DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/19/26 has been entered.
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 .
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.
Claim(s) 1, 4, 7, 8, 11, 13, 14 and 19-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (EP 3 855 860 A1), herein Li.
As to claim 1, Li teaches A communication method applied for a communication device, wherein the communication device is a user equipment or a chip of the user equipment, comprising:
determining a fourth resource (Li [0118] sidelink resource selection based on a sidelink resource);
and
determining a resource as a third candidate resource from the fourth resource,
wherein a portion of the third candidate resource is within a time range of a discontinuous reception (DRX) active time corresponding to a communication target in a time domain, wherein the third candidate resource is used to determine a fifth resource used for sidelink transmission of the communication device, the fifth resource is a resource within the DRX active time in the time domain
(Li [0118] the first device should select based on a sidelink active time of the second device the set of candidate slots are derived based on the sidelink active time of a second device and [0120] Preferably, the set of candidate slots may be included within joint or intersection slots of the time interval of selection window and the (assumed or expected) (sidelink) active or wake-up time of the second device)
As to claim 8, Li teaches a communication apparatus, comprising at least one
processor and a memory, wherein the at least one processor is coupled to the memory, and the memory stores programming instructions for execution by the at least one processor to (Li Fig. 3) :
determine, by a first communication device, a fourth resource (Li [0118] sidelink resource selection based on a sidelink resource);
and determine, by the communication apparatus, a third candidate resource from the fourth resource, wherein a portion of the third candidate resource is within a time range of a discontinuous reception (DRX) active time corresponding to a communication target in a time domain, wherein the third candidate resource is used to determine a fifth resource used for sidelink transmission of the communication device apparatus, the fifth resource is a resource within the DRX active time in the time domain. (Li [0118] the first device should select based on a sidelink active time of the second device the set of candidate slots are derived based on the sidelink active time of a second device and [0120] Preferably, the set of candidate slots may be included within joint or intersection slots of the time interval of selection window and the (assumed or expected) (sidelink) active or wake-up time of the second device)
As to claim 15, Li teaches a non-transitory computer-readable storage medium, wherein the storage medium storing a computer program or instructions which, when executed by a communication apparatus, cause the communication apparatus to perform operations comprising: (Li Fig. 3):
determining, by a first communication device, a fourth resource (Li [0118] sidelink resource selection based on a sidelink resource);
determining a resource as a third candidate resource from the fourth resource, wherein a portion of the third candidate resource is within a time range of a discontinuous reception (DRX) active time corresponding to a communication target in time domain, wherein the third candidate resource is used to determine a fifth resource used for sidelink transmission of the communication device apparatus, the fifth resource is a resource within the DRX active time in the time domain. (Li [0118] the first device should select based on a sidelink active time of the second device the set of candidate slots are derived based on the sidelink active time of a second device and [0120] Preferably, the set of candidate slots may be included within joint or intersection slots of the time interval of selection window and the (assumed or expected) (sidelink) active or wake-up time of the second device)
As to claim 4, Li teaches the method according to claim 1, wherein the communication targe comprises a destination identifier (Li [0044] destination ID and [0220] the destination ID of the sidelink transmission may be set to the identity of the second device)
Claims 11 are rejected for the same reasons stated in claim 4.
As to claim 7, Li teaches the method according to claim 1, wherein the method further comprises: determining, a fifth resource from a fourth candidate resource, and the fourth candidate resource is a resource that is in the third candidate resource and within the DRX active time in the time domain. (Li [0120] Preferably, the set of candidate slots may be included within joint or intersection slots of the time interval of selection window and the (assumed or expected) (sidelink) active or wake-up time of the second device)
Claims 14 and 20 are rejected for the same reasons stated in claim 7.
As to claim 13, Li teaches the method according to claim 1, the communication apparatus according to claim 8, wherein the fourth resource comprises a resource of a selection window (Li [0120] Preferably, the set of candidate slots may be included within joint or intersection slots of the time interval of selection window and the (assumed or expected) (sidelink) active or wake-up time of the second device)
Claims 19 is rejected for the same reasons stated in claim 13.
As to claim 21, Li teaches the method according to claim 1, wherein the [[first]] communication device is a transmit terminal device (TX UE) or is a chip of the TX UE, and the communication target is a receive terminal device (RXUE) or is a chip of the RX UE. (Li2 [0134] a transmitting device and a receiving device)
Claims 22 and 23 are rejected for the same reasons stated in 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.
Claim(s) 2, 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li and Zhao et al. (Pub. No.: 2022/0394522 A1), herein Zhao.
