DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Reopening Prosecution
In view of the appeal brief filed on 14 January 2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
In view of the new grounds of rejection set forth below, the finality of the previous Office action mailed on 14 August 2025 is withdrawn.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Applicant discloses generic transmitters and transceivers which are construed as a means for transmitting, and discloses a special purpose processor executing instructions stored in memory to perform the disclosed functions (see Fig. 8, 830, 840, [0179] disclosing “The processor 840 may be configured to execute computer-readable instructions stored in a memory (e.g., the memory 830) to cause the device 805 to perform various functions (e.g., functions or tasks supporting sidelink power control for multiplexed transmissions). For example, the device 805 or a component of the device 805 may include a processor 840 and memory 830 coupled with the processor 840, the processor 840 and memory 830 configured to perform various functions described herein.”). Examiner finds disclosure of the algorithms for performing the functions at Figs. 2-4, [0086]-[0133] of the original disclosure. Accordingly, applicant has disclosed structures such as transmitters/transceivers and special purpose processors configured to perform the functions with the algorithms for performing the functions in the portions of the disclosure identified above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4-5, 7, 9, 11-18, 20, 22-24, 26-30 and 32-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2021/0185685 A1) in view of Huang et al. (US 2020/0205166 A1).
Regarding claim 1, Ryu discloses a method for wireless communications at a first user equipment (UE), comprising:
transmitting to a network entity an indication that the first UE is capable of transmitting a quantity of sidelink transmissions that at least partially overlap in time and have different respective transmit powers ([0201] disclosing the terminal reporting the capability of the number of simultaneous PSFCHs that can be transmitted; [0206] disclosing the terminal transmitting a selected number of PSFCH simultaneously may configure the power of the PSFCH by the following methods; [0213]-[0215] disclosing the transmission of simultaneous PSFCH can have different transmission powers);
determining a first sidelink pathloss based at least in part on a first sidelink reference signal received from a second UE ([0214] and equation 10 disclosing “PL1”; [0215] disclosing “the first PSFCH…may be transmitted to the SL transmission terminal-1; [0102] disclosing “For SL transmission power control, an SL pathloss estimation value may be required… When the base station configures an SL DMRS or an SL CSI-RS as a signal that has to be used for pathloss estimation, the terminal may configure the SL transmission power based on the SL pathloss estimation value”);
determining a second sidelink pathloss based at least in part on a second sidelink reference signal received from a third UE ([0214] and equation 10 disclosing “PL3”; [0215] disclosing “the third PSFCH may be transmitted to the SL transmission terminal-2; [0102] disclosing “For SL transmission power control, an SL pathloss estimation value may be required… When the base station configures an SL DMRS or an SL CSI-RS as a signal that has to be used for pathloss estimation, the terminal may configure the SL transmission power based on the SL pathloss estimation value”); and
transmitting, based at least in part on transmitting the indication that the first UE is capable of transmitting the quantity of sidelink transmissions that at least partially overlap in time and have different respective transmit powers ([0201] disclosing the terminal reporting the capability of the number of simultaneous PSFCHs that can be transmitted; [0206] disclosing the terminal transmitting a selected number of PSFCH simultaneously may configure the power of the PSFCH by the following methods; [0213]-[0215] disclosing the transmission of simultaneous PSFCH can have different transmission powers), and via a first set of one or more symbols of a resource pool and at a first frequency, a first sidelink transmission to the second UE using a first transmit power that is based at least in part on the first sidelink pathloss and, via a second set of one or more symbols of the resource pool and at a second frequency, a second sidelink transmission to the third UE using a second transmit power that is different from the first transmit power and is based at least in part on the second sidelink pathloss ([0204]-[0205] disclosing a number of PFSCHs available for the reception terminal to simultaneously transmit may be configured for each reference pool which is L and L can be less than or equal to N; See Fig. 7 K3 symbols, [0128] disclosing the PSFCH includes K3 symbols; [0206] disclosing the terminal transmitting a selected number of PSFCH simultaneously may configure the power of the PSFCH by the