CTNF 18/036,138 CTNF 89587 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1, 12, 16, 26, 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al (US 2020/0351705, hereinafter Chae) and in view of Zhang et al (US 2019/0253920, hereinafter Zhang) . Regarding claim 1 , Chae discloses a method of sidelink communications, comprising: identifying at least one slot in a measurement window as a channel busy ratio (CBR) relevant slot ( wireless device may vary a CBR measurement window size, where the window includes slots, Para [0384], CBR measurement window includes sidelink slots, Fig. 23 ); calculating a CBR based on measurements in a number of CBR relevant slots ( wireless device measures CBR based on a fixed quantity of slots, Para [0384], CBR measurement is based on the plurality of sidelink slots, Para [0395] ); and transmitting, or refraining from transmitting, a sidelink transmission based at least on the CBR ( wireless device transmits one or more communications based on the congestion control parameter which comprises the CBR, Para [0391] ); but does not disclose wherein the measurement window includes a first number of slots and a second number of CBR relevant slots, where the second number is less than the first number. Zhang discloses monitoring WLAN traffic in an observation window, Para [0106], and the UE can make N number of observations during the observation window to determine if medium is busy (e.g. observation window is 20 slots with 5 observations), Para [0108], this means there are 5 relevant slots, which is less than 15 non-relevant slots during the window, and the BS can schedule WLAN observations to occur when there is no cellular traffic, to exclude contribution of the cellular traffic, Para [0124], meaning the relevant observation slots are not interfered with, further this applies to other RATs, Para [0100], so in this case measuring CBR for D2D instead of WLAN. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhang in the system of Chae in order to avoid interference between different RATs and to measure the busy ratio of a specific RAT. Regarding claims 12 and 26 , Chae discloses the method/apparatus of claim 1/16, but not wherein the first number of slots determined based on a second number of CBR relevant slots. Zhang discloses the UE can make N number of observations during the observation window to determine if medium is busy (e.g. observation window is 20 slots with 5 observations), Para [0108], this means there are 5 relevant slots, which is less than 15 non-relevant slots during the window. Regarding claim 16 , Chae discloses an apparatus ( wireless device, Fig. 3 ) for sidelink communication, comprising: a memory configured to store instructions and one or more processors ( memory and processor, Fig. 3 ) communicatively coupled with the memory, wherein the one or more processors are configured to: identify at least one slot in a measurement window as a channel busy ratio (CBR) relevant slot ( wireless device may vary a CBR measurement window size, where the window includes slots, Para [0384], CBR measurement window includes sidelink slots, Fig. 23 ); calculate a CBR based on at least a measurement in at least the CBR relevant slot ( wireless device measures CBR based on a fixed quantity of slots, Para [0384], CBR measurement is based on the plurality of sidelink slots, Para [0395] ); and transmit, or refrain from transmitting, a sidelink transmission based at least on the CBR ( wireless device transmits one or more communications based on the congestion control parameter which comprises the CBR, Para [0391] ); but does not disclose wherein the measurement window includes a first number of slots and a second number of CBR relevant slots, where the second number is less than the first number. Zhang discloses monitoring WLAN traffic in an observation window, Para [0106], and the UE can make N number of observations during the observation window to determine if medium is busy (e.g. observation window is 20 slots with 5 observations), Para [0108], this means there are 5 relevant slots, which is less than 15 non-relevant slots during the window, and the BS can schedule WLAN observations to occur when there is no cellular traffic, to exclude contribution of the cellular traffic, Para [0124], meaning the relevant observation slots are not interfered with, further this applies to other RATs, Para [0100], so in this case measuring CBR for D2D instead of WLAN. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhang in the system of Chae in order to avoid interference between different RATs and to measure the busy ratio of a specific RAT. Regarding claim 29 , Chae discloses a non-transitory computer readable medium storing instructions ( computer readable medium, Para [0266] ), executable by a processor, for wireless communications, comprising instructions for: identifying at least one slot in a measurement window as a channel busy ratio (CBR) relevant slot ( wireless device may vary a CBR measurement window size, where the window includes slots, Para [0384], CBR measurement window includes sidelink slots, Fig. 23 ); calculating a CBR based on at least a measurement in at least the CBR relevant slot ( wireless device measures CBR based on a fixed quantity of slots, Para [0384], CBR measurement is based on the plurality of sidelink slots, Para [0395] ); and transmitting, or refraining from transmitting, a sidelink transmission based at least on the CBR ( wireless device transmits one or more communications based on the congestion control parameter which comprises the CBR, Para [0391] ); but does not disclose wherein the measurement window includes a first number of slots and a second number of CBR relevant slots, where the second number is less than the first number. Zhang discloses monitoring WLAN traffic in an observation window, Para [0106], and the UE can make N number of observations during the observation window to determine if medium is busy (e.g. observation window is 20 slots with 5 observations), Para [0108], this means there are 5 relevant slots, which is less than 15 non-relevant slots during the window, and the BS can schedule WLAN observations to occur when there is no cellular traffic, to exclude contribution of the cellular traffic, Para [0124], meaning the relevant observation slots are not interfered with, further this applies to other RATs, Para [0100], so in this case measuring CBR for D2D instead of WLAN. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhang in the system of Chae in order to avoid interference between different RATs and to measure the busy ratio of a specific RAT. Regarding claim 30 , Chae discloses an apparatus ( wireless device, Fig. 3 ) for sidelink communication, comprising: means for identifying at least one slot in a measurement window as a channel busy ratio (CBR) relevant slot ( wireless device may vary a CBR measurement window size, where the window includes slots, Para [0384], CBR measurement window includes sidelink slots, Fig. 23 ); means for calculating a CBR based on at least a measurement in at least the CBR relevant slot ( wireless device measures CBR based on a fixed quantity of slots, Para [0384], CBR measurement is based on the plurality of sidelink slots, Para [0395] ); and means for transmitting, or refraining from transmitting, a sidelink transmission based at least on the CBR ( wireless device transmits one or more communications based on the congestion control parameter which comprises the CBR, Para [0391] ); but does not disclose wherein the measurement window includes a first number of slots and a second number of CBR relevant slots, where the second number is less than the first number. Zhang discloses monitoring WLAN traffic in an observation window, Para [0106], and the UE can make N number of observations during the observation window to determine if medium is busy (e.g. observation window is 20 slots with 5 observations), Para [0108], this means there are 5 relevant slots, which is less than 15 non-relevant slots during the window, and the BS can schedule WLAN observations to occur when there is no cellular traffic, to exclude contribution of the cellular traffic, Para [0124], meaning the relevant observation slots are not interfered with, further this applies to other RATs, Para [0100], so in this case measuring CBR for D2D instead of WLAN. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Zhang in the system of Chae in order to avoid interference between different RATs and to measure the busy ratio of a specific RAT . 07-21-aia AIA Claim s 2-10, 13-15, 17-24, 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Chae, in view of Zhang and in view of Lee et al (US 2020/0187252, hereinafter Lee, as disclosed by Applicant in the IDS) . Regarding claims 2 and 17 , Chae discloses the method/apparatus of claim 1/16, wherein the determining the CBR relevant slot, comprises one or a combination of: detecting a sidelink transmission in the at least one slot; detecting the at least one slot as a slot included in a sidelink channel occupancy; or detecting the at least one slot as a slot free of transmissions from radio access technologies (RATs) other than sidelink communications. Lee discloses a sidelink slot is a slot where the UE is capable of performing sidelink communication, Para [0135]. Chae discloses a wireless device can determine a subchannel being used by another wireless device based on control channel decoding or energy measurement, Para [0374]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Lee in the system of