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 .
This Office Action is in response to Amendment filed on January 26, 2026 and wherein claims 15 and 21-24 being currently amended, claims 30 and 31 being added.
In virtue of this communication, claims 15-17, 19, 21-24, 26-27 and 29-31 are currently pending in this Office Action.
The Office appreciates the explanation of the amendment and analyses of the prior arts, and however, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993) and MPEP 2145.
Response to Arguments
Regarding Claim Objections, Applicant response and amendment Claim 28 status with cancelled (Remarks, page 7). The objection of Claim 28 as set forth in the previous office action has been withdrawn.
Applicant argue Lee, Yeo fails to disclose or suggest that the Y is selected from a plurality of sets of values that are associated with different minimum sizes of the time interval (Remarks, pages 8-9) has been fully considered and it is not persuasive.
Lee teaches minimum value is derived as common sense window size for UE-
SPECIFIED sense window size among a plurality of sense window size, see paragraph [0198], “A predefined (or signaled) “(V2X) SPS PERIODICITY’ value may be considered (or determined) as the ‘SENSING WINDOW SIZE’. …, if a plurality of different ‘SPS configurations (or processes)’ are set (or signaled) to the ‘SPS PERIODICITY’, it may be interpreted (or considered) that a different ‘SENSING WINDOW SIZE’ is applied to each ‘SPS configuration (or process)’. As another example, when a plurality of ‘SPS configurations (or processes or (transmission) operations) having different’(V2X) SPS PERIODICITIES' are set (or signaled or permitted), the maximum (or minimum) value among the corresponding ‘(V2X) SPS PERIODICITIES’ is determined (or derived) as the ‘(COMMON) SENSING WINDOW SIZE’, which may also be applied commonly to the plurality of ‘SPS configurations (or processes or (transmission) operations). In one example, in the Rule #B, the ‘SENSING WINDOW SIZE’ may be set in a ‘UE-SPECIFIC’ (or ‘UE-COMMON’) manner””.
Further, Lee teaches configuring selection window within a range satisfying the latency requirement on the basis of the sensing result, and sensing region is corresponding to the size of the plurality of sub-channels. See Fig. 10, paragraph [0207], “the UE may select the resource by configuring a selection window within a range satisfying the latency requirement, the V2X communication may be performed in units of multiple sub-channels, and a resource for performing the V2X communication may be selected on the basis of the sensing result obtained by performing in units of sub-channels the size of which corresponds to the size of the multiple sub-channels. The sensing region in which the sensing is performed may have the size corresponding to that of the plurality of sub-channels”, and paragraph [0253], “although a UE performs sensing in (each) sub-channel (by default), actual transmission of a V2X message may be performed in units of a plurality of sub-channels. If the UE uses a plurality of sub-channels used for actual transmission of a V2X message (namely, if transmission of a V2X message is performed in units of a plurality of sub-channels)”.
Based on the aforementioned reasoning, therefore, the Applicant’s argument is not
persuasive. Further, the new ground(s) of rejection is necessitated by the applicant amendment. The Office has thoroughly reviewed Applicants' arguments but firmly believes that the cited references to reasonably and properly meet the claimed limitations.
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 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.
Claims 15- 17, 19, 21-24, 26-27, 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (US 20200204968 A1, hereinafter LEE) in view of YEO et al. (US 20200351057 A1, hereinafter YEO).
Claim 15: LEE teaches a method for performing a sidelink transmission ([0179], “in which a V2X UE(s) (re)reserves (or selects) its own resource(s) related to V2X message transmission …with respect to a predefined (signaled) channel (for example, Physical
Sidelink Control Channel (PSCCH)”), the method performed by a terminal device, comprising (Abstract, “provides a vehicle-to-X (V2X) operation method performed by a V2X terminal in a wireless communication system”):
determining a first number of resources in time interval for performing partial sensing (Fig. 23, [0289], “the UE may perform reservation of a finite number of resources by which V2X communication is performed S2310. The UE may select a resource on a selection window and perform reservation of repeated resources on the basis of a specific period by using the selected resource”, [0293], “The (corresponding) finite
number may be defined by (A) the total number (TNUM_V2XSF) of subframes (or resources) set (or signaled) as a V2X resource (pool)”, [0142], “a UE may have to consider at least Y subframes as candidate resources within the selection window. The Y may be a predetermined value or may be determined by the network”);
wherein the first number of resources are a subset of resources selected from the time interval by the terminal device based on a higher layer parameter ([0334], “The upper layer may determine the parameter corresponding to the number of sub-channels used for PSSCH transmission in a subframe L.sub.subCH, parameter corresponding to a resource