following methods; [0214]-[0215] disclosing Method 2 transmitting N PSFCH at power PPSFCH-N based on PLN where PPSFCH-N is the transmission power of the Nth PSFCH resource and when N PSFCHs are transmitted to different SL transmission terminals some of the parameters of Equation 10 can be different. “For example, the first PSFCH and the second PSFCH may be transmitted to the SL transmission terminal-1, and the third PSFCH may be transmitted to the SL transmission terminal-2. In this case, the transmission power of each PSFCH may be different.”; Fig. 8 and Fig. 9 illustrating the structure of PSFCH comprising 1, 2 or more than two symbols in the time domain; [0137] disclosing the size of one PSFCH resource is one resource block (RB) in the frequency domain (e.g., 12 REs labelled #0-#11); [0206] disclosing “the number of PSFCHs that have to be transmitted simultaneously”), and the first sidelink transmission and the second sidelink transmission at least partially overlapping in time based at least in part on at least one symbol of the resource pool being included in both the first set of one or more symbols and the second set of one or more symbols ([0216]-[0217] disclosing techniques in which the SL reception terminal has to transmit a number of PSFCHs to one or more transmission terminals simultaneously; Fig. 7 K3 symbols, [0128] disclosing the PSFCH includes K3 symbols; [0204]-[0205] disclosing the number of PSFCH available for the UE to transmit PSFCH is L which can be less than or equal to N; (i.e. simultaneous transmission of N PSFCH in the K3 symbols)).
Ryu does not disclose the following; however, Huang discloses based at least in part on the first UE comprising a first radio frequency transmission chain and a second radio frequency transmission chain ([0333] disclosing the capability to transmit a plurality of PSFCHs on a plurality of carriers simultaneously is based on the number of transmitted (TX) radio frequency (RF) chains for transmitting sidelink transmission by the UE; and the UE may be able to perform simultaneous transmissions of PSFCH on a number of carriers that are less than or equal to the number of TX RF chains; [0337] disclosing the capability to transmit a number of PSFCHs simultaneously on a number of carriers not exceeding the number of TX RF chains; Fig. 10, [0391]-[0392]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Ryu with the techniques of Huang because the teaching lies in Huang that when the capability of the UE is exceeded, applying prioritization to determine which feedback to send ([0337]) can improve efficiency and reduce power consumption by more efficiently handling sidelink feedback collisions ([0439]).
Regarding claim 4, Ryu discloses the method of claim 1, further comprising:
receiving a control message that indicates a mapping of the second UE to a first sidelink feedback channel group and of the third UE to a second sidelink feedback channel group, wherein the first UE transmits a first sidelink feedback channel message as the first sidelink transmission using the first transmit power and a second sidelink feedback channel message as the second sidelink transmission using the second transmit power based at least in part on receiving the control message that indicates the mapping ([0083]-[0086] disclosing the base station configures the PSFCH time/frequency resources; [0106] base station sends an SL scheduling grant including resource allocation information of a PSFCH for ACK/NACK feedback (e.g., a sidelink feedback channel group); [0195] disclosing “One SL reception terminal may receive different PSSCHs from a plurality of SL transmission terminals. In this case, the SL reception terminal may have to transmit a plurality of SL feedback channels” (e.g., first and second sidelink feedback channel groups corresponding to two different terminals) which requires determining a transmission power for the plurality of PSFCH transmissions).
Regarding claim 5, Ryu discloses the method of claim 4, wherein receiving the control message comprises:
receiving, from a network entity, a radio resource control message, a medium access control layer control element message, or a downlink control information message that indicates the mapping ([0106] base station sends the resource allocation for the PSFCH resources used for sidelink ACK/NACK feedback (e.g., downlink control information); [0195] disclosing “One SL reception terminal may receive different PSSCHs from a plurality of SL transmission terminals. In this case, the SL reception terminal may have to transmit a plurality of SL feedback channels”).
Regarding claim 7, Ryu discloses the method of claim 4, wherein receiving the control message comprises:
receiving an indication that the first sidelink reference signal is to be used for determining the first sidelink pathloss and the second sidelink reference signal is to be used for determining the second sidelink pathloss ([0102] disclosing the base station configures the SL DMRS or SL CSI-RS such that the terminal estimates pathloss based on these signals).
