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 February 4, 2026 have been fully considered but they are moot in view of the new grounds of rejection.
Applicant asserts that paragraph [194] of Applicant’s Specification supports the claim limitation “wherein transmit power for the plurality of sidelink transmissions is not reduced.” Applicant argues that paragraph [0094]’s disclosure that power is preferentially allocated to SL transmissions and then remaining power is allocated to UL transmissions, means that whatever power is available will be allocated to sidelink transmissions and that any necessary reduction will be taken from uplink transmission. However, the examiner respectfully disagrees with applicant’s arguments. “Preferentially” allocating “whatever power is available” to SL transmissions is not the same as “transmit power for the plurality of sidelink transmissions is not reduced,” as recited in the claims. The amount of power available for allocation to a set of transmissions is not a fixed quantity. Therefore, an amount of power available for allocation to a set of transmissions may decrease below a previous amount of transmit power allocated to SL transmissions even if it is preferentially allocated. Additionally, the number of SL transmissions is also not a fixed quantity. Therefore, even if the amount of power available for allocation to a set of SL transmissions remains the same, if the number of SL transmissions increases, then the available power for each SL transmission would be reduced.
The Examiner further notes that Applicant’s original Specification does not appear to disclose that the transmission power of lower priority SL transmissions is not reduced while the power of relatively higher priority UL transmission is reduced.
Applicant further asserts that, in the claims, SL transmissions are treated as a single group and are allocated transmit power on a group basis, prior to the UL transmission. However, the claims do not recite that limitation. The claims recite “reducing transmit power for an uplink transmission” and “wherein transmit power for the plurality of sidelink transmissions is not reduced.” Reducing UL transmit power while not reducing SL transmit power is not the same as allocating transmit power to SL transmissions on a “group” basis. Claim 21 does not recite any limitation regarding allocating power to SL transmissions, let alone allocating on a “group” basis. The only limitation recited in claim 21, regarding the power of SL transmissions, is that the transmit power is not reduced.
Applicant further asserts that the present claims recite that, as long as one SL transmission has a higher priority than the UL transmission, then the transmit power for lower priority SL transmissions is not reduced. However, the claims do not recite that any SL transmission has lower priority than the UL transmission.
Applicant further asserts that the claims are allegedly patentable because the cited references do not disclose that SL transmissions are treated as a single group and are allocated transmit power on a group basis, even when priorities of some of the plurality of SL transmissions are lower than a priority of a UL transmission. However, as discussed above, the claims do not recite those limitations. Rather, the claims require that “at least one priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission” and “reducing transmit power for an uplink transmission” and that the “transmit power for the plurality of sidelink transmissions is not reduced.”
Wang discloses, for example in paragraph [0019], priority of a V2X channel of a first type is higher than the Uu uplink channel, and in paragraph [0097], that one or more V2X services have the highest priority. A V2X channel of a first type is higher than the Uu uplink channel is “at least one priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission.”
Wang discloses, for example 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, so that the sum of the transmission power does not exceed a maximum transmission power. Adjusting an UL transmission power with a lower priority is “reducing transmit power for an uplink transmission,” while assigning the SL transmission power with a higher priority first, while adjusting only the UL transmit power, means the SL transmission power would not be reduced.
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 21-24 and 29-35 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, 34 and 35 recite “wherein transmit power for the plurality of sidelink transmissions is not reduced.” This combination of limitations does not appear to be disclosed in Applicant’s original Specification.
Applicant further asserts that paragraph [194] of Applicant’s Specification supports the claim limitation “wherein transmit power for the plurality of sidelink transmissions is not reduced.” However, the examiner respectfully disagrees with applicant’s arguments, as discussed above.
Dependent claims 22-24 and 29-33 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.
Claim(s) 21-24, 29-32 and 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2019/0253977) in view of MEDIATEK INC. Physical layer procedures for sidelink. R1-1908401, 3GPP TSG RAN WG1 #98. Prague, CZ. 17 August 2019 (cited in Applicant’s IDS filed on April 15, 2022) (Hereafter, R1-1908401).
