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 1/27/2026 have been fully considered but they are not persuasive.
On page 9 of the Applicant’s Response, Applicant: “In essence, paragraphs [0124] to [0126] of Huang describe an initial relay discovery phase initiated by the source device. Since a candidate relay device has not yet been discovered at this initial relay discovery phase, the "relay discovery solicitation information" sent by the source device, which is considered equivalent to the "path selection request" in office Action, logically cannot contain identification information of a candidate relay node.“.
Examiner respectfully disagrees with Applicant’s argument. Huang discloses the source device sends a relay discovery solicitation information to a BS; the relay discovery solicitation information includes information about a solicited relay type, a solicited service identifier, a solicited service type (p125). Huang further defines relay type includes: UE-to-UE relay, UE-to-RSU relay, UE-to-network relay, UE type relay, RSU type relay, layer 2 relay or layer 3 relay. The information about the UE may be a layer 2 identifier or application layer user information. The information about the RSU may include one or a combination of: an RSU identifier, an RSU type, or a service identifier or type provided by the RSU (p126). Applicant argues that the UE and RSU in paragraph 126 refer back to the target UE and target RSU in paragraph 125; but the UE and the RSU in paragraph 126 refer back the UE and RSU in the different relay types in paragraph 126. Huang is consistent in defining information about a relay type as “The relay type includes: UE-to-UE relay, UE-to-RSU relay, UE-to-network relay, UE type relay, RSU type relay, layer 2 relay or layer 3 relay. The information about the UE may be a layer 2 identifier or application layer user information. The information about the RSU may include one or a combination of: an RSU identifier, an RSU type, or a service identifier or type provided by the RSU”; for example, paragraph 141 refers back to information about the relay type in paragraph 140. In this case there is no mention of a target UE or target RSU to mistakenly interpret the UE and the RSU for anything other than the UE and the RSU disclosed in paragraph 141, i.e. the UE and the RSU related to the relay types. Similar instances occur in paragraphs 42, 67, and 108.
Furthermore, Huang discloses in paragraph 116, the relay discovery solicitation information includes a solicited relay type, a solicited service identifier, a solicited service type, … information about an RSU of a relay device, information about a UE of the relay device or quality information about a PC5 link between the UE and each relay device. Huang discloses candidate relay nodes and the quality of the PC5 link to each relay device. Thus Huang discloses the source UE has prior knowledge of available relay nodes and their respectively link quality, and the source UE sends this information in the relay discovery solicitation information.
On page 9 of the Applicant’s Response, Applicant: “Thus, Huang also fails to disclose "the path selection request (transmitted to the network-side device) comprises a transmission parameter of a first transmission" as required by amended claim 1.“.
Examiner respectfully disagrees with Applicant’s argument. Huang discloses the relay discovery solicitation information sent to the BS includes information about solicited QoS (paragraph 125) where QoS information includes at least one of: PPPP information, QCI information, a low delay indication, or a delay requirement indication (paragraph 126). Any of these parameters reads on the limitation “transmission parameter of a first transmission”.
In view of the above discussions the rejection of claims 1-20 still stands.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 9, 12-15, 17, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Huang et al. (EP 3618391) (“Huang”).
For claims 1, 9, 17, and 20; Huang discloses: transmitting a path selection request to a network-side device, wherein the path selection request comprises identification information of a candidate relay node (paragraph 44, 116, 125-126: the source device sends relay discovery solicitation information to the base station so as to solicit the base station to assist the source device in performing a relay discovery operation... The information about the UE may be a layer 2 identifier or application layer user information. The information about the RSU may include one or a combination of: an RSU identifier, an RSU type, or a service identifier or type provided by the RSU) and a transmission parameter of a first transmission (paragraph 125-126: information about solicited QoS… The QoS information includes at least one of: PPPP information, QCI information, a low delay indication, or a delay requirement indication); receiving a response message transmitted by the network-side device (paragraph 128: the base station sends relay discovery assistance information to the UE according to the relay discovery solicitation information from the UE); receiving a response message transmitted by the network-side device, the response message comprising relay path indication information, the relay path indication information comprising configuration information of the candidate relay node (paragraph 129: information about an RSU of the relay device); and determining a target relay node (paragraph 133, 144: the base station sends relay selection configuration information to the source device. The relay selection configuration information is used for the source device to select the relay device…The source device autonomously selects a suitable relay device from the discovered relay devices to act as a relay device for relay forwarding for the source device) based on the configuration information of the candidate relay node and a transmission parameter of a first transmission (paragraph 129: information about a PC5 resource used for relay discovery or information about a PC5 resource used for communicating with the relay device) and using the target relay node to perform the first transmission (paragraph 136: the RSU or the U E works as the relay device and is subjected to a subsequent relay discovery operation).
For claims 2, 12, and 18; Huang discloses: wherein the target relay node is a relay node selected by the terminal from the candidate relay node based on the configuration information of the candidate relay node and the transmission parameter of the first transmission (paragraph 129: information about an RSU of the relay device) (paragraph 133, 144: the base station sends relay selection configuration information to the source device. The relay selection configuration information is used for the source device to select the relay device…The source device autonomously selects a suitable relay device from the discovered relay devices to act as a relay device for relay forwarding for the source device) (paragraph 129: information about a PC5 resource used for relay discovery or information about a PC5 resource used for communicating with the relay device).
For claims 3 and 13 ; Huang discloses: wherein the path selection request further comprises the transmission parameter of the first transmission; and the configuration information of the candidate relay node is determined by the network-side device based on the transmission parameter of the first transmission (paragraph 129: information about an RSU of the relay device) (paragraph 133, 144: the base station sends relay selection configuration information to the source device. The relay selection configuration information is used for the source device to select the relay device…The source device autonomously selects a suitable relay device from the discovered relay devices to act as a relay device for relay forwarding for the source device) (paragraph 129: information about a PC5 resource used for relay discovery or information about a PC5 resource used for communicating with the relay device).
