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 .
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.
Response to Arguments
Applicant's arguments filed 1/5/26 have been fully considered.
Applicant’s arguments, starting on page 10, with respect to the 35 U.S.C. 103 rejections have been fully considered but are not persuasive.
Regarding claim 1, Applicant argues that Zhao in view of Cai does not disclose “the another resource is a non-preferred resource that is available for selection for communication on the sidelink and wherein the set of resources are available for communicating on a sidelink.” Examiner respectfully disagrees.
Firstly, the instant amendment does not seem to support Applicant’s arguments. Claim 1 recites “wherein the set of resources includes a non-preferred resource and another resource” and “the set of resources are available for communicating on a sidelink.” Thus, both the non-preferred resource and the another resource are available for communicating on a sidelink. Claim 1 also recites “wherein the another resource is a non-preferred resource that is available for selection for communication on the sidelink.” Thus, both the non-preferred resource and the another resource are both referring to non-preferred resources that are available for transmitting on the sidelink. Accordingly, the language of claim 1 could reasonable be interpreted such that the set of resources includes a plurality of non-preferred resources available for transmitting on a sidelink. This is taught by Cai in paragraphs 146-148.
Secondly, Applicant’s arguments misinterpret the teachings of Zhao. Applicant correctly points out that in paragraph 61, Zhao discloses excluding resources. However, paragraph 61 of Zhao is discussing the half-duplex problem, which the embodiments in Zhao are directed towards correcting. The teachings in paragraph 61 of Zhao through contrast provide important context to understanding the embodiment in paragraph 89 and how it corresponds to the instant claim, but do not directly apply.
Thirdly, in response to applicant's arguments against the references individually, 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). Applicant’s arguments regarding Cai are directed towards features that are taught by Zhao.
Thus, Zhao in view of Cai do disclose all the features of the instant claim.
Applicant’s arguments regarding claims 13, 28, and 30 are based on their similarity to claim 1 and are respectfully disagreed with for similar reasons.
Applicant’s arguments regarding the remaining claims are based on their dependence to claims 1, 13, 28, and 30 and are respectfully disagreed with for similar reasons.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1,4-13,16-28 and 30-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 13, 28, and 30 recite the limitation “a non-preferred resource” and then “a non-preferred resource that is available for selection for communication on the sidelink.” There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 13, 28, and 30 recite the limitation “the sidelink” and then recites “a sidelink.” There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
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.
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.
Claim(s) 1-8, 11-20, 23-24, 28, and 30-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20240090009 A1) in view of Cai (US 20230319951 A1).
Regarding claim 1, Zhao discloses:
“A user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to:” ([para 0010]: “In a fifth aspect, a terminal device is provided. The terminal device includes a processor and a memory. The memory stores a computer program, and the processor is configured to invoke and execute the computer program stored in the memory to perform the method according to the above first aspect or any implementation thereof.
“transmit a coordination indication identifying a set of availability statuses for a set of resources,” ([para 0066]: “At S201, a first terminal receives first information transmitted by a second terminal.” ; [para 0073]: “ Optionally, in some embodiments, the first information may include at least one of: resource indication information indicating at least one transmission resource…” ; [para 0079]: “Optionally, in some embodiments, the resource indication information may be used for determining at least one of: [0080] a set of available resources…”)
“wherein the coordination indication is an implicit indication of an identifier of a time duration and an implicit indication of an identifier of a periodicity,” ([para 0190-0193]: “As a non-limiting example, the information on the resource pool for the first terminal may include at least one of… a start PRB position, such as, the lowest PRB index of the subband for the lowest subband index in the resource pool;” ; [para 0172]: “Optionally, in some embodiments, each period parameter may correspond to an index value, and a correspondence between period parameters and index values may be pre-configured, or configured by a network device.”)
“wherein the set of resources includes … and another resource in a slot associated with the UE not performing sidelink reception due to half-duplex operation…” ([¶ 0061]: “When a terminal selects a transmission resource by performing sensing, if the terminal transmits sidelink data on a certain time slot within the sensing window, due to the limitation of half-duplex, the terminal cannot receive any data transmitted by other terminals in this time slot, and there is no sensing result. Therefore, when the terminal performs resource exclusion, it will exclude all resources corresponding to this time slot in the selection window to avoid interference with other terminals.”; [¶ 0089]: “For example, the group head terminal may allocate transmission resources of different time slots to group member terminals, thereby avoiding the half-duplex problem in data transmission between group member terminals. That is, when one group member terminal transmits data, other group member terminals can receive the data.”)
