DETAILED ACTION
In response to communications filed 10/30/2025.
Claims 41 and 44 are canceled.
Claims 29-35, 41-43 and 45-48 are pending for examination.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/30/2025 has been entered.
Allowable Subject Matter
Claims 33-35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Examiner has been unable to locate prior art that reasonably, either singularly or in combination with cited references, would result a proper rejection that would have anticipated or made obvious the subject matter claimed in claims 33-35 and any intervening claim with proper motivation at or before the time it was effectively filed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 29-32, 42, 43 and 45-48 are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (US 2020/0260496 A1) in view of Tang et al. (US 2021/0195558 A1) hereinafter “Jin” and “Tang” respectively.
Regarding Claim 29, Jin teaches A method of operating a first communication node in a communication system supporting sidelink communication (Jin: paragraphs 0068, 0083 & Fig. 6, (first) UE supporting Vehicle-to-Vehicle communication), the method comprising:
performing sidelink communication with a second communication node (Jin: paragraphs 0068, 0071 & Fig. 6, sidelink communication between UEs and the (first) UE);
transmitting, to a base station (Jin: paragraphs 0068, 0084 & Fig. 6, eNB), first information on semi-persistent scheduling (SPS) configuration (Jin: paragraphs 0089-0091 & Fig. 6, configured sidelink SPS configuration) that is related to the sidelink communication (Jin: paragraphs 0071, 0089-0090 & Fig. 6, UE transmits (updated) UE assistance information message including traffic-related information to the base station for sidelink activation) and second information on at least one of the plurality of carriers (Jin: paragraphs 0096-0097, SPS index indicating carriers); and
receiving a message for the SPS configuration from the base station (Jin: paragraph 0090, eNB transmits a sidelink SPS signal to the UE on the basis of the information received from the UE);
wherein the first information on the SPS configuration is transmitted upon a change of traffic patterns (Jin paragraph 0089, when information on specific SPS traffic is changed, detects the change and reflects the changed traffic information in the UE assistance information); and
wherein the first information on the SPS configuration includes at least one of a periodicity, an offset of traffic, or a list of frequencies of the carriers (Jin: paragraph 0090 & Fig. 6, changed information includes traffic periodicity, offset).
Although Jin teaches the SPS configuration or operation is applied in a V2X system (Jin: paragraph 0072 & Figs. 5-6) Jin fails to explicitly teach selecting at least one carrier based on the result of a channel busy radio (CBR) measurement performed on carriers for a carrier aggregation (CA) operation in the vehicle to everything (V2X) communication. However, Tang from an analogous art similarly teaches a terminal device selects transmission carriers or carriers having a small CBR based on the measured CBR of the carriers (Tang: paragraphs 0098-0099; see also paragraphs 0079-0083 selection of carriers for sidelink transmission from plurality of carriers) and further teaches carrier aggregation in V2X communication (Jin: paragraphs 0006-0009).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jin to include the selection of resources or carriers based on CBR for sidelink transmission as taught by Tang so as to reduce congestion or interference in sidelink communications between devices.
Regarding Claim 30, Jin-Tang teaches the respective claim(s) as presented above and further suggests determining one or more candidate carriers usable for the V2X communication with the second communication node (Tang: paragraph 0127, terminal device can set candidate carriers) when the congestion in the first carrier is greater than or equal to a preconfigured threshold (Tang: paragraph 0128, set the carriers as candidate carriers based on CBR reaching a threshold value: see also paragraph 0125, congestion of carriers));
wherein the method further comprises:
receiving a message including new SPS configuration applied to the first carrier and the one or more candidate carriers from the base station (Tang: paragraph 0130, base station notifies terminal device of selected carriers);
wherein the one or more candidate carriers are carriers having CBR less than the preconfigured threshold among carriers aggregated with the first carrier (Tang: paragraph 0129, select carriers based on CBR tolerance level). Examiner recites same reasoning to combine as presented in rejected claim 29.
