DETAILED ACTION
CONTINUED EXAMINATION UNDER 37 CFR 1.114
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 4, 2025, has been entered.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
3. Applicant’s arguments, December 4, 2025, regarding rejection of claims 1, 6, 21, 24-26, and 32-37 under 35 U.S.C. 103 have been considered but are moot because the arguments do not apply to any combination of the references being used in the current rejection. Examiner has applied Bhushan ‘883 (US 10,880,883) to clearly teach the amended limitations in claims 1, 6, 21, 24-26, and 32-37.
Claim Objections
4. Claims 1, 24, and 34 are objected to because of the following informalities:
“Resources selected by the second terminal device" in claim 1 (line 18-19), claim 24 (line 19-20), and claim 34 (line 17-18) should be replaced with - - the resources selected by the second terminal device - - to be consistent with the first citation of “resources selected by the second terminal device” in claim 1 (line 15-16), claim 24 (line 17), and claim 34 (line 15), respectively.
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 1, 21, 24, 26, 34, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Hou ‘518 (US 2022/0256518, “Hou ‘518”), in view of Tenny ‘991 (US 2021/0314991, “Tenny ‘991”; Tenny ‘991 was filed on January 8, 2020, claiming priority to US provisional application 62/790595 filed on January 10, 2019, and thus Tenny ‘991 was effectively filed before the claimed invention; further, the US provisional application 62/790595 fully supports all citations made in the rejection from the Tenny ‘991 reference), further in view of Sartori ‘408 (US 2016/0073408, “Sartori ‘408”), and further in view of Bhushan ‘883 (US 10,880,883, “Bhushan ‘883”).
Regarding claims 1, 24, and 34, Hou ‘518 discloses a terminal device (FIG. 22, para 147-148; smart phone 900), comprising:
at least one processor (FIG. 22, para 147-148; processor 901); and
a non-transitory memory storing instructions that, when executed by the at least one processor, cause the terminal device to perform operations (FIG. 22, para 147-148; memory 902 that stores a program executed by the processor) including:
determining resources reserved by at least one other terminal device for sidelink transmission, the resources reserved by the at least one other terminal device being a first subset of resources from a resource pool (FIG. 13, para 94 and 127; UE that is a smart phone determines resources that are reserved by other UEs for sidelink transmission, where the resources are part of a pre-configured resource pool);
determining preferred resources based on the resources reserved by the at least one other terminal device and the resource pool, the preferred resources being a second subset of resources from the resource pool, and the second subset of resources having no overlap with the first subset of resources (FIG. 13, para 94; UE determines remaining resources in the pre-configured resource pool by excluding the resources reserved by the other UEs; the UE selects resources to use for data transmission out of the remaining resources that do not overlap with the excluded reserved resources; the remaining resources read on preferred resources).
However, Hou ‘518 does not specifically disclose transmitting a resource indication message to the second terminal device on a sidelink, wherein the resource indication message indicates the preferred resources, and the preferred resources are provided to the second terminal device for resource selection; resources selected by the second terminal device, the resources selected by the second terminal device being a subset of the preferred resources; and receiving data sent by the second terminal device on resources selected by the second terminal device based on the preferred resources.
Tenny ‘991 teaches transmitting a resource indication message to the second terminal device on a sidelink, wherein the resource indication message indicates the preferred resources (para 5 and 9; scheduled UE receives a configuration message from a scheduling UE, indicating available resources for sidelink communication; scheduling UE reads on a terminal device, scheduled UE reads on a second terminal device, and available resources for sidelink communication read on preferred resources), and
the preferred resources are provided to the second terminal device for resource selection (para 5 and 9; scheduled UE selects resources from the indicated available resources and transmits sidelink buffer status report (BSR) data to the scheduling UE using the selected resources; thus, the available resources are indicated to the scheduled UE for resource selection);
resources selected by the second terminal device, the resources selected by the second terminal device being a subset of the preferred resources (para 5 and 9; scheduled UE selects resources from the indicated available resources in the resource pool, and transmits sidelink BSR data to the scheduling UE using the selected resources; thus, the selected resources are a subset of the indicated available resources); and
receiving data sent by the second terminal device on resources selected by the second terminal device based on the resources selected (para 5 and 9; the scheduled UE selects resources from the indicated available resources in the resource pool, and transmits sidelink BSR data to the scheduling UE using the selected resources; thus, the scheduling UE receives sidelink BSR data sent by the scheduled UE on the selected resources, based on the indicated available resources).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hou ‘518’s terminal that determines preferred resources based on resources reserved by another terminal, to include Tenny ‘991’s UE that receives a configuration message indicating available resources for sidelink communication. The motivation for doing so would have been to provide a method for selection of resources for sidelink BSR transmission (Tenny ‘991, para 2 and 5).