Regarding claim 9, Ryu discloses the method of claim 1, further comprising:
determining a third sidelink pathloss based at least in part on a third sidelink reference signal received from a fourth UE ([0214] and equation 10 disclosing “PLN”; [0215] disclosing N PSFCH at power PPSFCH-N based on PLN; [0216] disclosing transmitting the N PSFCH to different terminals simultaneously; [0201]); and
transmitting, using the first radio frequency transmission chain that is used to transmit the first sidelink transmission, a third sidelink transmission to the fourth UE using a third transmit power that is based at least in part on the third sidelink pathloss ([0216]-[0219] disclosing manner of setting the transmission power based on equation 10 for each of the PSFCH; Fig. 16, transceiver 1610, [0224] disclosing (e.g., a transmit chain); inherently, the techniques can be performed to transmit sidelink communications at other times and to other user equipment using the same transmit chain that was previously used for the first sidelink transmission).
Regarding claim 11, Ryu discloses the method of claim 1, further comprising:
receiving, based at least in part on the second UE and the third UE being configured within a same sidelink feedback channel group ([0206], [0215] terminal to which the PSFCH needs to be transmitted to simultaneously is a group), a control message that indicates a first set of power control parameters to use to determine the first transmit power and a second set of power control parameters to use to determine the second transmit power ([0214]-[0215] disclosing the parameters implicitly received by the device to inform the device performing the method).
Regarding claim 12, Ryu discloses the method of claim 1, wherein transmitting the first sidelink transmission and the second sidelink transmission comprises:
transmitting a first sidelink feedback channel message using the first transmit power and a second sidelink feedback channel message using the second transmit power ([0206], [0215],[0216] disclosing simultaneously transmitting PSFCH using the same or different transmission powers for each PSFCH).
Regarding claim 13, Ryu discloses the method of claim 1, further comprising:
adjusting a transmit power of a set of transmit powers corresponding to a set of sidelink feedback channel messages associated with a sidelink feedback channel group that includes the second UE and the third UE, the adjusting based at least in part on a transmit power constraint ([0206], [0215] terminal to which the PSFCH needs to be transmitted to simultaneously is a group; [0216]-[0218] disclosing adjusting based on constraints).
Regarding claim 14, Ryu discloses the method of claim 13, wherein adjusting the transmit power comprises:
increasing or decreasing the transmit power based at least in part on a sidelink pathloss reference signal configuration at the first UE, adjusting the transmit power within a range that is defined by a minimum transmit power of the set of transmit powers and a maximum transmit power of the set of transmit powers, or any combination thereof ([0218] scaling down the to match the PSFCH with the lowest transmission power or scaling up to match the PSFCH with the highest transmission power).
Regarding claim 15, Ryu discloses the method of claim 13, further comprising:
adjusting the transmit power based at least in part on a minimum, maximum, or average of each transmit power of the set of transmit powers ([0217]-[0218]).
Regarding claim 16, Ryu discloses the method of claim 13, wherein adjusting the transmit power comprises:
identifying a highest priority sidelink transmission associated with the sidelink feedback channel group; and adjusting the transmit power based at least in part on a third transmit power of the set of transmit powers, the third transmit power for a sidelink feedback channel message of the set of sidelink feedback channel messages that corresponds to the highest priority sidelink transmission ([0217]).
Regarding claim 17, Ryu discloses the method of claim 13, further comprising:
receiving, from a network entity, an indication of a transmit power adjustment rule ([0200]-[0201] disclosing when a terminal can transmit multiple PSFCH simultaneously, the power needs to be adjusted and the base station reflects this capability to the terminal in the resource allocation of the SL feedback channel which is seen as an indication of the transmit power adjustment rule), wherein the transmit power is adjusted in accordance with the transmit power adjustment rule ([0206] disclosing the terminal transmitting a selected number of PSFCH simultaneously may configure the power of the PSFCH by the following methods; [0214]-[0215]).
