DETAILED ACTION
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 with respect to claim(s) 1-6, 8-14, 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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.
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.
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.
Claim(s) 1, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Wang et al. (Pub No.: 2024/0205886) in view of Chen (Pub No.: 2010/0091644) and further in view of Hamada et al. (Pub No.: 2012/0275334).
Regarding claim 9, Wang et al. discloses a new radio user equipment (NR UE) (see communication apparatus 1600 in fig. 16), comprising: at least one processor (see processor 1610 in fig. 16); and at least one memory (see memory 1630 in fig. 16) operatively connected with the at least one processor, the at least one memory storing instructions, which when executed, instruct the at least one processor to perform a method including:
determining whether a long term evolution (LTE carrier includes unused resources for data transmission (Wang et al. see para. 0006, 0053, 0199; the terminal apparatus may determine the first available time-frequency resource based on the first sidelink control information used for the E-UTRA radio access. The UE determines the available time-frequency resource used for the E-UTRA radio access, determine the second available time-frequency resource based on the second sidelink control information used for the NR radio access). The UE determines the first available time-frequency resource used for the E-UTRA (e.g., LTE carrier);
in response to determining the LTE carrier includes the unused resources, performing a collision determination, the collision determination being based at least in part on a randomized likelihood that transmissions of the NR UE on the LTE carrier will collide with transmissions of one or more other NR UEs on the LTE carrier (Wang et al. see abstract; para. 0006, 0009, 0199; the third available time-frequency resource may be an intersection of the first available time-frequency resource, the second available time-frequency resource, and a resource pool shared by LTE-V2X and NR-V2X.). Thus, after or in response to the determination of the first available time-frequency resource used for the LTE carrier, the UE determines the intersection/collision of the first and second available time-frequency resources to avoid randomized likelihood that the transmission of the UE on the LTE carrier will collide with transmission of the other UE on the LTE carrier.
However, Wang et al. does not explicitly disclose the feature: based on the collision determination, performing a transmission delay, the transmission delay occurring while sensing the LTE carrier during time period randomly selected by the UE from a set of pre-configured durations.
Chen from the same or similar fields of endeavor discloses the feature: based on the collision determination, performing a transmission delay, the transmission delay occurring during time period randomly selected by the UE from a set of pre-configured durations (Chen see fig. 1, step 104; para. 0022-0025, 0027; Increase a size of a variable backoff window when a transmission failure of a response packet is detected… In Step 104: Randomly select a wait time according to the variable backoff window… In Step 106, Retransmit the response packet according to the wait time). In response to the determined transmission failure/collision, the slave device randomly selects a wait time from a plurality of pre-configured wait times within the increased variable backoff window for transmission.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. and to implement with the feature as taught by Chen to randomly select a wait time for transmission based on a determined collision.
The motivation would be to improve network resources.
However, Chen does not explicitly disclose the feature wherein the transmission delay occurring while sensing the LTE carrier.
Hamada et al. from the same or similar fields of endeavor discloses the feature wherein the transmission delay occurring while sensing the LTE carrier (Hamada et al. see para. 0009; in which when a terminal wirelessly transmits information, the terminal waits for a random back-off time before transmission and then performs carrier sensing performed for confirming whether or not a peripheral terminal is in communication, and while the peripheral terminal is in transmission, the own terminal further waits for a random back-off time before transmission and if the peripheral terminal is not in transmission, the own terminal starts transmission.). In other words, the terminal performs transmission delay, and while the transmission delay occurring, the terminal performs carrier sensing to confirm whether not the carrier is occupied.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Chen and to implement with the feature as taught by Hamada et al. such that based on the collision determination, performs a transmission delay, the transmission delay occurs while the terminal performs carrier sensing during a wait time randomly selected by the UE from a plurality of preconfigured wait times.
The motivation would be to reduce transmission error.
Claim 1 is rejected similarly to claim 9.
Claim(s) 2, 3, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2024/0205886) in view of Chen (Pub No.: 2010/0091644) and Hamada et al. (Pub No.: 2012/0275334) as applied to claim 1 or 9 above, and further in view of Vivanco (Pat No.: 9,609,543).
Regarding claims 2, 10, Wang et al. in view of Chen and Hamada et al. does not explicitly disclose the feature to determine whether a packet delay budget has expired; and in response to determining that the packet delay budget has expired, drop the data transmission.
Vivanco from the same or similar fields of endeavor discloses the feature to determine whether a packet delay budget has expired; and in response to determining that the packet delay budget has expired, drop the data transmission (Vivanco see column 5, lines 55-58; In the illustrated embodiment, for any packet in which the packet delay exceeds the PDB, the expired packet is discarded (block 314).).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Chen and Hamada et al. and to implement with the feature as taught by Vivanco to drop data based on expiration of packet delay budget.
The motivation would be to improve transmission resources.
Regarding claims 3, 11, Wang et al. discloses the feature wherein data is transmitted when it is determined that the transmissions of the NR UE on the LTE carrier will not collide with the transmissions of the one or more other NR UEs on the LTE carrier (Wang et al. see para. 0009; Therefore, the terminal apparatus can determine, in a resource pool based on the first sidelink control information and the second sidelink control information, a time-frequency resource that can be used by the terminal apparatus to send sidelink control information and the data information, to avoid a conflict with a resource used for the E-UTRA radio access and a resource that is of another terminal apparatus and that uses the NR radio access.) Thus, the UE sends data information on a resource that has no conflict with transmission of other UEs on the LTE carrier.