For claims 4 and 14; Huang discloses: wherein the path selection request further comprises the transmission parameter of the first transmission; and the relay path indication information comprises the identification information of the target relay node, and the target relay node is a relay node selected by the network-side device from the candidate relay node based on the configuration information of the candidate relay node and the transmission parameter of the first transmission (paragraph 149-164: The relay selection solicitation information includes one or a combination of: information about a position where the source device is located, relay discovery indication information, information about a solicited relay 50 type, a solicited service identifier, a solicited service type, information about solicited QoS, information about a target RSU, information about a target UE, or information about a target group… Optionally, the base station may select a relay device suitable for performing relay forwarding for the source device from relay devices reported by the source device).
For claims 5 and 15; Huang discloses: wherein in a case that the number of relay nodes, in the candidate relay node, whose configuration information matches the transmission parameter of the first transmission is greater than 1, the relay path indication information comprises: identification information of a relay node that meets a preset condition among the relay nodes whose configuration information matches the transmission parameter of the first transmission, wherein the target relay node is the relay node that meets the preset condition; or an identification information list of the relay nodes whose configuration information matches the transmission parameter of the first transmission, wherein sorting of the identification information list matches a configuration priority sequence of the relay nodes, and the target relay node is a relay node selected by the terminal based on the sorting of the identification information list (paragraph 144: The source device autonomously selects a suitable relay device from the discovered relay devices to act as a relay device for relay forwarding for the source device, and if a plurality of relay devices satisfying the above conditions exist, the source device selects a relay device with the highest quality of the PC5 link between the source device and the relay device to act as the relay device).
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) 6, 10, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Gokturk et al. (US 2016/0081024) (“Gokturk”).
For claims 6, 10, and 19; Huang discloses the subject matter in claim 1 as described above in the office action.
Huang does not expressly disclose, but Gokturk from similar fields of endeavor teaches: in a case that the response message does not comprise the relay path indication information, using a direct path to perform the first transmission (paragraph 29: If the relay selection process ends up with failure, i.e., if there are no successfully received ACO packets at the end of the ACO-epoch, the source node reverts back to direct transmission). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the fallback as described by Gokturk in the relay selection as described by Huang. The motivation is to improve connection failure occurances.
Claim(s) 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Gokturk as applied to claim 6 above, and further in view of Merlin et al. (US 2013/0188542) (“Merlin”).
For claims 7 and 11; Huang discloses the subject matter in claim 1 as described above in the office action.
Huang does not expressly disclose, but Merlin from similar fields of endeavor teaches: wherein the using, in a case that the response message does not comprise the relay path indication information, a direct path to perform the first transmission comprises: in a case that the response message does not comprise the relay path indication information but comprises direct path indication information, using the direct path to perform the first transmission (paragraph 40-45: If a direct communication path is selected, the method 200 may include, at 220, sending a response message to the station 104 from the access point 102. For example, the access point 102 may determine (e.g., based on the determined data rates) that the direct communication path to the station 104 improves performance (e.g., provides low power consumption, high throughput, or low transmission time) of the station 104, and the access point 102 may transmit the response message to the station 104). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the signaling as described by Merlin in the relay selection as described by Huang. The motivation is to improve connection setup.
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Tseng et al. (US 2018/0054237) (“Tseng”).
For claims 8 and 16; Huang discloses the subject matter in claim 1 as described above in the office action. Huang discloses: wherein the transmission parameter of the first transmission comprises at least one of the following: an identifier of the first transmission; QoS required for the first transmission; NSSAI of the first transmission; an SSC mode of the first transmission; or a data network name (DNN) of the first transmission (paragraph 149-164: The relay selection solicitation information includes one or a combination of: information about a position where the source device is located, relay discovery indication information, information about a solicited relay 50 type, a solicited service identifier, a solicited service type, information about solicited QoS, information about a target RSU, information about a target UE, or information about a target group… Optionally, the base station may select a relay device suitable for performing relay forwarding for the source device from relay devices reported by the source device).
Huang does not expressly disclose, but Tseng from similar fields of endeavor teaches: wherein the configuration information of the candidate relay node comprises at least one of the following: quality of service (QoS) information supported by the candidate relay node; load information of a network to which the candidate relay node belongs; network slice selection assistance information (NSSAI) of a network to which the candidate relay node belongs; a session and service continuity (SSC) mode of a network to which the candidate relay node belongs; information about a protocol data unit (PDU) session that the candidate relay node has established; or moving track information of the candidate relay node (paragraph 42: base station 202 delivers the corresponding Relay network slice configuration messages to relay UE 204 and remote UE 206. Then, relay UE 204 and remote UE 206 may configure relay network slice instance upon receiving their corresponding Relay network slice configuration messages from base station 202. Each of the Relay network slice configuration messages may include information, such as relay service type, network function configuration for relay service, and end-to-end QoS control configuration). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the signaling as described by Tseng in the relay selection as described by Huang. The motivation is to improve connection setup.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huang et al. (US 2018/0152234); Huang discloses D2D UE may serve as a relay, such that a remote D2D UE at the edge of, or outside, coverage of a cellular network may communicate with the cellular network via the relay UE, and two D2D UE may perform D2D communication with each other via the relay UE.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D BLANTON whose telephone number is (571)270-3933. The examiner can normally be reached 7am-6pm EST, Mon-Thu.
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/JOHN D BLANTON/Primary Examiner, Art Unit 2466
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