Regarding claim 18, Ryu discloses the method of claim 1, further comprising:
determining a remaining transmit power based at least in part on the first transmit power, the second transmit power, and a transmit power constraint; and determining whether to transmit one or more additional sidelink transmissions based at least in part on the remaining transmit power ([0219] Z_dB < PCMAX and only the L PSFCHs are transmitted (e.g., determines to not transmit one or more additional PSFHCs).
Regarding claim 20, Ryu discloses the method of claim 18, wherein determining whether to transmit the one or more additional sidelink transmissions comprises:
determining to transmit at least one of the one or more additional sidelink transmissions that are associated with a same priority based at least in part on a resource block index, a subchannel index, a destination identifier, a priority of the destination identifier, or any combination thereof ([0203] PSSCH starting subchannel index; [0205] priority of the PSSCH).
Regarding claim 22, Ryu discloses the method of claim 1, wherein transmitting the first sidelink transmission and the second sidelink transmission comprises:
transmitting a first sidelink control channel transmission and a second sidelink control channel transmission, a first sidelink shared channel transmission and a second sidelink shared channel transmission, or a first sidelink reference signal transmission and a second sidelink reference signal transmission (Fig. 7 illustrating the transmission time interval comprising PSFCH, [0206] disclosing the terminal transmitting a selected number of PSFCH simultaneously (e.g., each instance representing a sidelink control channel transmission); Figs. 8 and 9 DMRS in subcarrier #1 and #4 (e.g. first and second sidelink reference channel); Further, as indicated above, one PSFCH is transmitted per resource block of 12 subcarriers such that DMRS are transmitted in each resource block for each PSFCH).
Regarding claim 23, Ryu dos not expressly disclose the method of claim 1, further comprising: determining the first transmit power, the second transmit power, or both, based at least in part on a closed-loop power control procedure. However, use of closed-loop power control is notoriously well-known to one of ordinary skill in the art and examiner takes official notice that the tradeoffs and advantages of closed-loop power control are common knowledge in the field of endeavor. Accordingly, it would merely be a matter of obvious engineering design choice to use a closed-loop power control technique. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a closed-loop power control procedure to control the transmission powers of Ryu.
Regarding claims 24, 26 and 28, the claims are directed towards an apparatus for wireless communications, comprising: at least one processor of a first user equipment (UE), a transceiver coupled with the at least one processor, and memory coupled with the at least one processor, the memory and processor configured to cause the apparatus to perform the method of claims 1, 4 and 9. Ryu discloses such implementations (Fig. 16 and Fig. 17, [0222]-[0238]); therefore, claims 24-26 and 28 are rejected on the grounds presented above for claims 1-2, 4 and 9.
Regarding claim 27, Ryu discloses the apparatus of claim 24, the memory and the at least one processor further configured to cause the apparatus to:
transmit, to a fourth UE via the transceiver, a third sidelink feedback channel message using the first transmit power that is based at least in part on the first sidelink pathloss in accordance with the fourth UE being grouped with the second UE for sidelink feedback channel transmission ([0195] One SL reception terminal may receive different PSSCHs from a plurality of SL transmission terminals. In this case, the SL reception terminal may have to transmit a plurality of SL feedback channels.; [0214] and equation 10 disclosing “PLN”; [0215] disclosing N PSFCH at power PPSFCH-N based on PLN; [0216] disclosing transmitting the N PSFCH to different terminals simultaneously; [0201]).
Regarding claim 29, the claim is directed towards a combination of means for performing the method of claim 1, Ryu discloses equivalent means ([0234] disclosing “The methods according to the embodiments of the disclosure described in the claims or specification of the disclosure” may be implemented by hardware or a combination of hardware and software.); accordingly, claim 29 is rejected on the grounds presented above for claim 1.
Regarding claim 30, the claim is directed towards a non-transitory computer-readable medium storing code for wireless communications at a first user equipment (UE), the code comprising instructions executable by a processor to perform the method of claim 1. Ryu discloses such implementations ([0235]-[0238]); therefore, claim 30 is rejected on the grounds presented above for claim 1.
Regarding claim 32, Ryu does not expressly disclose the following; however, examiner takes official notice that it is notoriously well-known to one of ordinary skill in the art that individual transceivers (i.e., transmission chains) comprise a set of radio frequency components comprising a first antenna panel, a first beamforming controller, a first baseband module, a first digital-to-analog converter, a first baseband processing component, or any combination thereof.
