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 Amendment
The Amendment filed 01/28/2026 has been entered. Claims 1, 5, 6, 19, 23, 24, 29, and 30 have been amended. Claims 2 and 20 are previously cancelled. Claims 3-4, and 21-22 are cancelled. Claims 1, 5-19, and 23-30 are pending in the application.
Response to Arguments
Applicant's arguments filed 01/28/2026 have been fully considered but they are not persuasive.
Main Argument
Applicant argues “Lee is generally directed to "a method for performing V2X communication performed by a V2X terminal in a wireless communication system." Lee [0002]. Portions of Lee cited for the rejections of original dependent claim 2 state: "there may exist a resource pool which allows both (partial) sensing and random selection," where "[a] base station may inform . . . either of the (partial) sensing and the random selection may be used to select a V2X resource," and where "the UE may sense subframes corresponding to subframe #N-100*k (where k may be a set of elements in the range [1,10] and may be preset or determined by the network) within the sensing window." Id., [0119], [0123]. Lee goes on to describe a specific sensing example: "[s]ince a P-UE is more sensitive to battery consumption than a V-UE, not all the subframes within the sensing window are sensed but only part thereof is sensed, that is, partial sensing is performed." Id. [0124]. Other cited portions of Lee describe the concept of "channel busy ratio (CBR)": "CBR may mean .. .the portion of the resources of the PSCCH pool whose S-RSSI measured by the UE exceed a preconfigured threshold." Id. [0139].
In this regard, cited portions of Lee generally describe different types of sensing,
including "partial sensing" and "random selection." Other portions of Lee generally describe the concept of CBR, and how CBR may be measured by a device. However, absent from Lee is any discussion that the lE switches between "full sensing," "partial sensing," and "random selection" based on calculated CBR metrics satisfying respective thresholds. Indeed, Lee does not contemplate or describe any relationship between calculated CBR metrics and the type of sensing that is performed. Much less, Lee does not contemplate that a device is configured to "switch[] to a full sensing mode .. .based at least in part on the determined resource usage level being greater than or equal to a first threshold," or to "switch[] to the random resource-selection sending mode . . . based at least in part on the determined resource usage level being less than or equal to a second threshold." To the contrary, cited portions of Lee do not describe or contemplate comparing determined CBR metrics "a first threshold" and "a second threshold" to trigger transitions or switches between different sensing modes.
In this regard, for at least these reasons, Lee does not teach or suggest all the features currently recited in amended independent claim 1. Further, the Office Action previously conceded that Wei does not teach or suggest the features previously recited in dependent claims 3-4 (and similarly recited in amended independent claim 1).”
Reply
The examiner respectfully disagrees.
At least paragraphs [0072-0073] of Wei teach the channel busy rate (CBR) is used to determine the utilization of system resources, and based on that determination, the corresponding sensing window can be chosen. If the full sensing window is used, then full sensing is the mode used, likewise if only parts of the full sensing window are used, then partial sensing is the mode used. Furthermore, at least paragraphs [0115-0119], [0123-0124], [0216], and [0137] of Lee teach that sensing may be done on an entire sensing window (full sensing), or parts of the sensing window (partial sensing). Lee further teaches that each resource pool corresponds to a sensing mode, sometimes more than one, and the CBR determines which resource pool is to be used by measuring the number of sub-channels in the resource pool whose Sidelink Received Signal Strength Indicator (S-RSSI) exceeds a threshold. It is also well known in the art that the CBR may be used to determine the sensing mode of a system to effectively switch between different sensing and transmission modes based on channel congestion and resources available. The use of different (i.e. first, second, third, etc…) thresholds to trigger the use of different modes in a system is well known in the art and would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Therefore, Wei and Lee teach the claimed features of "switch[] to a full sensing mode .. .based at least in part on the determined resource usage level being greater than or equal to a first threshold," or to "switch[] to the random resource-selection sending mode . . . based at least in part on the determined resource usage level being less than or equal to a second threshold."
Applicant is reminded that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See in re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR international Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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.
Claims 1, 5-19, and 23-30 are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (CN 1112949A), hereinafter Wei, in view of Lee et al. (US 20200015272 A1), hereinafter Lee.