reservation interval determined by the upper layer P.sub.rsvp_Tx and parameter
corresponding to a priority transmitted by the UE according to the associated SCI format …The candidate single subframe resource R.sub.x,y with respect to PSSCH transmission
may be determined as a set of sub-channels””),
wherein the first number of resources are a predetermined number of potential candidate resource ([0142], “A UE may select at least Y subframes within a selection window as candidate resources … The Y may be a predetermined value or may be determined by the network”, [0317], “the selected resource may indicate the resource determined on the basis of a selection window constructed within a range satisfying the LATENCY REQUIREMENT (in other words, a resource on the selection window satisfying the latency requirement) … the UE may select a subframe within the selection window on the basis of a sensing result obtained by performing sensing in a UE-specific sensing
period”, Fig. 38, element S3810, [0334], Table 2, [0419], “interpreted as a ratio for deriving (or determining) the minimum number of (candidate) resources that have to be remained (in the SA set) (among all of the (candidate) resources) after the STEP 5 of Table 2 is performed and/or a ratio for deriving (or determining) the (minimum) number of (candidate) resources that have to be remained in the SB set”),
and wherein the predetermined number is selected from a plurality of sets of values that are associated with different minimum size of the time interval ([0198], disclose minimum value is derived as common sense window size for UE- SPECIFIED sense window size among a plurality of sense window size, “A predefined (or signaled) “(V2X) SPS
PERIODICITY’ value may be considered (or determined) as the ‘SENSING WINDOW SIZE’. …, if a plurality of different ‘SPS configurations (or processes)’ are set (or signaled) to the ‘SPS PERIODICITY’, it may be interpreted (or considered) that a different ‘SENSING
WINDOW SIZE’ is applied to each ‘SPS configuration (or process)’. As another example, when a plurality of ‘SPS configurations (or processes or (transmission) operations) having different’(V2X) SPS PERIODICITIES' are set (or signaled or permitted), the maximum (or minimum) value among the corresponding ‘(V2X) SPS PERIODICITIES’ is determined (or derived) as the ‘(COMMON) SENSING WINDOW SIZE’, which may also be applied commonly to the plurality of ‘SPS configurations (or processes or (transmission) operations). In one example, in the Rule #B, the ‘SENSING WINDOW SIZE’ may be set in a ‘UE-SPECIFIC’ (or ‘UE-COMMON’) manner””, Fig. 10, paragraph [0207], [0253], teaches configuring selection window within a range satisfying the latency requirement on the basis of the sensing result, and sensing region is corresponding to the size of the plurality of sub-channels. [0197], “(maximum (or minimum)) ‘MESSAGE GENERATION (or TX) PERIODICITY’ value may be considered (or determined) as the ‘SENSING WINDOW SIZE’. As another example, the ‘SENSING WINDOW SIZE’ may be set to a predefined (or signaled) (specific) value irrespective of (A) ‘E_CGAP’ (or E_DGAP or E_GAP) related (maximum (or minimum)) value”, [0274], “a V2X TX UE may perform ‘RESOURCE RESELCTION’ operation (in the middle of operation) according to a predefined (or signaled) rule (which includes, for example, a case where ‘SA (or PSCCH)’ (or ‘DATA (or PSSCH)’) having a ‘HIGHER PRIORITY’ transmitted by other V2X UE(s) is detected and a case where ‘CURRENT RESOURCE ALLOCATION’ does not satisfy the predefined (or signaled) ‘REQUIREMENT’ (for example, LATENCY, RELIABILITY,
PRIORITY, FAIRNESS, and QoS))”);
and determining third resources by excluding a second resource from the first number of resources based on a non-monitored resource ([0152], “If a candidate semi-static resource X collides with a resource Y reserved by scheduling assignment by another UE at the period P*I and satisfies a condition for exclusion, the UE may exclude the candidate semi-static resource X”, TABLE 2, [0345], “ if SUBFRAME # (T.sub.M.sup.SL) has not been monitored from the V2X message transmission operation of the V2X TX UE(s) in the STEP 2 … whether to (additionally) exclude R.sub.X, Y from the set S.sub.A is determined (as a resource (for example SUBFRAME # (T.sub.M.sup.SL)), is not monitored from the V2X message transmission operation of the V2X TX UE(s) in the STEP 2), only the “I_VALUE SET” (and/or “RESOURCE RESERVATION INTERVAL”) (actually) selectable (or allowable) (from a specific carrier (or pool)) may be taken into account” ) in a sensing window and a resource reservation period (Abstract, “ a subframe
excluding a subframe relating to a subframe in which transmission has been performed during a sensing period”,[0345], “among R.sub.X,Y belonging to SA overlaps SUBFRAME # (T.sub.M+I_CANVAL*P_STEP.sup.SL) (and/or (partial)resource(s) that may be selected (or reserved) by other V2X TX UE(s) on the SUBFRAME #(T.sub.M+I_CANVAL*.sub.P_STEP.sup.SL) the V2X TX UE(s) may be made to exclude R.sub.X, Y (additionally) from the set SA”, TABLE 2, [0345], ““ if SUBFRAME # (T.sub.M.sup.SL) has not been monitored from the V2X message transmission operation of the V2X TX UE(s) in the STEP 2 … only the “I_VALUE SET” (and/or “RESOURCE RESERVATION INTERVAL”) (actually) selectable (or allowable) (from a specific carrier (or pool)) may be taken into account”).