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);
reducing transmit power for an uplink transmission, based on one priority related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission, 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),
wherein transmit power for the plurality of sidelink transmissions is not reduced (Wang, 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); 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).
Wang does not explicitly disclose at least one priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission.
R1-1908401 discloses at least one priority among a plurality of priorities related to the plurality of sidelink transmissions being higher than a priority related to the uplink transmission (R1-1908401, page 41, PSFCH may have 5 types of priorities with highest priority).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to reduce transmit power for a lower-priority uplink transmission while not reducing power for a plurality of sidelink transmissions that have a plurality of highest priorities, in the invention of Wang. The motivation to combine the references would have been to increase reliability of higher priority transmissions.
Regarding claim 22, Wang in view of R1-1908401 discloses the method of claim 21, wherein transmit power is preferentially allocated to the plurality of sidelink transmissions, based on the at least one priority among the plurality of priorities related to the plurality of sidelink transmissions being higher than the priority related to the uplink transmission (Wang, 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).
Regarding claim 23, Wang in view of R1-1908401 discloses the method of claim 22, wherein among transmit power related to the first apparatus, remaining transmit power excluding the transmit power preferentially allocated to the plurality of sidelink transmissions is allocated to the uplink transmission (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).
Regarding claim 24, Wang in view of R1-1908401 discloses the method of claim 22, wherein transmit power is allocated to each of the plurality of sidelink transmissions, and wherein a priority related to one sidelink transmission among the plurality of sidelink transmissions is lower than the priority related to the uplink transmission (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).
Regarding claim 29, Wang in view of R1-1908401 discloses the method of claim 21, 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 30, Wang in view of R1-1908401 discloses the method of claim 22, wherein transmit power is equally allocated to the plurality of sidelink transmissions (Wang, paragraph [0019], priority of a V2X channel of a first type is higher than or equal to the Uu uplink channel and the priority of a V2X channel of a second type is lower than or equal to 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).
Regarding claim 31, Wang in view of R1-1908401 discloses the method of claim 21, 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 in view of R1-1908401 discloses the method of claim 21, 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 MEDIATEK INC. Physical layer procedures for sidelink. R1-1908401, 3GPP TSG RAN WG1 #98. Prague, CZ. 17 August 2019 (cited in Applicant’s IDS filed on April 15, 2022) (Hereafter, R1-1908401), and further 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 in view of R1-1908401 discloses the method of claim 21,
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 in view of R1-1908401 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 a person of ordinary skill in the art, before the effective filing date of the claimed invention, to give PSFCH transmissions the same priority as the corresponding PSSCH, in the invention of Wang. The motivation to combine the references would have been to increase the probably that PSFCH transmissions are correctly received.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. (US 20210360648) discloses methods, systems, and devices for determining priority of transport channels and transmission signals. Some embodiments can be used in wireless communication embodiments in which multiple uplink transport channels or transmission signals need to be concurrent transmitted, such as in dual-connectivity mode, where the determined priority can be used to preferentially allocate uplink transmit power to higher priority transport channels and transmission signals.
Lee et al. (US 20190075548) discloses in case the ‘WAN uplink transmission’ and the ‘V2X message transmission’ are transmitted to (partially or fully) overlap one another within different carriers, this may also be interpreted as the transmission gap assigning(/distributing) transmission power having a relatively higher priority level to the V2X message transmission as compared to the WAN uplink transmission. In case of applying the above-described rule, by assigning(/distributing) a low V2X message transmission related transmission power, the problem of performance degradation in the V2X communication (or public safety (PS) communication) may be resolved.
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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/ALAN L LINDENBAUM/Examiner, Art Unit 2466 /OUSSAMA ROUDANI/Primary Examiner, Art Unit 2413
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