For claim 1,
Wei teaches a method for sidelink communication at a user equipment (UE) in a wireless communications system, comprising: determining a resource usage level in the wireless communications system or a transmission property associated with the sidelink communication at the UE, or a combination thereof ([0043], SCI decoded and RSRP measured, [0056], determining the length of a sensing window and configuration parameter between resource pool and length of sensing window),
adjusting, based at least in part on the determined resource usage level in the wireless communications system or the determined transmission property associated with the sidelink communication at the UE, or a combination thereof, a sensing mode of a sensing procedure([0072], CBR measured to determine resource utilization, [0073], sensing window length selected based on CBR),
Wei does not explicitly teach, however Lee teaches wherein adjusting the sensing mode comprises: switching to level being greater than or equal to a first threshold of (At least paragraphs [0115-0119], [0123-0124], [0216], and [0137] and [FIG. 7] of Lee teach that sensing may be done on an entire sensing window (full sensing), or parts of the sensing window (partial sensing). Lee further teaches that each resource pool corresponds to a sensing mode, sometimes more than one in the case of resource pools which allow both partial sensing and random resource selection as shown in paragraph [0119], and the channel busy rate (CBR) determines which resource pool is to be used by measuring the number of sub-channels in the resource pool whose Sidelink Received Signal Strength Indicator (S-RSSI) exceeds a threshold. It is also well known in the art that the CBR may be used to determine the sensing mode of a system to effectively switch between different sensing and transmission modes based on channel congestion and resources available.); and
switching to the random resource-selection sensing mode from the full sensing mode or the partial sensing mode based at least in part on the determined resource usage level being less than or equal to a second threshold of the one or more thresholds ([0115-0119] resource pool that allows both partial sensing mode and random resource selection, where the mode used is decided by the UE based on the CBR measurement. The CBR measurement of the number of sub-channel S-RSSI that exceed a threshold implies if the threshold is not exceeded, a different sensing mode may be used than when the threshold is exceeded.);
identifying a set of resources used for the sidelink communication at the UE based at least in part on the adjusted sensing mode ([0115-0119] each resource pool allows certain modes of sensing, therefore whichever sensing mode is used decides the resources used.), and
performing the sidelink communication based at least in part on the adjusted sensing mode ([0226] CBR information transmitted to the V2X UE which allows the UE to determine if any changes, such as resource pool configuration information, need to be made before message transmission can occur.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei and Lee for having a sensing mode that switches between a full sensing mode, partial sensing mode, or random resource selection based on a resource usage level with the method of Lee for the switching to be based in part on the determined CBR being greater than or equal to/less than or equal to a first/second threshold to create adaptability in the system and reduce the amount of power being used during sensing.
For claim 5, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee further teaches wherein adjusting the sensing mode of the sensing procedure comprises: switching to the full sensing mode from the partial sensing mode or the random resource-selection sensing mode based at least in part on a frequency resource allocation satisfying a third threshold of the one or more thresholds, wherein identifying the set of resources used for the sidelink communication is based at least in part on switching to the full sensing mode ([FIG. 7], partial sensing mode, [0123-0124] and [0137], sensing may be done on entire sensing window (full sensing) or parts of the sensing window (partial sensing) based on the channel busy rate calculated for the resource pool when a pre-configured threshold is met and the pool is composed of resources with a size of two PRB pairs in the frequency domain. The use of different (i.e. first, second, third, etc…) thresholds to trigger the use of different modes in a system is well known in the art and would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei and Lee for having a sensing mode that switches between a full sensing mode, partial sensing mode, or random resource selection based on a resource usage level with the method of Lee for the switching to be based in part on the determined CBR being greater than or equal to a third threshold to create adaptability in the system and reduce the amount of power being used during sensing.
For claim 6, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee further teaches wherein switching between the full sensing mode, the partial sensing mode, and the random resource-selection sensing mode comprises: switching to the partial sensing mode or the random resource-selection sensing mode from the full sensing mode based at least in part on a frequency resource allocation satisfying a third threshold of the one or more thresholds, wherein identifying the set of resources used for the sidelink communication is based at least in part on switching to the random resource-selection sensing mode ([0119], resource pool with partial sensing and random resource-selection mode where the mode is chosen after sensing window is decided (at full sensing), [0123], UE may sense full sensing window. The use of different (i.e. first, second, third, etc…) thresholds to trigger the use of different modes in a system is well known in the art and would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei and Lee for having a sensing mode that switches between a full sensing mode, partial sensing mode, or random resource selection based on a resource usage level with the method of Lee for the switching to be based in part on the determined CBR being greater than or equal to a threshold to create adaptability in the system and reduce the amount of power being used during sensing.
For claim 7, Wei and Lee teach claim 1.
Wei further teaches adjusting a size of a sensing window based at least in part on the determined resource usage level in the wireless communications system or the determined transmission property associated with the sidelink communication at the UE, or a combination thereof ([0073], sensing window length is selected based on corresponding relationship and channel busy rate detection result),
wherein identifying the set of resources used for the sidelink communication comprises: identifying the set of resources based at least in part on the adjusted size of the sensing window ([0074] and [0079], sensing window length selected according to corresponding relationship, channel busy rate detection result, and data packet priority. The sensing is performed based on the sensing window length within a sensing period.).
For claim 8, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches wherein adjusting the sensing parameter of the sensing procedure comprises: adjusting a number of slots to use for identifying the set of resources, the number of slots associated with a sensing window, based at least in part on the determined resource usage level in the wireless communications system or the determined transmission property associated with the sidelink communication at the UE, or a combination thereof, wherein identifying the set of resources used for the sidelink communication comprises: identifying the set of resources based at least in part on the adjusted number of slots to use for identifying the set of resources ([FIG. 7], [0137] and [0123-0124], sensing window has 1000 subframes (composed of slots) but is adjusted so only a certain number of subframes (slots) are sensed based on the CBR.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for having a sensing window with the method of Lee for adjusting the window subframes (slots) so only a certain number of the slots are sensed based on the CBR to reduce the amount of power used for sensing and increasing efficiency in the system.
