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 .
Response to Arguments
Applicant's arguments filed August 3, 2026 have been fully considered but they are not persuasive.
Applicant asserts that the amended claim limitations recited in claim 21, “preferentially allocating transmit power to the plurality of sidelink transmissions, based on at least one first priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission and at least one second priority other than the at least one first priority among the plurality or priorities not being higher than the priority; allocating remaining transmit power of the maximum transmit power, excluding the transmit power preferentially allocated to the plurality of sidelink transmissions, to the uplink transmission based on the one first priority being higher than the priority and the at least one second priority not being higher than the priority,” are supported by paragraphs 160 and 203 of Applicant’s Specification. However, Applicant’s original Specification does not disclose that [decisions about] power allocation are based on … a second sidelink priority being lower than the uplink transmission priority.” In the process disclosed in the specification (particularly paragraphs 160 and 203), the [decision process for] power allocation is based only on a first [highest] sidelink priority being higher than an uplink transmission priority. In the disclosed embodiment, the second sidelink priority is not compared to the uplink transmission priority at all, and the fact that a second sidelink priority could be lower than the uplink transmission priority does not factor into the power allocation decision process at all.
Applicant further asserts that claim 21 is patentable because Wang allegedly does not disclose “preferentially allocating transmit power to the plurality of sidelink transmissions, based on at least one first priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission and at least one second priority other than the at least one first priority among the plurality or priorities not being higher than the priority; allocating remaining transmit power of the maximum transmit power, excluding the transmit power preferentially allocated to the plurality of sidelink transmissions, to the uplink transmission, based on the one first priority being higher than the priority and the at least one second priority not being higher than the priority, such that the total transmit power related to the first apparatus does not exceed the maximum transmit power of the first apparatus,” because paragraphs [0018], [0019] and [0021] of Wang only disclose a “strict priority-by-priority scheme, the first-type V2X service (highest priority) is allocated power first, followed by the UL transmission, and finally, the second-type V2X service (lowest priority) is adjusted/reduced.” However, while Wang discloses in paragraph [0021], that both the Uu uplink transmission and the V2X transmission in the subframe at the same time, assigning transmission power according to a priority policy, assigning the transmission power with a higher priority first and adjusting the transmission power with a lower priority, Wang additionally discloses that the priority policy for assigning transmission power may include, in Fig. 4, step 402-3, reserving power for the V2X transmission; and in paragraph [0124], that power is reserved for V2X transmission, and Pg cannot distinguish the type of V2X services, so only one Pg is configured for V2X transmission; and in paragraph [0127], that power reserved for Uu transmission Pu cannot distinguish the type of V2X services, so only on Pu is configured for Uu transmission). Accordingly, in the embodiments of Wang disclosed in paragraphs [0021], [0124] and [0127], the priority policy for assigning transmission power when V2X sidelink has a higher priority than Uu uplink, is that power is reserved for all the V2X sidelink transmissions without distinguishing between individual V2X priorities and then the power for the Uu uplink is determined.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21, 29 and 31-35 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 21 recites “preferentially allocating transmit power to the plurality of sidelink transmissions, based on at least one first priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission and at least one second priority other than the at least one first priority among the plurality or priorities not being higher than the priority; allocating remaining transmit power of the maximum transmit power, excluding the transmit power preferentially allocated to the plurality of sidelink transmissions, to the uplink transmission based on the one first priority being higher than the priority and the at least one second priority not being higher than the priority.”
Applicant’s original Specification does not disclose that [decisions about] power allocation are based on … a second sidelink priority being lower than the uplink transmission priority.”
In the process disclosed in the specification (particularly paragraphs 160 and 203), the [decision process for] power allocation is based only on a first [highest] sidelink priority being higher than an uplink transmission priority. In the disclosed embodiment, the second sidelink priority is not compared to the uplink transmission priority at all, and the fact that a second sidelink priority could be lower than the uplink transmission priority does not factor into the power allocation decision process at all.
