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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/13/2025 has been entered.
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.
Claim(s) 21, 22, 25, 27, 28, 31, 32, 35, 37, 38, 41-46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashraf et al. “Ashraf” WO 2019/192701 (Submitted in Applicant’s IDS) in view of Tenny et al. “Tenny” US 2021/0314991.
Regarding claims 21 and 31, Ashraf teaches a method and communication apparatus, wherein the communication apparatus comprises one or more processors configured to cause the apparatus to:
receive first information from a first terminal device, wherein the first information indicates a second terminal device to send assistance information (SL TX receives a request for assistance information; step 313 of Figure 3C and Page 15 Lines 9-15); and
send the assistance information to the first terminal device, the assistance information assisting the first terminal device in selecting a resource for data transmission based on the assistance information (SL TX sends assistance information to SL RX; Step 314 of Figure 3C and page 15 lines 12-15).
Ashraf does not disclose determining assistance information, for to-be-transmit data, which indicates an unoccupied resource set in the resource pool determined by sensing; however, Tenny teaches UEs sending messages between each other which can include buffer status reports; Figure 1, see also Abstract. These BSR indicates data to be transmit; Paragraphs 34 and 40. The UE receives a BSR prior to indicating the resource pool to scheduled UEs; Abstract. The resource pool is equivalent to the claimed unoccupied resource set. Further, before the resource pool is indicated (i.e. assistance information) to the scheduled UE, the BSR has been received. Thus the assistance information is determined based on the BSR message. The reception of the SL BSR with resources to be used is viewed as the sensing; Paragraph 40. The resources for the SL BSR can be from a resource pool).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Ashraf to determine the assistance information based on a BSR before sending the assistance information as taught by Tenny.
One would be motivated to make the modification such that resources can be requested/granted based on the amount of data to be sent as taught by Tenny; Paragraphs 34 and 40.
Regarding claims 22 and 32, Ashraf teaches the first information is physical layer sidelink control information (SCI and assistance information are related. One device transmits this SCI to another which is indicative of assistance information; Page 28 Lines 9-19).
Regarding claims 25 and 35 Ashraf does not disclose determining assistance information based on size of to-be-transmit data; however, Tenny teaches UEs sending messages between each other which can include buffer status reports; Figure 1, see also Abstract. These BSR indicates an amount of data queued (i.e. size) that is data to be transmit; Paragraphs 34 and 40. The UE receives a BSR prior to indicating the resource pool to scheduled UEs; Abstract. The resource pool is equivalent to the claimed unoccupied resource set. Further, before the resource pool is indicated (i.e. assistance information) to the scheduled UE, the BSR has been received. Thus the assistance information is determined based on the BSR message).
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Ashraf to determine the assistance information based on a BSR before sending the assistance information as taught by Tenny.
One would be motivated to make the modification such that resources can be requested/granted based on the amount of data to be sent as taught by Tenny; Paragraphs 34 and 40.
Regarding claims 27 and 37, Ashraf teaches a method and communication apparatus, wherein the communication apparatus comprises one or more processors configured to cause the apparatus to:
send first information to a second terminal device, wherein the first information indicates the second terminal device to send assistance information (SL TX receives a request for assistance information; step 313 of Figure 3C and Page 15 Lines 9-15); and
receive the assistance information from the second terminal device, the assistance information assists a first terminal device in determining a resource for data transmission based on the assistance information (SL TX sends assistance information to SL RX; Step 314 of Figure 3C and page 15 lines 12-15. As the apparatus receives the assistance information, this is viewed as determining a resource based on the assistance information).