Regarding Claim 31, Jin-Tang teaches the respective claim(s) as presented above and further suggests wherein the first information (Jin: paragraphs 0089-0090 & Fig. 6, said UE assistance information message) further includes information on the one or more candidate carriers and an indicator requesting distributed processing of data through the one or more candidate carriers (Tang: paragraphs 0126-0130, set candidate carriers based on load balancing). Examiner recites same reasoning to combine as presented in rejected claim 29.
Regarding Claim 32, Jin-Tang teaches the respective claim(s) as presented above and further suggests wherein the message including the new SPS configuration is a radio resource control (RRC) connection reconfiguration message (Jin: paragraph 0084 & Fig. 6, RRC connection reconfiguration message).
Regarding Claim 41, Jin-Tang teaches the respective claim(s) as presented above and further suggests receiving a message for the SPS configuration from the base station (Jin: paragraph 0084 & Fig. 6, UE receives SPS-related configuration information from the eNB through RRC message).
Regarding Claim 42, Jin-Tang teaches the respective claim(s) as presented above and further suggests receiving a radio resource control (RRC) message including the SPS configuration from the base station (Jin: paragraph 0084 & Fig. 6, UE receives SPS-related configuration information from the eNB through RRC message).
Regarding Claim 43, Jin teaches A first communication node in a communication system supporting sidelink communication (Jin: paragraph 0068 & Fig. 6, (first) UE supporting Vehicle-to-Vehicle communication), the first node comprising:
a transceiver (Jin: paragraph 0172 & Fig. 21, RF processing unit); and
a processor coupled to the transceiver (Jin: paragraph 0172 & Fig. 21, controller) and configured to:
perform sidelink communication with a second communication node (Jin: paragraphs 0068, 0071 & Fig. 6, sidelink communication between UEs and the (first) UE); and
transmit, to a base station (Jin: paragraphs 0068, 0070-0071 & Fig. 6, eNB), first including information on semi-persistent scheduling (SPS) configuration (Jin: paragraphs 0089-0091 & Fig. 6, configured sidelink SPS configuration) that is related to the sidelink communication (Jin: paragraphs 0071, 0089-0090 & Fig. 6, UE transmits (updated) UE assistance information message including traffic-related information to the base station for sidelink activation) and second information on at least one of the plurality of carriers ((Jin: paragraphs 0096-0097, SPS index indicating carriers); and
receive a message for the SPS configuration from the base station (Jin: paragraph 0090, eNB transmits a sidelink SPS signal to the UE on the basis of the information received from the UE);
wherein the first information on the SPS configuration is transmitted upon a change of traffic patterns (Jin paragraph 0089, when information on specific SPS traffic is changed, detects the change and reflects the changed traffic information in the UE assistance information); and
wherein the first information on the SPS configuration includes at least one of a periodicity, an offset of traffic, or a list of frequencies of the carriers (Jin: paragraph 0090 & Fig. 6, changed information includes traffic periodicity, offset).
Although Jin teaches the SPS configuration or operation is applied in a V2X system (Jin: paragraph 0072 & Figs. 5-6) Jin fails to explicitly teach selecting at least one carrier based on the result of a channel busy radio (CBR) measurement performed on carriers for a carrier aggregation (CA) operation in the vehicle to everything (V2X) communication. However, Tang from an analogous art similarly teaches a terminal device selects transmission carriers or carriers having a small CBR based on the measured CBR of the carriers (Tang: paragraphs 0098-0099; see also paragraphs 0079-0083 selection of carriers for sidelink transmission from plurality of carriers) and further teaches carrier aggregation in V2X communication (Jin: paragraphs 0006-0009).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jin to include the selection of resources or carriers based on CBR for sidelink transmission as taught by Tang so as to reduce congestion or interference in sidelink communications between devices.
Regarding Claim 45, Jin-Tang teaches the respective claim(s) as presented above and further suggests receive a radio resource control (RRC) message including the SPS configuration from the base station (Jin: paragraph 0084 & Fig. 6, UE receives SPS-related configuration information from the eNB through RRC message).