Claims 34 and 35 are rejected for substantially the same reasons as claim 21.
Dependent claims 29 and 31-33 are rejected because they depend from claim 21.
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) 21, 29, 31-32 and 34-35 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Wang et al. (US 2019/0253977).
Regarding claim 21, Wang discloses a method (Wang, paragraph [0001], wireless communication device) comprising:
determining that an uplink transmission overlaps a plurality of sidelink transmissions over a time period (Wang, paragraph [0015], assigning transmission power according to the circumstance that both the Uu uplink transmission and the V2X transmission in the subframe at the same time; paragraph [0019], priority of a V2X channel of a first type is higher than the Uu uplink channel and the priority of a V2X channel of a second type is lower than the Uu uplink channel) and that total transmit power related to a first apparatus exceeds maximum transmit power of the first apparatus (Wang, paragraph [0018], assigning transmission power when the transmission power of the UE is limited; paragraph [0021], both the Uu uplink transmission and the V2X transmission in the subframe at the same time, assigning transmission power according to a priority policy, assigning the transmission power with a higher priority first and adjusting the transmission power with a lower priority, so that the sum of the transmission power does not exceed a maximum transmission power; paragraph [0097], there are 8 kinds of priorities, one or more V2X services have the highest priority, other V2X services have a second priority);
preferentially allocating transmit power to the plurality of sidelink transmissions, based on at least one first priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission and at least one second priority other than the at least one first priority among the plurality or priorities not being higher than the priority (Wang, Fig. 4, step 402-3 reserving power for the V2X transmission; paragraph [0018], assigning transmission power when the transmission power of the UE is limited; paragraph [0019], priority of a V2X channel of a first type is higher than the Uu uplink channel and the priority of a V2X channel of a second type is lower than the Uu uplink channel; paragraph [0021], both the Uu uplink transmission and the V2X transmission in the subframe at the same time, assigning transmission power according to a priority policy, assigning the transmission power with a higher priority first and adjusting the transmission power with a lower priority, so that the sum of the transmission power does not exceed a maximum transmission power; paragraph [0124], power reserved for V2X transmission Pg cannot distinguish the type of V2X services, so only one Pg is configured for V2X transmission; paragraph [0126], Pu may be fixed to be 0; paragraph [0127], power reserved for Uu transmission Pu cannot distinguish the type of V2X services, so only on Pu is configured for Uu transmission);
allocating remaining transmit power of the maximum transmit power, excluding the transmit power preferentially allocated to the plurality of sidelink transmissions, to the uplink transmission, based on the one first priority being higher than the priority and the at least one second priority not being higher than the priority, such that the total transmit power related to the first apparatus does not exceed the maximum transmit power of the first apparatus (Wang, paragraph [0018], assigning transmission power when the transmission power of the UE is limited; paragraph [0019], priority of a V2X channel of a first type is higher than the Uu uplink channel and the priority of a V2X channel of a second type is lower than the Uu uplink channel; paragraph [0021], both the Uu uplink transmission and the V2X transmission in the subframe at the same time, assigning transmission power according to a priority policy, assigning the transmission power with a higher priority first and adjusting the transmission power with a lower priority, so that the sum of the transmission power does not exceed a maximum transmission power; paragraph [0097], one or more V2X services have the highest priority; paragraph [0124], power reserved for V2X transmission Pg cannot distinguish the type of V2X services, so only one Pg is configured for V2X transmission; paragraph [0126], Pu may be fixed to be 0; paragraph [0127], power reserved for Uu transmission Pu cannot distinguish the type of V2X services, so only on Pu is configured for Uu transmission); and
transmitting the uplink transmission in an uplink carrier and the plurality of sidelink transmissions in a sidelink carrier simultaneously (Wang, paragraph [0021], both the Uu uplink transmission and the V2X transmission in the subframe at the same time).