Further, Huang discloses the method of claim 1, wherein:
transmitting the first sidelink transmission comprises transmitting the first sidelink transmission via the first radio frequency transmission chain; and transmitting the second sidelink transmission comprises transmitting the second sidelink transmission via the second radio frequency transmission chain ([0333] disclosing the capability to transmit a plurality of PSFCHs on a plurality of carriers simultaneously is based on the number of transmitted (TX) radio frequency (RF) chains for transmitting sidelink transmission by the UE; and the UE may be able to perform simultaneous transmissions of PSFCH on a number of carriers that are less than or equal to the number of TX RF chains; [0337] disclosing the capability to transmit a number of PSFCHs simultaneously on a number of carriers not exceeding the number of TX RF chains; Fig. 10, [0391]-[0392]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Ryu with the techniques of Huang because the teaching lies in Huang that when the capability of the UE is exceeded, applying prioritization to determine which feedback to send ([0337]) can improve efficiency and reduce power consumption by more efficiently handling sidelink feedback collisions ([0439]).
Regarding claim 33, The combination of Ryu and Huang suggest the method of claim 1, wherein transmitting the indication that the first UE is capable of transmitting the quantity of sidelink transmissions that at least partially overlap in time and have different respective transmit powers comprises:
transmitting an indication that the first UE comprises the first radio frequency transmission chain and the second radio frequency transmission chain (Ryu: [0201] disclosing the terminal reporting the capability of the number of simultaneous PSFCHs that can be transmitted; [0206] disclosing the terminal transmitting a selected number of PSFCH simultaneously may configure the power of the PSFCH by the following methods; [0213]-[0215] disclosing the transmission of simultaneous PSFCH can have different transmission powers; Huang: [0333] disclosing the capability to transmit a plurality of PSFCHs on a plurality of carriers simultaneously is based on the number of transmitted (TX) radio frequency (RF) chains for transmitting sidelink transmission by the UE; and the UE may be able to perform simultaneous transmissions of PSFCH on a number of carriers that are less than or equal to the number of TX RF chains; [0337] disclosing the capability to transmit a number of PSFCHs simultaneously on a number of carriers not exceeding the number of TX RF chains; Fig. 10, [0391]-[0392]) such that the UE is capable of transmitting simultaneous transmissions with different transmit powers (The broadest reasonable interpretation of this feature is that it represents the intended use of the claimed method and is not considered limiting to the claimed invention. Further, as can be seen from the cited portions of Ryu, such simultaneous communication capabilities provide for such results).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Ryu with the techniques of Huang because the teaching lies in Huang that when the capability of the UE is exceeded, applying prioritization to determine which feedback to send ([0337]) can improve efficiency and reduce power consumption by more efficiently handling sidelink feedback collisions ([0439]).
Regarding claim 34, Ryu suggests the method of claim 1, wherein transmitting the indication that the first UE is capable of transmitting the quantity of sidelink transmissions that at least partially overlap in time and have different respective transmit powers comprises:
transmitting an indication that the first UE supports a quantity of sidelink feedback channel groups, wherein the first sidelink transmission is transmitted to the second UE and the second sidelink transmission is transmitted to the third UE based at least in part on the indication that the first UE supports the quantity of sidelink feedback channel groups ([0204] disclosing capability of simultaneous PSFCHs; [0215] disclosing the first and second PSFCH (i.e., sidelink feedback group) may be transmitted to SL transmission terminal-1, and the third PSFCH (i.e., another sidelink feedback group ) may be transmitted to transmission terminal-3).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2021/0185685 A1) in view of Huang et al. (US 2020/0205166 A1) as applied to claim 4 above, further in view of Charbit et al. (US 2012/0106517 A1).
Regarding claim 6, Ryu discloses the method of claim 4, wherein receiving the control message comprises:
receiving from a network entity a downlink control information message that indicates the mapping ([0106] base station sends the resource allocation for the PSFCH resources used for sidelink ACK/NACK feedback (e.g., downlink control information); [0195] disclosing “One SL reception terminal may receive different PSSCHs from a plurality of SL transmission terminals. In this case, the SL reception terminal may have to transmit a plurality of SL feedback channels”).