Although Hou ‘518 in combination with Tenny ‘991 discloses resources selected by the second terminal device, the resources selected by the second terminal device being a subset of the preferred resources, Hou ‘518 in combination with Tenny ‘991 does not specifically disclose receiving an indication of resources selected.
Sartori ‘408 teaches receiving an indication of resources selected (para 6 and 29; UE transmits a sidelink control information (SCI) message that carries a resource scheduling assignment, for the resources allocated for sidelink communication; the UE transmits the resource scheduling assignment to another UE; the resource scheduling assignment reads on resources selected).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add features to the combined method of the terminal of Hou ‘518 and Tenny ‘991, to include Sartori ‘408’s UE that transmits the resource scheduling assignment to another UE. The motivation for doing so would have been to address a problem of interference when different types of communication links share a communication resource (Sartori ‘408, para 5).
Although Hou ‘518 in combination with Tenny ‘991 and Sartori ‘408 discloses determining preferred resources based on the resources reserved by the at least one other terminal device and the resource pool, the preferred resources being a second subset of resources from the resource pool, and the second subset of resources having no overlap with the first subset of resources, Hou ‘518 in combination with Tenny ‘991 and Sartori ‘408 does not specifically disclose determining preferred resources for a second terminal device different from the at least one other terminal device.
Bhushan ‘883 teaches determining preferred resources for a second terminal device different from the at least one other terminal device (FIG. 13, col. 24:55-67 and 25:1-21; a base station determines a reserved set of wireless resources for a first type communication with a first type of UE, and determines a remaining set of resources for a second type communication with a second type of UE; the base station allocates a subset of the remaining resources for the second type communication with the second type of UE; the subset of the remaining resources for the second type of UE reads on preferred resources; the second type of UE is different from the first type of UE, and reads on a second terminal device different from the at least one other terminal device).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add features to the combined method of the terminal of Hou ‘518, Tenny ‘991, and Sartori ‘408, to include Bhushan ‘883’s base station that determines a remaining set of resources for a second type communication with a second type of UE. The motivation for doing so would have been to provide flexibility in allocation of resources of a wireless communications network based on different mobile devices based on the service and/or the type of service to be provided to the different mobile devices (Bhushan ‘883, col. 1:49-62).
Regarding claims 21, 26, and 37, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 discloses all the limitations with respect to claims 1, 24, and 34, respectively, as outlined above.
Further, Hou ‘518 teaches wherein the determining the preferred resources comprises: determining the preferred resources by excluding the resources reserved by the at least one other terminal device from the resource pool (FIG. 13, para 94; UE determines remaining resources in the pre-configured resource pool by excluding the resources reserved by the other UEs; the UE selects resources to use for data transmission out of the remaining resources; thus, the UE determines preferred resources for selecting resources to use for data transmission, by excluding resources reserved by the other UEs).
7. Claims 6 and 36 is rejected under 35 U.S.C. 103 as being unpatentable over Hou ‘518, in view of Tenny ‘991, further in view of Sartori ‘408, further in view of Bhushan ‘883, and further in view of Zhang ‘511 (US 2021/0218511, “Zhang ‘511”).
Regarding claims 6 and 36, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 discloses all the limitations with respect to claims 1 and 34, respectively, as outlined above.
However, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 does not specifically disclose wherein the resource indication message further comprises an indication of a priority level, and wherein the priority level comprises: a priority level of a data packet; or a priority level of a user equipment (UE).
Zhang ‘511 teaches wherein the resource indication message further comprises an indication of a priority level, and wherein the priority level comprises: a priority level of a data packet (para 115; a field in PSCCH indicates priority level of a data packet; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); or a priority level of a user equipment (UE).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add features to the combined method of the terminal of Hou ‘518, Tenny ‘991, Sartori ‘408, and Bhushan ‘883, to include Zhang ‘511’s indication of a priority level of a data packet. The motivation for doing so would have been to address a way to perform HARQ-ACK and CSI feedback in NR V2X (Zhang ‘511, para 10).
8. Claims 25, 32-33, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Hou ‘518, in view of Tenny ‘991, further in view of Sartori ‘408, further in view of Bhushan ‘883, and further in view of 3GPP ‘015 (Kyocera, "Sidelink Physical Layer Structure", R1-1909015, 3GPP TSG RAN WG1 #98, Prague, Czech Republic, August 26th – 30th, 2019, “3GPP ‘015”).
Regarding claims 25 and 32, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 discloses all the limitations with respect to claim 24 and 1, respectively, as outlined above.
However, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 does not specifically disclose wherein the resource indication message is sent in a second stage of a sidelink control information (SCI) message.
3GPP ‘015 teaches wherein the resource indication message is transmitted in a second stage of a sidelink control information (SCI) message (Sections 2.1-2.3, Table 1, last row; indication of a reserved resource forwarded by a transmitter UE is sent in a second stage of the SCI).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add features to the combined terminal of Hou ‘518, Tenny ‘991, Sartori ‘408, and Bhushan ‘883, to include 3GPP ‘015’s indication of frequency/time resources that is sent in a second stage of the SCI. The motivation for doing so would have been to address technical solutions for NR sidelink and advanced V2X services (3GPP ‘015, Introduction, lines 1-2).
Regarding claim 33, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 discloses all the limitations with respect to claim 1, as outlined above.
However, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 does not specifically disclose wherein the resource indication message is sent in a first stage of a sidelink control information (SCI) message.
3GPP ‘015 teaches wherein the resource indication message is sent in a first stage of a sidelink control information (SCI) message (Sections 2.1-2.3, Table 1, first row; indication of frequency/time resource location of the initial transmission is sent in a first stage of the SCI).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add features to the combined terminal of Hou ‘518, Tenny ‘991, Sartori ‘408, and Bhushan ‘883, to include 3GPP ‘015’s indication of frequency/time resource location of the initial transmission that is sent in a first stage of the SCI. The motivation for doing so would have been to address technical solutions for NR sidelink and advanced V2X services (3GPP ‘015, Introduction, lines 1-2).
Regarding claim 35, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 discloses all the limitations with respect to claim 34, as outlined above.
However, Hou ‘518 in combination with Tenny ‘991, Sartori ‘408, and Bhushan ‘883 does not specifically disclose wherein the resource indication message is sent in a first stage or a second stage of a sidelink control information (SCI) message.
3GPP ‘015 teaches wherein the resource indication message is sent in a first stage or a second stage of a sidelink control information (SCI) message (Sections 2.1-2.3, Table 1, last row; indication of a reserved resource forwarded by a transmitter UE is sent in a second stage of the SCI; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add features to the combined terminal of Hou ‘518, Tenny ‘991, Sartori ‘408, and Bhushan ‘883, to include 3GPP ‘015’s indication of a reserved resource forwarded by a transmitter UE that is sent in a second stage of the SCI. The motivation for doing so would have been to address technical solutions for NR sidelink and advanced V2X services (3GPP ‘015, Introduction, lines 1-2).
Conclusion
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/NEVENA ZECEVIC SANDHU/Examiner, Art Unit 2474
/HABTE MERED/Primary Examiner, Art Unit 2474