Ashraf does not disclose determining assistance information, for to-be-transmit data, which indicates an unoccupied resource set in the resource pool determined by sensing; however, Tenny teaches UEs sending messages between each other which can include buffer status reports; Figure 1, see also Abstract. These BSR indicates data to be transmit; Paragraphs 34 and 40. The UE receives a BSR prior to indicating the resource pool to scheduled UEs; Abstract. The resource pool is equivalent to the claimed unoccupied resource set. Further, before the resource pool is indicated (i.e. assistance information) to the scheduled UE, the BSR has been received. Thus the assistance information is determined based on the BSR message. The reception of the SL BSR with resources to be used is viewed as the sensing; Paragraph 40. The resources for the SL BSR can be from a resource pool).
Regarding claims 28 and 38, Ashraf teaches the first information is physical layer sidelink control information (SCI and assistance information are related. One device transmits this SCI to another which is indicative of assistance information; Page 28 Lines 9-19).
Regarding claims 41 and 42 Ashraf does not disclose the first information indicates size of to-be-transmitted data; however, Tenny teaches UEs sending messages between each other which can include buffer status reports; Figure 1, see also Abstract. These BSR indicates an amount of data queued (i.e. size) that is data to be transmit; Paragraphs 34 and 40.
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Ashraf to determine the size of to be transmitted data as taught by Tenny.
One would be motivated to make the modification such that resources can be requested/granted based on the amount of data to be sent as taught by Tenny; Paragraphs 34 and 40.
Regarding claims 43 and 45, Ashraf teaches the steps are performed by the second terminal device (Figure 3C, SL TX 20 is the second device).
Regarding claims 44 and 46, Ashraf teaches the steps are performed by the first terminal device (Figure 3C, SL RX 30 is the first device).
Claim(s) 26, 30, 36, 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashraf in view of Tenny in view of Zhao et al. “Zhao” US 2020/0296694.
Regarding claims 26 and 36, while the prior art teaches the unoccupied resource pool above and Ashraf teaches location information for resources, the prior art does not teach the assistance information includes size and location anchor of the resource for transmission. Zhao teaches assistance information includes resource start information (i.e. location anchor) and packet size; Paragraph 79.
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Ashraf to include size and location information of the data packet in the assistance information as taught by Zhao.
One would be motivated to make the modification such that the system knows the timing/size of data to be transmitted which lead to reduced latency as taught by Zhao; Paragraph 7.
Regarding claims 30 and 40, while the prior art teaches the unoccupied resource pool above and Ashraf teaches location information for resources, the prior art does not teach the assistance information includes size and location anchor of the resource for transmission. Zhao teaches assistance information includes resource start information (i.e. location anchor) and packet size; Paragraph 79.
Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Ashraf to include size and location information of the data packet in the assistance information as taught by Zhao.
One would be motivated to make the modification such that the system knows the timing/size of data to be transmitted which lead to reduced latency as taught by Zhao; Paragraph 7.
Response to Arguments
Applicant's arguments filed 9/15/2025 have been fully considered but they are not persuasive.
Applicant argues Tenny does not disclose assistance information indicating unoccupied resource set in the resource pool determined by using sensing because Tenny merely teaches the BSR requests a SL grant and contains information on data to be transmit, but nothing on the resource pool. The Examiner respectfully disagrees. As noted by the Applicant, the BSR of Tenny (paragraphs 34 and 40) discusses data to be transmit. The data to be transmit is transmit based on the received resource pool information (i.e. assistance information indicating unoccupied resources). The reception of the SL BSR with resources to be used is viewed as the sensing; Paragraph 40. The resources for the SL BSR can be from a resource pool. Paragraph 98 of Applicant’s published specification discloses examples of sensing such as decoding SCI or SL of other devices and Paragraph 100 teaches sensing ranges, etc. The specification does not limit the scope of what the sensing entails, thus as long as the device is receiving/obtaining knowledge of the resources to use, this will be viewed as sensing.
Therefore the claims stand properly rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON M RENNER whose telephone number is (571)270-3621. The examiner can normally be reached Monday-Friday 7am-5pm EST.
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, Derrick Ferris can be reached at (571)-272-3123. 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.
/BRANDON M RENNER/Primary Examiner, Art Unit 2411