For claim 9, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches wherein determining the resource usage level comprises: determining a channel busy ratio associated with a sidelink channel in the wireless communications system ([0137], channel busy ratio is determined).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining the resource usage level with the method of Lee for determining the channel busy ratio to determine which sensing mode to use, thus reducing the amount of power used for sensing and increasing efficiency in the system.
For claim 10, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches wherein determining the resource usage level comprises: determining a channel occupancy ratio associated with a sidelink channel in the wireless communications system ([0143], channel occupancy ratio is determined).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining the resource usage level with the method of Lee for determining the channel occupancy ratio to determine which sensing mode to use, thus reducing the amount of power used for sensing and increasing efficiency in the system.
For claim 11, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches wherein determining the transmission property comprises: determining a modulation and coding scheme associated with the sidelink communication at the UE ([0191-0196], SCI includes modulation and coding scheme).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining the transmission property with the method of Lee for the transmission property being a modulation and coding scheme to allow for suitable and redundant data transmission and increase efficiency of the system.
For claim 12, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches wherein determining the transmission property comprises: determining a transport block size associated with the sidelink communication at the UE ([0226], must know the size of the transport block in order to change the size of the contents per transport block).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining the transmission property with the method of Lee for determining a transport block size to ensure the message data will fit in the transport block, to reduce transmission errors due to incorrectly estimated transport block size, and to increase efficiency of the system.
For claim 13, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches wherein determining the transmission property comprises: determining a size of a frequency resource allocation associated with the sidelink communication at the UE ([0016] and [0201], size of frequency resource for transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining the transmission property with the method of Lee for determining the size of a frequency resource allocation to mitigate interference with other devices and ensure sufficient bandwidth for transmission.
For claim 14, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches wherein determining the transmission property comprises: determining a rate of the sidelink communication at the UE, a transmission property of the sidelink communication at the UE, or both ([0191-0195], time gap of transmissions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining the transmission property with the method of Lee for determining a rate of sidelink communication to manage resource allocation and reduce interference in the system.
For claim 15, Wei and Lee teach claim 1.
Wei does not explicitly teach, however Lee teaches communicating signaling that indicates the one or more thresholds, wherein switching between the full sensing mode, the partial sensing mode, and the random resource-selection sensing mode is based at least in part on the signaling ([0215] a signaled threshold value is used to determine which sensing mode is switched to).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining the transmission property with the method of Lee for using a signaled threshold value to determine which sensing mode to use to manage resource allocation and reduce interference in the system.
For claim 16, Wei and Lee teach claim 1.
Wei further teaches identifying a sensing configuration per resource pool;
determining an association between the sensing mode, a sensing parameter of the sensing procedure, the determined resource usage level in the wireless communications system, or the determined transmission property associated with the sidelink communication at the UE, or a combination thereof, based at least in part on the sensing configuration per resource pool ([0067], association between channel busy rate threshold and resource pool bandwidth as configuration parameters); and
determining to adjust the sensing mode of the sensing procedure or the sensing parameter of the sensing procedure, or a combination thereof, based at least in part on the determined association ([0073], sensing window length is selected based on corresponding relationship and channel busy rate detection result).
For claim 17, Wei and Lee teach claim 16.
Wei does not explicitly teach, however Lee teaches receiving, from another UE, a message including an indication of the sensing configuration on one or more configured resources ([0267], UE applies sensing configuration based on receiving sensing configuration of other UE).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for identifying a sensing configuration with the method of Lee for applying a configuration based on the received sensing configuration from another UE to increase the rate at which the UEs can communicate and allow for seamless connection with lower power output during sensing.
For claim 18, Wei and Lee teach claim 16.
Wei does not explicitly teach, however Lee teaches receiving, from another UE, a message including an indication of the sensing configuration on one or more periodic reserved resources ([0277], UE performs transmission resource exclusion operation with another UE considering their resource reservation interval).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of Wei for determining an association between the sensing parameter and sidelink communication with the method of Lee for getting an indication of another UE’s configuration on periodic reserved resources to manage resource utilization and avoid conflict between devices.
For claim 19, is rejected on the same basis as claim 1, with the added limitations of a processor, a memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to perform the methods of claim 1 ([0127], a processor, a memory storing instructions executable by the processor).
For claims 23- 27, Wei and Lee teach claim 19.
Claims 23-28 are rejected on the same basis as claims [5-8 and 16-17], respectively.
For claim 29, is rejected on the same basis as claims 1 and 19.
For claim 30, is rejected on the same basis as claim 1, with the additional limitation of a non-transitory computer-readable medium ([0126], non-transitory computer-readable medium).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin T. Ranew whose telephone number is (571)272-2746. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM 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, Ayman Abaza can be reached at (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN T. RANEW/Examiner, Art Unit 2465 /AYMAN A ABAZA/Primary Examiner, Art Unit 2465
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