“…communicate on the sidelink in accordance with the set of availability statuses.” ([para 0134]: “The first terminal performs data transmission according to the selected resource.” ; Also see S203 in Fig. 9)
Zhao does not explicitly disclose wherein the set of resources includes “a non-preferred resource … wherein the another resource is a non-preferred resource that is available for selection for communication on the sidelink and wherein the set of resources are available for communicating on a sidelink”
However, Cai discloses the missing feature wherein the set of resources includes “a non-preferred resource … wherein the another resource is a non-preferred resource that is available for selection for communication on the sidelink and wherein the set of resources are available for communicating on a sidelink” ([para 0146-0148]: “The group of resources indicated by the sidelink resource information may be one or more of the following: (1) a preferred (preferred) resource used by the terminal device B to perform sidelink transmission, where for example, the terminal device A determines, based on a detection result, the preferred (preferred) resource used by the terminal device B to perform sidelink transmission: (2) a non-preferred (not preferred) resource used by the terminal device B to perform sidelink transmission, where for example, the terminal device A determines, based on a detection result and/or a potential resource conflict, the non-preferred (not preferred) resource used by the terminal device B to perform sidelink transmission…”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Zhao and Cai, to modify the technique as disclosed by Zhao, such that the indication is of preferred and non-preferred resources as disclosed by Cai. The motivation for doing so is that it increases flexibility. Therefore, it would have been obvious to combine Zhao with Cai to obtain the invention as specified in the instant claim.
Regarding claim 4, Zhao in view of Cai discloses all the features of the parent claim.
Zhao further discloses “wherein an availability status, of the set of availability statuses, indicates whether a resource, of the set of resources, is available for uplink transmission or is unavailable for sidelink reception.” ([para 0079]: “Optionally, in some embodiments, the resource indication information may be used for determining at least one of: a set of available resources; a set of unavailable resources;”)
Regarding claim 5, Zhao in view of Cai discloses all the features of the parent claim.
Zhao further discloses “wherein the coordination indication is included in at least one of: an aperiodic message, a periodic message, an activation message, a deactivation message, or a combination thereof.” ([para 0167]: “As an example, an information bit in the SCI may indicate whether the receiving end needs to transmit the first information periodically, or in other words, whether it needs to transmit the first information for one single time or transmit the first information periodically.”)
Regarding claim 6, Zhao in view of Cai discloses all the features of the parent claim.
Zhao further discloses “wherein the coordination indication is included in a message that includes an indicator of one or more other availability statuses of one or more other resources.” ([para 0117]: “The resource indication information may include S bitmaps, where S is a number of time slots. Each of the S bitmaps corresponds to one time slot, and each bitmap indicates an availability of a transmission resource in the corresponding time slot.”)
Regarding claim 7, Zhao in view of Cai discloses all the features of the parent claim.
Zhao further discloses “wherein the coordination indication is included in a standalone message that does not include an indicator of one or more other availability statuses of one or more other resources.” ([para 0106]: “The resource indication information may include number information of the at least one transmission resource, and the number information of each transmission resource may indicate one of a plurality of transmission resources.”)
Regarding claim 8, Zhao in view of Cai discloses all the features of the parent claim.
Zhao discloses the missing feature “wherein the coordination indication further comprises an implicit indication of an identifier of a starting slot.” ([para 0094-0095]: “Optionally, in some embodiments, the time slot indication information may include at least one of: first time slot indication information used for determining a first reference time slot that is a reference start time slot of the at least one transmission resource or is a starting position of the resource selection time window for the at least one transmission resource”)
Regarding claim 11, Zhao in view of Cai discloses all the features of the parent claim.
Zhao further discloses “wherein the coordination indication is resource pool specific or sidelink component carrier specific.” ([para 0189]: “In this case, when the second terminal transmits the first information to the first terminal to assist the first terminal in resource selection, the first information should be determined according to the information on the resource pool for the first terminal. Therefore, the first terminal needs to transmit the information on the resource pool for the first terminal to the second terminal.”)
Regarding claim 12, Zhao in view of Cai discloses all the features of the parent claim.
