to-terminal direct communication (page 4: the transmission side UE may allocate resources (time / frequency position) to the reception side UE for the feedback signal transmission by the reception side UE. This assignment may be performed explicitly using SA, for example, or may be performed implicitly. Page 5: The SA signal described in the background art is an example of SCI and can be called scheduling SCI because
scheduling is performed. “Sidelink” means D2D communication. SCI used for feedback is called feedback SCI (Feedback SCI). The receiving side UE may notify only the feedback signal such as ACK / NACK / CSI to the transmitting side UE using the feedback SCI, or in addition to the feedback signal, the initial transmission Data ( The Index information for explicitly notifying the correspondence with (Data that is not retransmitted) (which Data is the feedback) may be notified. Page 6: the transmitting side UE notifies the receiving side UE of the data resource position
for feedback transmission using SA). Harada further teaches a terminal transmitting HARQ-ACK based on a priority rule (pages 5-6: when transmission / reception subframes of SA (scheduling SCI) and feedback SCI collide, either may be given priority. For example, transmission / reception may be performed in the order of priority in the order of “feedback SCI reception> feedback SCI transmission> scheduling SCI transmission> scheduling SCI reception”. For example, in a certain UE, when feedback SCI reception and scheduling SCI transmission are in the same subframe, feedback SCI reception is performed in the subframe.).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive sidelink control information in terminal-to-terminal direct communication (i.e., receive the sidelink control information from another terminal) and to utilize HARQ-ACK/NACK in the first RAT and/or the second RAT (i.e. to transmit HARQ-ACK/NACK as the first transmission in the first RAT and/or as the second transmission in the second RAT) in the system of Cheng to utilize conventional techniques in the art to improve industrial applicability.
Response to Arguments
8. Applicant’s arguments filed on July 16, 2025 have been considered but they are not persuasive.
9. Applicant argues “… Further, Chen is cited to remedy Cheng’s defect with respect to the above-mentioned limitation. /d. However, Applicant respectfully asserts that Chen fails to supply that which Cheng lacks regarding the above-mentioned limitation. Specifically, the above-mentioned limitation requires that the second transmission is a transmission of HARQ-ACK and that the HARQ-ACK is transmitted in the second RAT. However, Chen merely describes using ACK/NACK feedback. See Chen, page 9. While Chen uses ACK/NACK feedback, Chen remains silent with respect to specifying in which RAT the ACK/NACK feedback is transmitted. Specifically, Chen remains silent with respect to the first and second RAT. As such, it logically follows that Chen fails to remedy the deficiencies of Cheng to teach the above-mentioned limitation. As discussed above, neither Cheng nor Chen teaches the above-mentioned limitations of independent claim 7…
Harada is cited to remedy Cheng’s defect with respect to the above-mentioned limitation. /d. at page 13. However, Applicant respectfully asserts that Harada fails to supply that which Cheng lacks regarding the above-mentioned limitation…”
Examiner respectfully disagrees and submits that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091,231 USPQ 375 (Fed. Cir. 1986).
In this case: Cheng teaches a control unit configured to perform control related to first transmission of terminal-to- terminal direct communication in a first RAT (Radio Access Technology) and control related to second transmission of terminal-to-terminal direct communication in a second RAT; and a transmission unit configured to execute at least one of the first transmission and the second transmission, wherein, when the first transmission and the second transmission overlap in time domain, the control unit determines priorities of the first transmission and the second transmission based on the sidelink control information, and the transmission unit executes transmission with higher priority among the first transmission and the second transmission (¶ [0055], ¶ [0058]. Provisional application # 62/716098: page 7, line 6-page 8, line 16, … While UE receives a SCI contained a priority field with priority value “5”, UE will drop LTE UL physical transmission if UE has received scheduling information of NR-V2X, LTE and NR physical channel while the PSSCH of NR-V2X, LTE UL physical channel and NR UL physical channel are overlapped in time domain… the priority of NR-V2X and LTE-V2X will depend on the priority information in SCI, i.e., SCI-NR-V and SCl-format 1 for NR-V2X and LTE-V2X respectively. For example, UE received a SCI-NR-V and a SCi-format 1 while the scheduling PSSCH for NR-V2X physical channel and for LTE-V2X PSSCH are overlapped in time domain. Since the priority in SCI-NR-V is “1” and the priority in SCl-format 1 is “4” UE will drop the PSSCH scheduled by SCi-format 1 according to priority contained in SCL. In another approach, UE will always drop the LTE-V2X PSSCH but transmit only NR-V2X PSSCH if they are scheduled in the overlapping time domain. in another approach, UE will always drop the NR-V2X PSSCH but transmit only LTE-V2X PSSCH if they are scheduled in the overlapping time domain. Where it is implicit that the terminal includes a reception unit, a control unit and a transmission unit to perform the steps listed above).
Cheng does not explicitly teach a reception unit configured to receive sidelink control information in terminal-to-terminal direct communication, and wherein the second transmission is transmission of HARQ-ACK in the second RAT.
Chen teaches receiving sidelink control information in terminal-to-terminal direct communication (pages 12-13, The second control signaling may be sent by the base station, for example, the base station sends Downlink Control Information (DCI) to schedule data transmission and retransmission of the D2D link, or is sent by the second UE. ), such as Sidelink Control Information (SCI), also known as Scheduling Assignment (Scheduling Assignment, Referred to as SA))). Chen further teaches a terminal transmitting HARQ-ACK based on a priority rule (page 9, the ACK/NACK feedback of the D2D UE has the highest priority, that is, if other transmissions collide, other transmissions are discarded.).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive sidelink control information in terminal-to-terminal direct communication (i.e., receive the sidelink control information from another terminal) and to utilize HARQ-ACK/NACK in the first and/or the second RAT (i.e. to transmit HARQ-ACK/NACK as the first transmission in the first RAT and/or as the second transmission in the second RAT) in the system of Cheng to utilize conventional techniques in the art to improve industrial applicability.
Similar arguments apply to rejection view of Cheng and Harada.
Conclusion
10. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650.
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477