Claim(s) 4, 5, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2024/0205886) in view of Chen (Pub No.: 2010/0091644) and Hamada et al. (Pub No.: 2012/0275334) and Vivanco (Pat No.: 9,609,543) as applied to claim 2 or 10 above, and further in view of Guo et al. (Pub No.: 2024/0205885).
Regarding claims 4, 12, Wang et al. in view of Chen, Hamada et al. and Vivanco does not explicitly disclose the feature wherein the LTE carrier includes one or more LTE coexistence enabled resource pools which the NR UE uses to transmit the data based on an NR frame structure.
Guo et al. from the same or similar fields of endeavor discloses the feature wherein the LTE carrier includes one or more LTE coexistence enabled resource pools which the NR UE uses to transmit the data based on an NR frame structure (Guo et al. see para. 0070; UEs may use a resource pool frame structure for reserving resources for V2X communications when UEs with LTE interfaces coexist with UEs with NR interfaces. Resource coordination may help UEs to avoid V2X resource collisions. The resource pool frame structure may include a partition between NR V2X resources and LTE V2X resources.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Chen, Hamada et al. and Vivanco and to implement with the feature as taught by Guo et al. wherein an LTE coexistence resource pools is enabled to allow for data transmission based on NR frame structure.
The motivation would be to improve transmission efficiency.
Regarding claims 5, 13, Guo et al. discloses the feature wherein the data transmission includes at least one transport block (Guo et al. see fig. 3, TB data 335; para. 0065).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Chen and Vivanco and to implement with the feature as taught by Guo et al. wherein the data transmission includes transport blocks.
The motivation would be to improve transmission efficiency.
Claim(s) 6, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2024/0205886) in view of Chen (Pub No.: 2010/0091644) and Hamada et al. (Pub No.: 2012/0275334) as applied to claim 1 or 9 above, and further in view of Kim et al. (Pub No.: 2021/0160819).
Regarding claims 6, 14, Wang et al. in view of Chen and Hamada et al. does not explicitly disclose the feature wherein the NR UE determines that the LTE carrier includes the unused resources for data transmission by performing energy detection at a beginning of an LTE subframe to identify that no LTE transmission was performed on a first NR slot.
Kim et al. from the same or similar fields of endeavor discloses the feature wherein the NR UE determines that the LTE carrier includes the unused resources for data transmission by performing energy detection at a beginning of an LTE subframe to identify that no LTE transmission was performed on a first NR slot (Kim et al. see para. 0138; the UE may sense the hatched transmission resources shown in FIG. 15 (a) as transmission resources available for transmission on carrier 1. In addition, the UE may sense the hatched transmission resources shown in FIG. 15 (b) as transmission resources available for transmission on carrier 2.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Chen and Hamada et al. and to implement with the feature as taught by Kim et al. to determine LTE carrier that includes the unused resources based on energy detection at the beginning of an LTE subframe.
The motivation would be to improve transmission reliability.
Claim(s) 8, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No.: 2024/0205886) in view of Chen (Pub No.: 2010/0091644) and Hamada et al. (Pub No.: 2012/0275334) as applied to claim 1 or 9 above, and further in view of Li et al. (Pub No.: 2023/0032174).
Regarding claims 8, 16, Wang et al. in view of Chen and Hamada et al. does not explicitly disclose the feature to monitor the LTE carrier when the NR UE has data to transmit, and wherein determining whether the LTE carrier includes the unused resources for data transmission is based on the monitoring.
Li et al. from the same or similar fields of endeavor discloses the feature to monitor the LTE carrier when the NR UE has data to transmit, and wherein determining whether the LTE carrier includes the unused resources for data transmission is based on the monitoring (Li et al. see fig. 4, see para. 0110; At 406, the UE 115-h may autonomously perform dynamic NR-LTE co-channel operations. The UE 115-h may identify an NR packet for transmission, and may determine whether to utilize LTE resources, and which LTE resources to utilize, based on a relationship between the estimated channel availability parameter values (e.g., determined at 415 or updated at 425) and the patterns of sidelink resources indicated in the co-channel configuration information.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Wang et al. in view of Chen and Hamada et al. and to implement with the feature as taught by Li et al. to determine whether the LTE carrier has unused resources for data transmission.
The motivation would be to reduce transmission error rate.
Allowable Subject Matter
Claims 7, 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner's Note
The Applicant is welcome to request a telephonic interview if the Applicant has any questions or requires any additional information that would further or expedite the prosecution of the application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sun et al. (Pub No.: 2024/0349311) discloses methods and apparatus for resource availability determination. An embodiment of the present disclosure provides an apparatus, including: a processor configured to: determine availability of one or more resources for a first sidelink transmission associated with a first radio access technology (RAT) based on at least one of: information on one or more reserved resources for second sidelink transmission(s) associated with a second RAT: information on one or more physical sidelink feedback channel (PSFCH) resources corresponding to the one or more resources: a priority level of the first sidelink transmission: a first sub-carrier spacing of the first RAT: and a first frame structure for the first RAT in one or more slots where the one or more resources are located: and a transceiver coupled to the processor and configured to not perform the first sidelink transmission with at least one resource determined as unavailable for the first sidelink transmission.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KAN YUEN whose telephone number is (571)270-1413. The examiner can normally be reached Monday - Friday 10:30am-7pm.
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/KAN YUEN/Primary Examiner, Art Unit 2464
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