Zhao further discloses “wherein the coordination indication is a cross-resource pool indication or a cross-component carrier indication.” ([para 0189]: “Specifically, when terminals use preconfigured resource pool information, the transmission resource pools for all terminals are the same.”)
Regarding claim 13, Zhao discloses:
“A user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to:” ([para 0010]: “In a fifth aspect, a terminal device is provided. The terminal device includes a processor and a memory. The memory stores a computer program, and the processor is configured to invoke and execute the computer program stored in the memory to perform the method according to the above first aspect or any implementation thereof.
“receive a coordination indication identifying a set of availability statuses for a set of resources…” ([para 0066]: “At S201, a first terminal receives first information transmitted by a second terminal.” ; [para 0073]: “ Optionally, in some embodiments, the first information may include at least one of: resource indication information indicating at least one transmission resource…” ; [para 0079]: “Optionally, in some embodiments, the resource indication information may be used for determining at least one of: [0080] a set of available resources…”)
“wherein the coordination indication is an implicit indication of an identifier of a time duration and an implicit indication of an identifier of a periodicity,” ([para 0190-0193]: “As a non-limiting example, the information on the resource pool for the first terminal may include at least one of… a start PRB position, such as, the lowest PRB index of the subband for the lowest subband index in the resource pool;” ; [para 0172]: “Optionally, in some embodiments, each period parameter may correspond to an index value, and a correspondence between period parameters and index values may be pre-configured, or configured by a network device.”)
“wherein the set of resources includes … another resource in a slot associated with the UE not performing sidelink reception due to half-duplex operation…” ([¶ 0061]: “When a terminal selects a transmission resource by performing sensing, if the terminal transmits sidelink data on a certain time slot within the sensing window, due to the limitation of half-duplex, the terminal cannot receive any data transmitted by other terminals in this time slot, and there is no sensing result. Therefore, when the terminal performs resource exclusion, it will exclude all resources corresponding to this time slot in the selection window to avoid interference with other terminals.”; [¶ 0089]: “For example, the group head terminal may allocate transmission resources of different time slots to group member terminals, thereby avoiding the half-duplex problem in data transmission between group member terminals. That is, when one group member terminal transmits data, other group member terminals can receive the data.”)
“…transmit on the sidelink in accordance with the set of availability statuses.” ([para 0134]: “The first terminal performs data transmission according to the selected resource.” ; Also see S203 in Fig. 9)
Zhao does not explicitly disclose wherein the set of resources includes “a non-preferred resource … and wherein the set of resources are available for communicating on a sidelink”
However, Cai discloses the missing feature wherein the set of resources includes “a non-preferred resource … and wherein the set of resources are available for communicating on a sidelink” ([para 0146-0148]: “The group of resources indicated by the sidelink resource information may be one or more of the following: (1) a preferred (preferred) resource used by the terminal device B to perform sidelink transmission, where for example, the terminal device A determines, based on a detection result, the preferred (preferred) resource used by the terminal device B to perform sidelink transmission: (2) a non-preferred (not preferred) resource used by the terminal device B to perform sidelink transmission, where for example, the terminal device A determines, based on a detection result and/or a potential resource conflict, the non-preferred (not preferred) resource used by the terminal device B to perform sidelink transmission…”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Zhao and Cai, to modify the technique as disclosed by Zhao, such that the indication is of preferred and non-preferred resources as disclosed by Cai. The motivation for doing so is that it increases flexibility. Therefore, it would have been obvious to combine Zhao with Cai to obtain the invention as specified in the instant claim.Claims 14, 16-20, and 23-24 are similar to claims 1-2, 4-8, and 11-12 and are rejected for similar reasons.
Regarding claim 26, Zhao in view of Cai discloses all the features of the parent claim.
Zhao further discloses “transmit sidelink control information to indicate a transmission of a packet with a priority or a packet delay budget in a resource, wherein the sidelink control information is transmitted a quantity of slots before the resource.” ([para 0071]: “Optionally, the SCI is first-stage SCI or a second-stage SCI. The first-stage SCI is transmitted via a PSCCH, and the second-stage SCI is transmitted over a PSSCH transmission resource.” ; [para 0104]: “Optionally, in some embodiments, the initial RSRP threshold may be determined based on a priority carried in a received PSCCH and priority information used for sensing.”)
Claims 16-20 and 23-24 are substantially similar to claims 4-8 and 11-12 and are rejected for similar reasons.