reporting the third resources to higher layer; and
performing a sidelink transmission based on the third resources (Fig.24, Fig. 26, [0317], “the UE may select a subframe within the selection window on the basis of a sensing result obtained by performing sensing in a UE-specific sensing period, determine transmission reservation resources on the basis of the selected subframe, and perform V2X communication on the reserved resource”), wherein determining the first number of resources comprises:
in accordance with a determination that a total number of the resources in the time interval is below a predetermined number ([0453], “And/or when the minimum ratio (or number) of candidate (transmission) resources that need to be remained (and/or the corresponding ratio (or number) of remaining candidate (transmission) resources) is smaller than a predefined (or signaled) threshold value after the candidate (transmission) resource exclusion operation based on a sensing operation execution interval (or period) and/or a ((maximum (or minimum)) period (or range) from which a candidate (transmission) resource may be selected (SELECTION WINDOW) and/or a range from which a random value is determined (or selected) to define a maintenance interval of a (re)selected (or reserved) resource”),
providing an indication of failure of selecting the first number of resources to a higher layer,
and randomly selecting resources from the time interval as candidate resources for the sidelink transmission ([0447], “and if the energy in the currently selected resources is larger than a threshold value with respect to the energy in the subset, select one from among the subset. The UE may randomly select one resource from among the subset”, [0453], “And/or when the minimum ratio (or number) of candidate (transmission)
resources that need to be remained (and/or the corresponding ratio (or number) of remaining candidate (transmission) resources) is smaller than a predefined (or signaled) threshold value after the candidate (transmission) resource exclusion operation based on a sensing operation execution interval (or period) and/or a ((maximum (or minimum)) period (or range) from which a candidate (transmission)
resource may be selected (SELECTION WINDOW) and/or a range from which a
random value is determined (or selected) to define a maintenance interval of a (re)selected (or reserved) resource”, [0139], “there may exist a resource pool which allows both (partial) sensing and random selection. A base station may inform (the UE) that in such a resource pool, either of the (partial) sensing and random selection may be used to select a V2X resource”, [0469], “a randomly selected resource is defined to be used only for transmission of a predefined (or signaled) number of “TRANSPORT BLOCKs (TBs)”, after which the “TB” transmission is performed through sensing-based selected (or reserved) resources) and/or (B) the transmission resource may be defined to be selected (or reserved) after a sensing operation is performed during a predefined (or signaled) (time) period”).
However, LEE does not explicitly teach reporting the third resources to higher layer, and providing an indication of failure of selecting the first number of resources to a higher layer.
YEO, from the same or similar field of endeavor, teaches reporting the third resources to higher layer (Fig. 14A, [0188], “Step-3: A resource candidate list X is reported to a higher layer of the terminal, and the final transmission resource among X candidates is randomly selected on the higher layer of the terminal”); and
providing an indication of failure of selecting the first number of resources to a higher layer (Fig. 14C, [0212], “A resource candidate list X is reported to a higher layer of the terminal, and Y candidates among X candidates are randomly down-selected on the higher layer of the terminal”, wherein downsize selection mode is reading as an indication of failure of selecting the first number of resources ),
LEE and YEO are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Lee and the features of reporting third resource and indication of failure of selecting the first number of resources to a higher layer as taught by YEO, for the benefit for allowing the terminal performing the sensing excludes resources of which the usage is determined to be ineffective due to occupation by another terminal when the sensing window is within the resource selection window (paragraph [0211-0216]).
Claim 16: LEE teaches the method of claim 15, wherein the second resource is a resource which has a time gap ([0161], “A selected resource should be neither the same subframe as the first resource nor a subframe excluded from resource selection. Moreover, SCI should be able to indicate a time gap between two selected resources”) of integer multiple of the resource reservation period after the first resource (FIG.18, [0258], “the UE may not only perform sensing in units of multiple sub-channels but also select the resource by configuring a selection window within a range that satisfies the latency requirement”, [0161], “A selected resource should be neither the same subframe as the first resource nor a subframe excluded from resource selection. Moreover, SCI should be able to indicate a time gap between two selected resources”).
Claim 17: LEE teaches the method of claim 15, wherein the resource reservation period has a periodicity value configured from a higher layer ([334], “the UE configures a resource
reservation field as a resource reservation period determined by upper layers separated from each other by P.sub.step”).
