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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/23/25 has been entered.
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 .
Applicant’s argument dated 12/23/25 has been fully considered but are moot in view new grounds of rejection.
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.
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.
Claims 15, 19-23, 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Gulati et al. U.S. Patent Application Publication No. 20200007247[herein after Gulati] in view of Kalhan et al U.S. Patent Application Publication No. 20170099689 [herein after Kalhan].
As per claim 15 and 23 Gulati discloses a method comprising:
obtaining, by user equipment (UE), information related to one or more candidate channels(see par.0037, 0049, 0054 where UE may transmitting UE may predict future channel conditions and may select transmission parameters (such as a precoder for a DFT beam, an SNR, etc. can be predicted by the transmitting UE);
transmitting, by the UE to a network through a first channel, channel state information related to the one or more candidate channel obtained base on sensing (see par. 0054, UE may predict channel condition or channel state );
receiving, by the UE from the network, information requesting a channel switching from first channel to a second channel (see par. 0054, 0059);
transmitting, by UE to the network, the second channel switched from the first channel, a message related to a state of the UE for safety service,(see par. 0037, 0053-0054 0059, where BSM message under certain radio propagation conditions, a transmitting UE may predict future channel conditions and may select transmission parameters (such as a precoder for a DFT beam, an SNR, etc. can be predicted by the transmitting UE. The prediction may be based, at least in part, on information from a BSM. (that is selecting a second channel or preferred channel with preferred transmission parameter (such channel condition and UE location. In this way UE determine and to apply a predictive link adaptation to select a second channel)
Here, even though Gulati discloses as illustrated( pars. 0037, 0053-0054 0059, where BSM message under certain radio propagation conditions, a transmitting UE may predict future channel conditions and may select transmission parameters (such as a precoder for a DFT beam, an SNR, etc. can be predicted by the transmitting UE. The prediction may be based, at least in part, on information from a BSM. (that is selecting a second channel or preferred channel with preferred transmission parameter (such channel condition and UE location ) in this way UE determine and to apply a predictive link adaptation to select a second channel).
In the event it is not clear Gulati does not clearly wherein the second channel is selected from among the one or more candidate channels, based on (i) the second channel satisfying a channel state required for the safety service and (ii) the UE being located within a geographic area related to the safety service.
Kalhan discloses wherein, based on the second channel being with a channel state required for supporting the safety service within the geographic area, the second channel is selected among the at least one candidate channel(see pars. 0010, 0029).Therefore, it would have been obvious to one having ordinary skill in the art prior to effective failing date of the claimed to incorporate the teaching of Kalhan into the system of Gulati Thus, enabling UE device to select between a first channel and second channel communication link and a device-to-device (D2D) communication link for transmission for data from the transmitting UE device to a receiving UE device , such mechanism or techniques where the UE device selects the link require less signaling than techniques where the base station selects the communication link since the UE device must report information regarding the D2D communication link. For the examples herein, the UE device does not need to forward D2D channel information to the base station. In addition, as discussed below, the UE device may determine the cellular channel characteristics without specific information being provided by the base station.
As per claim 19, and 27 Gulati discloses the method of claim 15, wherein the second channel is a dedicated channel for the safety service of the UE(see par. 0053-0054 0059).
As per claim 20, and 28 Gulati discloses the method of claim 15, wherein based on the second channel being used with geographic area related to the safety service, a bandwidth of the second channel is configured to greater than a bandwidth of the first channel(see par. 0031).
As per claim 21, Klahan discloses the method of claim 15, wherein, based on an interference level related to the second channel being lowest among the one or more candidate channels, the second channel is determined to satisfy the channel state required for the safety service(see pars. 0010, 0029).
As per claim 22, and 30 Gulati discloses the method of claim 15, wherein the UE is a terminal of a vulnerable road user (VRU)(see par. 036).
Claims 16-17 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Gulati in view of Kalhan and further in view of Abraham et al. U.S. Patent Application Publication No. 2010/0248630[hereinafter Abraham].
As per claim 16 and 24 Gulati-Kalhan disclose substantially features of the claimed invention as discussed above with respect to 15 and 23 However,
Gulati-Kalhan does not explicitly disclose wherein the second channel is re-switched to the first channel from the second channel based on at least one of (i) an expiration of time-out, for use of the second channel , (ii) the UE being located outside the predetermined geographic area and (III) reception of release control information .
Abraham discloses a system for managing multiple channels in a wireless communication network, wherein the second channel is re-switched to the first channel from the second channel based on at least one of expiration of the time-out, out of the predetermined geographic area and reception of release control information (see fig. 8 and par.0079, 0093-0094). Therefore, it would have been obvious to one having ordinary skill in the art prior to effective failing date of the claimed to incorporate the teaching of Abraham into the system of Pan-KIM thus enabling identifying multiple stations and to which channels they should switch, thus allowing multiple STAs to be switched to appropriate channels. For example, if no data is received after the CTS NAV expires, the AP may consider the STA1 channel location to be VC1 and wherein , if no ACK is received and the NAV on VC1 has expired, the STA may assume the AP has returned/maintained the STA1 channel location to be VC1.
As per claim 17, and 25 Abraham discloses the method of claim 16, wherein the message related to the safety service of the UE includes information on time-out, and wherein, based on the expiration of the time-out, the UE transmits a message related to a state of the UE by switching from the second channel to the first channel. (see par. 0093-0095).
Conclusion
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466