Claims 28 and 30-35 are similar to claims 1, 8, 6, 11, 13, 18, and 20 and are rejected for similar reasons.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20240090009 A1) in view of Cai (US 20230319951 A1) and further in view of Li (US 20210219268 A1).
Regarding claim 9, Zhao in view of Cai discloses all the features of the parent claim.
Zhao does not explicitly disclose “wherein the time duration is defined with respect to only available slots of a resource pool or both available slots and unavailable slots of the resource pool.”
However, Li discloses the missing feature “wherein the time duration is defined with respect to only available slots of a resource pool or both available slots and unavailable slots of the resource pool.” ([para 0162]: “The time duration or length may be in symbols, mini-slots, or slots or subframes.”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Zhao and Li, to modify the technique as disclosed by Zhao, such that time durations are in respect to slots as disclosed by Li. The motivation for doing so is that it is a standard means of doing so and thus increases system interoperability. Therefore, it would have been obvious to combine Zhao with Li to obtain the invention as specified in the instant claim.
Claim 9 is similar to claim 21 and is rejected for similar reasons.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20240090009 A1) in view of Cai (US 20230319951 A1) and further in view of Brindle (US 20100070666 A1).
Regarding claim 10, Zhao in view of Cai discloses all the features of the parent claim.
Zhao does not explicitly disclose “wherein a time reference for the coordination indication is defined with respect to a slot in which the coordination indication is signaled.”
However, Brindle discloses the missing feature “wherein a time reference for the coordination indication is defined with respect to a slot in which the coordination indication is signaled.” ([para 0018]: “The processor is further configured to frame the data received prior to the apparatus' time slot, to establish a new time reference based on an indication in the received data, and to determine when the apparatus is allowed to transmit a message based on the time slot relative to the new time reference.”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Zhao and Brindle, to modify the technique as disclosed by Zhao, such that the time reference is defined with respect to the slot in which the coordination indication was signaled as disclosed by Brindle. The motivation for doing so is that it increases system flexibility. Therefore, it would have been obvious to combine Zhao with Brindle to obtain the invention as specified in the instant claim.
Claim 10 is similar to claim 22 and is rejected for similar reasons.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20240090009 A1) in view of Cai (US 20230319951 A1) and further in view of Park (US 20160095074 A1).
Regarding claim 25, Zhao in view of Cai discloses all the features of the parent claim.
Zhao does not explicitly disclose “select resources for transmission based at least in part on a timing of receiving the coordination indication.”
However, Li discloses the missing feature “select resources for transmission based at least in part on a timing of receiving the coordination indication.” ([para 0212]: “In the case that the condition for the UE2 821 to be a synchronization source UE, e.g., if transmission data occurs, the UE2 821 selects a resource among the OCC synchronization resources based on the timing received from the UE1 811 to transmit the OOC synchronization sequence (D2DSSue_00n).”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Zhao and Park, to modify the technique as disclosed by Zhao, such that resources are based on a timing of receiving the coordination indication as disclosed by Park. The motivation for doing so is that increases system flexibility. Therefore, it would have been obvious to combine Zhao with Park to obtain the invention as specified in the instant claim.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20240090009 A1) in view of Cai (US 20230319951 A1) and further in view of Cao (US 20210105104 A1).
Regarding claim 27, Zhao in view of Cai discloses all the features of the parent claim.
Zhao does not explicitly disclose “transmit signaling reserving a resource for a new transmission or a retransmission of a packet during a slot of an unavailability period associated with the set of availability statuses.”
However, Cao discloses the missing feature “transmit signaling reserving a resource for a new transmission or a retransmission of a packet during a slot of an unavailability period associated with the set of availability statuses.” ([para 0041]: “For example, the reservation type information may be indicated in a reservation signal, particularly, an indication signal, transmitted from a first UE to other UEs for reservation of SL communication resources, such as time-frequency resources in SL communication between different UEs.”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, having the teachings of Zhao and Cao, to modify the technique as disclosed by Zhao, such that there is signaling reserving a resource as disclosed by Cao. The motivation for doing so is that it is a standard means of doing so and thus increases system interoperability. Therefore, it would have been obvious to combine Zhao with Cao to obtain the invention as specified in the instant claim.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAAD KHAWAR whose telephone number is (571)272-7948. The examiner can normally be reached Monday - Friday, 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Jiang can be reached on (571)-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAAD KHAWAR/ Primary Examiner, Art Unit 2412
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