Ryu does not disclose the following; however, Charbit discloses receiving, from the second UE, the third UE, or both, a sidelink radio resource control message, a sidelink medium access control layer control element message, or a sidelink control information message that indicates the mapping ([0035] disclosing a base station designates a group of UEs for sidelink (e.g., D2D) communication; [0036] the base station designates a group head responsible for receiving the resource allocation for the group and the group head can then independently allocate the resources granted by the eNB 105 to the other UEs within the group).
It would have been obvious to one of ordinary skill in the art to modify the techniques of Ryu as taught by Charbit because the teaching lies therein that such scheduling techniques overcome challenges in view of the many processes that are concurrently performed during direct device-to-device (D2D) communications within a network environment in which said processes lead to reduced efficiency of resource allocation procedures for D2D communication.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2021/0185685 A1) in view of Huang et al. (US 2020/0205166 A1) as applied to claim 1 above, further in view of Wu et al. (US 2019/0124490 A1).
Regarding claim 8, Ryu discloses the method of claim 1, further comprising:
transmitting, to a fourth UE, a third sidelink feedback channel message using the first transmit power that is based at least in part on the first sidelink pathloss in accordance with the fourth UE being grouped with the second UE for sidelink feedback channel transmission ([0195] One SL reception terminal may receive different PSSCHs from a plurality of SL transmission terminals. In this case, the SL reception terminal may have to transmit a plurality of SL feedback channels.; [0214] and equation 10 disclosing “PLN”; [0215] disclosing N PSFCH at power PPSFCH-N based on PLN; [0216] disclosing transmitting the N PSFCH to different terminals simultaneously[; [0210]).
Ryu does not disclose the following; however, Wu suggests wherein the fourth UE is grouped with the second UE based at least in part on a beam configuration used to communicate with the UE and the second UE (Fig. 4, TX UE 405, RX UE 415, Neighbor UE 425, Beam 3, [0055] disclosing the TX UE 405 determines that a third beam (shown as Beam 3) is to be used to communicate with a third neighbor UE 425 (associated with NV3) and the receiver UE 415.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Ryu with the teaching in Wu because this allows the transmitter UE to simultaneously transmit to multiple receivers in different beams ([0058]) allowing for more efficient scheduling and reduced interference ([0050]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2021/0185685 A1) in view of Huang et al. (US 2020/0205166 A1) as applied to claim 1 above, further in view of Wang et al. (US 2022/0159583 A1).
Regarding claim 10, Ryu discloses the method of claim 1, further comprising:
determining to use the first sidelink reference signal for determining the first sidelink pathloss; and determining to use the second sidelink reference signal for determining the second sidelink pathloss ([0102] disclosing the base station configures the SL DMRS or SL CSI-RS such that the terminal estimates pathloss based on these signals).
Ryu does not disclose the following; however, Wang suggests using respective sidelink reference signals for determining pathloss based at least in part on a first beam used to communicate with the second UE and based at least in part on a second beam used to communicate with the third UE ([0076] disclosing the power control uses the best sidelink beam between UEs; [0080] disclosing the UE determines the pathloss based on sidelink reference signal).
It would have been obvious to one of ordinary skill in the art before the effective, filing date of the invention to modify Ryu as taught by Wu because this leads to optimized power control including dynamic power control and increased flexibility in power control ([0035], [0038], [0034]. [0074], [0078]).
Claim(s) 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2021/0185685 A1) in view of Huang et al. (US 2020/0205166 A1) as applied to claim 18 above, further in view of 3GPP TS 38.213 V16.7.0 (2021-09); 3rd Generation Partnership Project; Technical Specification Group Radio Access Network NR; Physical Layer Procedures for control (Release 16).