Claim 19: LEE teaches the method of claim 15, wherein the first number is above a predetermined number, and the predetermined number is a minimum number of potential candidate resources for the partial sensing ([0452], “the case in which a number of (selectable) (candidate) resources (for example, subframes) less (or more) than a predefined (or signaled) threshold exist (or remain) within the ‘TX RESOURCE
(RE)SELECTION DURATION (or RANGE or WINDOW)’ (and/or the case in which the minimum (or maximum) value of the ‘TX RESOURCE (RE)SELECTION DURATION (or RANGE or WINDOW) is smaller (or larger) than a predefined (or signaled) threshold value”).
Claim 21: LEE teaches the method of claim 15, wherein the selecting the first number of resources further comprises selecting all resources from the time interval ([0147], “in the case of PSSCH resource (re)selection, if all of the PSCCH/PSSCH transmissions have the same priority, the entire resources may first be considered as selectable resources”).
Claim 22: LEE teaches the method of claim 15, wherein the selecting the first number of resources further comprise randomly selecting the resource from the time interval ([0139], “ A base station may inform (the UE) that in such a resource pool, either of the (partial) sensing and random selection may be used to select a V2X resource”).
Claim 23: LEE teaches the method of claim 15, wherein excluding the second resource comprises in accordance with receiving a higher layer parameter ([0136], “a base station may configure a (scheduling assignment decoding/energy measurement-based) sensing operation to be performed (partially”) indicating that the excluding is enabled for the terminal device ([0241], “V2X UE#Y performs a sensing operation based on ‘ENERGY MEASUREMENT (and/or SA DECODING)’, the ‘(frequency) resource’ indicated as the ‘UN-BOOKING RESOURCE’ by the V2X UE#X”) , excluding the second resource ([0245], “the rule may be defined so that at the time of resource selection (or reservation), the ‘(frequency) resource’ designated as the ‘UN-BOOKING RESOURCE’ is always
excluded (or selected (in the first place))”).
Claim 24 is analyzed and rejected according to claim 15 and LEE further teaches a processor (Fig.39, element 1110, [0504], “the processor 1110, performing sensing during a UE-specific sensing period, may select a resource with which to perform V2X communication and perform V2X communication on the basis of the selected resource”).
Claim 26 is analyzed and rejected according to claim 24 and claim 16.
Claim 27 is analyzed and rejected according to claim 24 and claim 17.
Claim 29 is analyzed and rejected according to claim 24 and claim 19.
Claim 30: LEE teaches the method of claim 15, wherein each set of the values are determined based on at least one of the following: a subcarrier spacing (SCS) configuration for the terminal device (alternative), a parameter for determining an end of the time interval ([0181], “The boundary (or position) of a time region (or period) in which a sensing
operation is performed (for each V2X UE(s)) may have the form (or characteristic) of “UE-specific (time) boundary”. Here, in one example, the boundary (or position) of the time region (or period) in which a (resource (re)reservation (or selection)-related) sensing
operation of a specific V2X UE is performed may be defined as “V2X message TX time (SF#K)” … performs a V2X message TX operation on the resource period ranging
from “SF#(K−D) to SF#K””, [0228], “‘MAXIMUM RESERVATION TIME’ and/or ‘MUTING (or SILENCING or transmission skipping (or stopping)) probability (or period or pattern)’”), or a remaining packet delay budget (RPDB) for the sidelink transmission (alternative).
Claim 31: LEE teaches the method of claim 15, wherein the predetermined number is selected from a first set of the plurality of sets, and wherein the first set is selected from the plurality of sets based on a priority of data to be transmitted by the terminal device ([0227- 0228], disclose ‘SENSING DURATION’ related to performing resource re-reservation (or selection), a large value of “SECURITY information ” may be set to the ‘SENSING
DURATION’ for a message having a low (or high) priority so that resource re-reservation (or selection) frequency is made low while a small value may be set to the ‘SENSING
DURATION’ for a message having a high (or low) priority so that the resource re-reservation (or selection) frequency is made high. [0274], “a V2X TX UE may perform ‘RESOURCE RESELCTION’ operation (in the middle of operation) according to a predefined (or signaled) rule (which includes, for example, a case where ‘SA (or PSCCH)’ (or ‘DATA (or PSSCH)’) having a ‘HIGHER PRIORITY’ transmitted by other V2X UE(s) is detected and a case where ‘CURRENT RESOURCE ALLOCATION’ does not satisfy the predefined (or signaled) ‘REQUIREMENT’ (for example, LATENCY, RELIABILITY,
PRIORITY, FAIRNESS, and QoS))”).
Conclusion
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 YONGHONG ZHAO whose telephone number is (571)272-4089. The examiner can normally be reached Monday -Friday 9:00 am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS JENSEN can be reached on 5712723980. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Y.Z./Examiner, Art Unit 2472
/ANH VU H LY/Primary Examiner, Art Unit 2472