As to claim 2, Li teaches the method according to claim 1,
Li does not teach
the method according to claim 1, wherein the method further comprises: indicating, by a media access control (MAC) layer of the communication device to a physical layer of the communication device, the DRX active time corresponding to the communication target. However Zhao does teach
the method according to claim 1, wherein the method further comprises: indicating, by a media access control (MAC) layer of the communication device to a physical layer of the communication device, the DRX active time corresponding to the communication target. (Zhao [0093] Further, the information obtained by the physical layer from MAC is an indication indicating whether each period is the active time)
It would have been obvious before the effective filing date of the claimed invention to combine the teachings of Li with Zhao, because Zhao teaches us [0093] According to the present application, a starting point and an ending point of a period can be determined in the physical layer, and at least one measured CSI-RS and/or CSI-IM is at the active time and the period.
Claims 9 and 16 are rejected for the same reasons stated in claim 2.
Claim(s) 24 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li and Li2 et al. (EP 2 634 061 A1), herein Li2
As to claim 24, Li teaches the method according to claim 1, wherein the method further comprises:
Li does not teach
excluding a resource from the fourth resource;
However Li2 does teach
excluding a resource from the fourth resource (Li2 [0126] The generation of the valid resource set may be performed via excluding some candidate resources (e.g., one or more candidate resources) from the candidate resource set, for instance the step 2-1 and step 2-2 shown in FIG. 12. The generation of the valid resource set may be performed via selecting some valid candidate resources, for instance the step 3-1 shown in FIG. 12. And then, the UE select one or more valid resources from the valid resource set to perform transmission from the UE. The valid resource selection for transmission may be randomly selected from the valid resource set, for instance the step 3-2 shown in FIG. 12)
It would have been obvious before the effective filing date of the claimed invention to combine the teachings of Li and Li2, because Li2 teaches us Based on sensing within a sensing duration, the UE may generate a valid resource set, wherein the valid resource set is a subset of the candidate resource set ([0126])
Response to Arguments
Applicant's arguments filed 5/19/26 have been fully considered but they are not persuasive. With respect to claim 1, the applicant states the purported combination of Li and Li2- does not disclose, suggest, or otherwise render obvious the highlighted amended portion of claim 1 (applicant remarks page 6 and 7).
Below is an excerpt from pages 6 and 7 of applicant’s remarks.
Claim 1 recites, among other things (with emphasis added):
determining a resource as a third candidate resource from the fourth resource, wherein a portion of the third candidate resource is within a time range of a discontinuous reception (DRX) active time corresponding to a communication target in a time domain, wherein the third candidate resource is used to determine a fifth resource used for sidelink transmission of the communication device, the fifth resource is a resource within the
Li generally discloses that "the first device should select based on a sidelink active time of the second device the set of candidate slots are derived based on the sidelink active time of a second device" (see para. [0118]), "the set of candidate slots may be included within joint or intersection slots of the time interval of selection window and the (assumed or expected) (sidelink) active or wake-up time of the second device." (see para. [0120]).
In other words, Li (see para. [0120]) discloses that, it is the slots of the time interval of selection window intersects with the active time of the second device, and "[i]t may mean that the
first device assumes or expects that the set of candidate slots is comprised within the (sidelink) active or wake-up time of the second device." (see par. [0118], emphasis added)
Therefore, Li teaches that candidate slots are wholly contained within a pre-computed intersection between the selection window and the second device's wake-up time. In contrast, claim 1, as amended, recites "a portion of the third candidate resource is within a time range of a discontinuous reception (DRX) active time corresponding to a communication target in a time domain" - i.e., the third candidate resource partially overlaps with the DRX active time. (applicant remarks page 7)
The examiner respectfully disagrees. If the applicant wishes to claim that the candidate resource partially overlaps with the DRX active time, then the claim should be written to explicitly define the set. At the moment claim 1, states that a portion is within a time range of a DRX active time and assuming Li is teaching that the candidates slots are wholly contained then a portion are within an active time. A portion can be defined from 0-100. This is in fact a common way to map parts of a whole. The examiner suggests using a different term other than “portion” for example a real number between 0 and 1.
Conclusion
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 AYANAH S GEORGE whose telephone number is (571)272-8880. The examiner can normally be reached 7:00 AM - 5:00 PM.
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, Hassan Phillips can be reached at 572-272-3940. 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.
AYANAH S. GEORGE
Primary Examiner
Art Unit 2467
/AYANAH S GEORGE/Primary Examiner, Art Unit 2467
Prosecution Insights