Chae in view of Zhang in order to support flexible slot formats for sidelink communications. Regarding claims 3 and 18 , Chae discloses the method/apparatus of claim 2/17, wherein the detecting the sidelink transmission, comprises detecting based on one or a combination of: decoding sidelink control information (SCI) in the slot; decoding at least one Physical Sidelink Control Channel (PSCCH) transmission; or detecting at least one sidelink-specific signal. Lee discloses a UE can decode a PSCCH, Para [0122]. Regarding claims 4 and 19 , Chae discloses the method/apparatus of claim 2/17, wherein the detecting the at least one slot as a slot included in the sidelink channel occupancy, comprises detecting based on at least one of: decoding a first signaling in the slot indicating that the slot is a part of the sidelink channel occupancy; decoding a second signaling in an earlier slot than the slot, the second signaling indicating that the slot included is a part of the sidelink channel occupancy; or decoding a third signaling in a later slot than the slot, the third signaling indicating that the slot included is a part of the sidelink channel occupancy. Lee discloses decoding sidelink signals and channels, Para [0141], in sidelink slots, Para [0135]. Regarding claims 5 and 20 , Chae discloses the method/apparatus of claim 2/17, wherein the detecting the at least one slot being free of transmissions from RATs other than sidelink communications comprises: measuring an energy level in an energy detection (ED) window in the slot; determining whether the energy level is below an ED threshold or above the ED threshold; and determining the slot being free of transmissions from RATs other than sidelink communications in response to determining that the energy level in the ED window is below the ED threshold. Lee discloses determining if energy level exceeds a predetermined level or not, Para [0126], where other RATs are being used, Para [0209]. Chae discloses the channel is active if the RSSI are above a threshold, Para [0357] and channel is determined available based on fewer active wireless communication connections, Para [0357]. Regarding claims 6 and 21 , Chae discloses the method/apparatus of claim 5/20, wherein the ED window is a time window in a gap portion of the slot, wherein the gap portion has no sidelink transmissions ( optional limitation based on claim 2, obvious the ED window could be in a specific portion of a slot ). Regarding claims 7 and 22 , Chae discloses the method/apparatus of claim 5/20, wherein the ED window is a time window in a non-gap portion of the slot. ( optional limitation based on claim 2, obvious the ED window could be in a specific portion of a slot ). Regarding claims 8 and 23 , Chae discloses the method/apparatus of claim 2/17, wherein the detecting the at least one slot being free of transmissions from RATs other than sidelink communications, comprises: performing a sidelink received signal strength indicator (RSSI) measurement in the slot; determining whether the sidelink RSSI measurement is below an RSSI threshold or above the RSSI threshold; and determining the slot being free of transmissions from RATs other than sidelink communications in response to determining that the sidelink RSSI measurement is below the RSSI threshold. Lee discloses determining if energy level exceeds a predetermined level or not, Para [0126], where other RATs are being used, Para [0209]. Chae discloses the channel is active if the RSSI are above a threshold, Para [0357] and channel is determined available based on fewer active wireless communication connections, Para [0357]. Regarding claims 9 and 24 , Chae discloses the method/apparatus of claim 8/23, wherein the performing the sidelink received signal strength indicator (RSSI) measurement in the slot, comprises: identifying a gap in the slot, wherein the gap is a recurring gap with no sidelink transmissions in the gap; and determining an absence of a transmission from a RAT other than sidelink communications in the gap ( optional limitation based on claim 2 ). Regarding claim 10 , Chae discloses the method of claim 9, wherein the gap is located at one of: a beginning of the sidelink slot; an end of the sidelink slot; or within the sidelink slot ( optional limitation based on claim 2 ). Regarding claims 13 and 27 , Chae discloses the method/apparatus of claim 1/16, further comprising: determining a first set of resources in the CBR relevant slot having a total number of resources in an unlicensed spectrum; determining a first number of busy resources in the first set of resources in a channel occupancy ratio (CR) evaluation window; and determining a CR based at least on the first number of busy resources and the total number of resources in the CBR relevant