Regarding Claim 46, Jin-Tang teaches the respective claim(s) as presented above and further suggests wherein the first information is included in user equipment (UE) assistance information (Jin: paragraphs 0071, 0089-0090 & Fig. 6, UE assistance information message).
Regarding Claim 47, Jin-Tang teaches the respective claim(s) as presented above and further suggests wherein the first information is included in user equipment (UE) assistance information (Jin: paragraphs 0071, 0089-0090 & Fig. 6, UE assistance information message).
Regarding Claim 48, Jin-Tang teaches the respective claim(s) as presented above and further suggests wherein the first information on the SPS configuration is determined to use for the at least one carrier (Jin: paragraphs 0088-0089 & 0097, SPS index indicating carriers).
Response to Arguments
Applicants' arguments:
a) Jin-Tang alone or in combination fails to teach transmitting first information on SPS configuration since the assistance information of Jin merely reports information on the changed traffic without transmitting configuration information related to sidelink communication (remarks, page 9).
b) Jin-Tang alone or in combination fails to teach transmitting second information regarding a plurality of carriers (remarks, page 10).
Examiner’s response:
Applicant's arguments filed 04/16/2025 have been fully considered but they are not persuasive.
Regarding argument a), as previously presented, Jin teaches the UE may help the eNB in configuring and activating the SPS by transmitting a UE assistance information RRC message including traffic-related information including preferred period and/or offset. The control message may be used to provide information for the sidelink SPS and information of uplink SPS (Jin: paragraphs 0071 & 0086-0090). Jin further teaches the UE transfers an updated UE assistance information message to the eNB after changes to the traffic and the eNB transmits a sidelink SPS activation/deactivation signal to the UE on the basis of the information received from the UE (Jin: paragraphs 0089-0090). Examiner notes since the UE assistance information or control message includes additional traffic-related information comprising at least a preferred period and/or offset and the activation of resources are specifically determined based on the information received, Jin similarly teaches a UE or communication node transmitting first information of SPS configuration that is related to sidelink communication. Since Jin teaches updating UE assistance information to allocate and control resource based on changes to traffic patterns, Jin similarly teaches sending changed or updated SPS configuration via the UE assistance information to the eNB. As previously stated, Examiner notes there would be no need for the UE to decide and send control information or updated UE assistance information comprising preferred period and/or offset information if there is no changes to the SPS configuration information that is being transmitted by the UE assistance information. Thus the updated UE Assistance information comprising traffic related information including preferred period and/or offset based on changes in traffic reflects an update to SPS configuration that is provided by the UE therefore similarly teaching transmitting first information on SPS configuration.
Regarding argument b), after review of the prior art(s), Jin further teaches the SL SPS confirmation MAC CE includes a new LCID and the corresponding payload includes an uplink SPS index. If the sidelink SPS operation in the SCell is indicated due to introduction of carrier aggregation, an index indicating the corresponding serving cell may be included (Jin: paragraphs 0096-0097). As previously stated, Jin teaches the UE transfers an updated UE assistance information message to the eNB, and the eNB transmits a sidelink SPS activation/deactivation signal to the UE on the basis of the information received from the UE (UE assistance information or SL SPS confirmation) (Jin: paragraph 0090). Examiner notes since Jin teaches an SPS index may be transmitted to the base station based on traffic changes and/or carrier aggregation to further indicate which SPS resources are to be activated and/or deactivated, Jin similarly teaches the UE provides second information or carrier information used to identify, configure and/or activate SPS resource allocations.
Thus the rejection(s) of claims 29 and 43 and respective dependent claims is determined to be proper and is therefore maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chae et al. (US 2021/0051630 A1) teaches a UE may select a plurality of resources from two or more frequency resources and transmit a sidelink signal based on the plurality of selected resources (paragraph 0122).
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/NAJEEB ANSARI/Examiner, Art Unit 2463
/SYED ALI/ Primary Examiner, Art Unit 2463