Regarding claim 29, Wang discloses wherein a frequency region related to the uplink transmission is different from a frequency region related to the plurality of sidelink transmissions (Wang, Figs. 5-20, Uu uplink carriers and V2X carriers).
Regarding claim 31, Wang discloses wherein transmit power required for the plurality of sidelink transmissions is one of allowable power configured in a frequency region related to the plurality of sidelink transmissions or the maximum transmit power of the first apparatus (Wang, Figs. 5-20, Uu uplink carriers and V2X carriers; paragraph [0030], when the power required by the transmission with the higher priority exceeds the power reserved, assigning the power required by the transmission and dropping the transmission with the lower priority).
Regarding claim 32, Wang discloses wherein transmit power required for the plurality of sidelink transmissions is configured based on transmit power required for a sidelink transmission with a highest priority among the plurality of priorities (Wang, Figs. 5-20, Uu uplink carriers and V2X carriers; paragraph [0030], when the power required by the transmission with the higher priority exceeds the power reserved, assigning the power required by the transmission and dropping the transmission with the lower priority).
Claims 34 and 35 are rejected under substantially the same rationale as claim 21. Wang does explicitly disclose one or more processors, one or more transceivers; and one or more memories connected to the one or more processors and storing instructions, wherein the one or more instructions, based on being executed by the one or more processors, cause the first apparatus. However, the Examiner takes official notice that it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the invention of Wang using one or more memories storing instructions; one or more transceivers; and one or more processors connected to the one or more memories and the one or more transceivers, wherein the one or more processors execute the instructions. The motivation to combine the references would have been to implement the invention of Wang according to well known conventions.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2019/0253977) in view of QUALCOMM INCORPORATED. Physical Layer Procedures for Sidelink. Rl-1911110, 3GPP TSG RAN WGl Meeting #98bis. Chongqing, China. 08 October 2019 (cited in Applicant’s IDS filed on April 15, 2022) (Hereafter, R1-1911110).
Regarding claim 33, Wang discloses wherein each of the plurality of priorities related to the plurality of sidelink transmissions is a priority of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH) related to each of the plurality of sidelink transmissions (Wang, paragraph [0019], priority of a PSSCH and PSCCH).
Wang does not explicitly wherein the plurality of sidelink transmissions are a plurality of physical sidelink feedback channel (PSFCH) transmissions, and wherein a priority related to the plurality of PSFCH transmissions is a priority of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH) related to the plurality of PSFCH transmissions.
R1-1911110 discloses wherein the plurality of sidelink transmissions are a plurality of physical sidelink feedback channel (PSFCH) transmissions, and wherein a priority related to the plurality of PSFCH transmissions is a priority of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH) related to the plurality of PSFCH transmissions (R1-1911110, page 6, Section 4, PSFCH transmissions can be given the same priority as the corresponding PSSCH).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features taught by R1-1911110 into the system of Wang in order to improve performance and allow for efficient and reliable communication (R1-1911110; page 6, lines 2-3).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu et al. (US 20220346118) discloses that in LTE V2X, when the uplink transmission and the sidelink transmission of the same UE overlap, if the priority of the PSSCH of the sidelink transmission is higher than a priority threshold, if the uplink and the sidelink use different carriers, the TX UE reduces the power of the uplink transmission of the overlapping area so that the total transmit power of the uplink transmission and the sidelink transmission does not exceed the maximum transmit power.
Wang et al. (US 20220110069) discloses that when the uplink information overlaps with the sidelink information in time domain, and the target information that is in the sidelink information and that overlaps with the uplink information in time domain includes one piece of information, power control may be performed on this type of information and the uplink information based on the different priorities of the uplink transmission and the sidelink transmission, so that signal transmission performance can be improved.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN LOUIS LINDENBAUM whose telephone number is (571)270-3858. The examiner can normally be reached Monday through Friday 11:00 AM to 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Un Cho can be reached on (571) 272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.L.L/Examiner, Art Unit 2413
/UN C CHO/Supervisory Patent Examiner, Art Unit 2413