Regarding claim 19, Ryu discloses the field of endeavor as New Radio ([0003]) but does not disclose the following; however, TS 38.213 suggests the method of claim 18, wherein determining whether to transmit the one or more additional sidelink transmissions comprises:
determining to not transmit the one or more additional sidelink transmissions based at least in part on the one or more additional sidelink transmissions being associated with a same priority and being associated with transmit powers that are greater than the remaining transmit power (Section 16.2.3, pg. 166 last eight lines and pg. 167 first four lines disclosing transmitting priorities up to K satisfying power ≤ PCMAX; where priority K+1 is not transmitted).
Considering this in-common architecture, coexistence of the cited teachings/components (i.e., use of 3GPP TS 38.213 in the new radio field of endeavor of Ryu) is clearly prima facie obvious. See KSR Int 'l Co. v. Teleflex Inc., 550 U.S. 398, 401 (2007) ("To determine whether there was an apparent reason to combine the known elements in the way a patent claims, it will often be necessary to look to interrelated teachings of multiple patents ... ") (addressing Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17-18 (1965)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement Ryu to follow the technical specifications of new radio.
Regarding claim 21, Ryu discloses the field of endeavor as New Radio ([0003]) but does not disclose the following; however, TS 38.213 suggests the method of claim 18, wherein determining whether to transmit the one or more additional sidelink transmissions comprises:
determining to transmit at least one of the one or more additional sidelink transmissions that are associated with a same priority based at least in part on a lowest transmit power associated with the at least one of the one or more additional sidelink transmissions (Section 16.2.3, pg. 166 last eight lines and pg. 167 first four lines; in particular the equation on line two of pg. 167).
Considering this in-common architecture, coexistence of the cited teachings/components (i.e., use of 3GPP TS 38.213 in the new radio field of endeavor of Ryu) is clearly prima facie obvious. See KSR Int 'l Co. v. Teleflex Inc., 550 U.S. 398, 401 (2007) ("To determine whether there was an apparent reason to combine the known elements in the way a patent claims, it will often be necessary to look to interrelated teachings of multiple patents ... ") (addressing Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17-18 (1965)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement Ryu to follow the technical specifications of new radio.
Official Notice
Examiner has taken official notice with respect to certain claim features which has not been traversed by applicant. Accordingly, the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant failed to traverse the examiner’s assertion of official notice. See Ahlert, 424 F.2d at 1091, 165 USPQ at 420.
Response to Arguments
Applicant’s arguments “i” (pp 7-11) of the appeal brief filed 14 January 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments “ii” (pp 12-15) of the appeal brief filed 14 January 2026 have been fully considered but they are not persuasive.
Applicant asserts that the reference of record Ryu does not disclose “different transmission powers” in a same “resource pool” examiner respectfully disagrees.
With respect to the value L, Ryu discloses “when L is set in the resource pool (L ≤ N), the SL reception terminal may have to transmit a smaller number of PSFCHs than N at the time of PSFCH transmission. In another example, due to a shortage of PSFCH resources, the SL reception terminal may have to transmit a smaller number of PSFCHs than N at the time of PSFCH transmission. In this case, an operation of selecting L PSFCH transmission candidates from among N PSFCH transmission candidates may be added.” (See: [0205] emphasis added).
Applicant’s argument is flawed with respect to the disclosure in Ryu at [0216] which states, “[w]hen the SL reception terminal has to transmit the L PSFCHs among the N PSFCHs to the same transmission terminal or different transmission terminals simultaneously, the transmission power for each PSFCH needs to be configured identical. (Emphasis added). This scenario is related to the situation disclosed at [0205] in which the UE is limited to a smaller number than N simultaneous PSFCH transmissions.
In contrast, at [0215] Ryu discloses, “[w]hen N PSFCHs are transmitted to different SL transmission terminals, at least one of the above-described parameters may be different. For example, the first PSFCH and the second PSFCH may be transmitted to the SL transmission terminal-1, and the third PSFCH may be transmitted to the SL transmission terminal-2. In this case, the transmission power of each PSFCH may be different.“ (Emphasis added).
Accordingly, applicant’s arguments are not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu et al. (US 2021/0058877 A1).
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/JOSEPH A BEDNASH/Primary Examiner, Art Unit 2461
/HUY D VU/Supervisory Patent Examiner, Art Unit 2461