slot ( indicating a quantity of subchannels within a CR measurement window and measuring CR and determine if it falls in an acceptable range, Para [0359] , CR is the sum of subchannels used in subframes divided by the total number of subchannels, Para [0382] ). Regarding claims 14 and 28 , Chae discloses the method/apparatus of claim 1/16, but not wherein the sidelink transmission occupies greater channel bandwidth than a transmission from a radio access technology (RAT) other than sidelink communications, the method further comprising: determining a shared slot as the CBR relevant slot in subchannels not occupied by the RAT other than sidelink communications, the shared slot being shared among sidelink communications and the RAT other than sidelink communications ( obvious variation to one of ordinary skill where the slot is usable by sidelink communications or other RATs, known in the art RATs can use the same slot but use different frequencies ). Regarding claim 15 , Chae discloses the method of claim 2, further comprising: receiving system configuration information that includes a CBR relevant slot procedure indicator that identifies a CBR relevant slot procedure as one of: detecting the sidelink transmission in the at least one slot; detecting the at least one slot as the slot included in the sidelink channel occupancy; or detecting the at least one slot as the slot free of transmissions from the RATs other than sidelink communications; and wherein the determining the CBR relevant slot comprises determining according to the CBR relevant slot procedure identified by the CBR relevant slot procedure indicator. Chae discloses receiving SCS and resource pool configuration, Para [0389] for performing congestion control measurement and a wireless device can determine a subchannel being used by another wireless device based on control channel decoding or energy measurement, Para [0374], obvious that CBR configuration can be received. Lee discloses a sidelink slot is a slot where the UE is capable of performing sidelink communication, Para [0135] . Response to Arguments 07-37 AIA Applicant's arguments filed 3/12/2026 have been fully considered but they are not persuasive. Applicant argues the references do not disclose the limitations in the claim. Applicant argues the example cited by the Examiner is not explicitly stated in the disclosure of Zhang. The Applicant argues the cited example by the Examiner is not in Para [0108]. Applicant argues Zhang does not directly mention slots. In response, “A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton.”KSR, 550 U.S. at 421, 82 USPQ2d at 1397” (MPEP 2141). Applicant argues Para [0108] states the periodicity of accessing the medium is 1 ms and the observation window is 10 ms, therefore number of observations, N=10. The Examiner is giving a different example, where observation window is 10 ms and periodicity for accessing the medium is 2 ms, according to Zhang’s equation in Para [0108], there would be 5 number of observations over the duration of 20 slots (.5ms=1slot, therefore 10ms =20 slots). Chae discloses slots, further it is well known in the art 1 slot is .5ms, so the 10ms observation window, in Zhang, would be 20 slots. The slot where an observation takes place is a “relevant” slot. Applicant argues over hindsight. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin , 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Applicant argues the Examiner took official notice on claim 14 and did not provide any evidence. In response, “to adequately traverse a finding based on official notice, an applicant must specifically point out the supposed errors in the examiner’s action, which would include stating why the noticed fact is not considered to be common knowledge or well-known in the art” (MPEP 2144). Applicant states it is a conclusory statement and does not identify a reference but does not state what the error is. The claim just states a shared slot could have sidelink communication and some other RAT, which is obvious that these two communications can be in the same slot but occurring over different frequency resources. Applicant doesn’t dispute this in the argument . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461 Application/Control Number: 18/036,138 Page 2 Art Unit: 2461 Application/Control Number: 18/036,138 Page 3 Art Unit: 2461 Application/Control Number: 18/036,138 Page 4 Art Unit: 2461 Application/Control Number: 18/036,138 Page 5 Art Unit: 2461 Application/Control Number: 18/036,138 Page 6 Art Unit: 2461 Application/Control Number: 18/036,138 Page 7 Art Unit: 2461 Application/Control Number: 18/036,138 Page 8 Art Unit: 2461 Application/Control Number: 18/036,138 Page 9 Art Unit: 2461
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