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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5-17-23 & 3-19-25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 11-12-25. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1 & 23 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) 1 & 23 recite(s) the series of steps of “performing reception of Physical Sidelink Control Channel and (RSRP) measurement only on a sensing occasion from slots in a discontinuous reception (DRX) inactive time of a DRX cycle; and determining a resource for a sidelink transmission based on the Physical Sidelink Control Channel and the RSRP measurement”{claims 1 & 23}, which is a method of organizing human activity by merely using a computer {claim 23} as a tool to perform the reception and determining steps in claims 1 & 23 {MPEP 2106.04(a)(2) Part( II)}, thus, this judicial exception is not integrated into a practical application.
The claim(s) 1 & 23 do not include additional elements {e.g., “performing reception of Physical Sidelink Control Channel and (RSRP) measurement and in a discontinuous reception (DRX) inactive time of a DRX cycle”} are well known in the art.
Therefore, the claim(s) 1 & 23 is/are rejected under 35 U.S.C. 101.
In order for claims 1 & 23 to be eligible under 101, the claimed invention of claim 1 as a whole must be useful and accomplish a practical application. That is, it must produce a “useful, concrete and tangible result.” State Street, 149 F.3d at 1373-74 USPQ2d at 1601-02. The purpose of this requirement is to limit patent protection to invention that possess a certain level of “real world” value, as opposed to subject matter that represent nothing more than an idea or concept, or is simply a starting point for further investigation or research (Brenner v. Manson, 383 U.S. 519, 528-36, 148 USPQ 689, 693-96 (1966)); In reFisher, 992 F.2d 1197, 1200-03, 26 USPQ2d 1600, 1603-06 (Fed. Cir. 1993)).
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) 1 & 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aktas (US 2022/0132486 A1) in view of Huang (US 2021/0037468 A1).
Regarding Claim 1.
A method for a first terminal device {Aktas (US 2022/0132486 A1): UE A 502-Fig.5} communications, the method, comprising:
performing reception of Physical Sidelink Control Channel and (RSRP) measurement only on a sensing occasion from slots in a Discontinuous Reception (DRX) inactive time of a DRX cycle {Aktas: ¶0147 wherein “UE A 502-Fig.5 can determine a received power by estimating a reference signal received power (RSRP) based on a demodulation reference signal (DMRS) included in a transmission from UE B 504-Fig.5. In a more particular example, the DMRS can be included in an SCI message transmitted by UE B 504, and/or any other suitable message transmitted using the PSCCH”; In other words, UE A 502-Fig.5 receiving power RSRP of a message on PSCCH, emphasis added, see also ¶0121 wherein “the UE can record an RSRP for each signal (e.g., a signal transmitted using the PSSCH or PSCCH) the UE detects from a particular UE”, ¶0148 & ¶0151}; and
determining a resource for a sidelink transmission based on a Physical Sidelink Control Channel and the RSRP measurement {Aktas: ¶0153 wherein “UE A 502 (and/or UE B 504) can use an adaptive threshold and/or a signal-to-interference (SIR) threshold based on a power (the claimed RSRP) of a signal (the claimed sidelink transmission) received from a transmitting UE (e.g., UE B 504) to determine which resources are available (available resource for sidelink to UE B 504-Fig.5, emphasis added)”, see also ¶0120 wherein “a sensing UE may estimate an RSRP of a signal transmitted on a sidelink data channel (e.g., a physical sidelink shared channel, PSSCH). Here, the RSRP may be estimated based on a DMRS associated with the message. Thus, a sensing UE can use an RSRP of the SCI and/or an RSRP of a signal transmitted on the PSSCH to determine whether a resource reserved by the device that transmitted the signal is available for use by the sensing UE”}.
Aktas does not explicitly disclose “from slots in a Discontinuous Reception (DRX) inactive time of a DRX cycle”.
However, in the same field of endeavor, Huang (US 2021/0037468 A1) discloses “from slots in a Discontinuous Reception (DRX) inactive time of a DRX cycle” {Huang: ¶0477 wherein “the second duration may comprise a first set of slot(s) and a second set of slot(s). The value of the second duration may be equal to cardinality of the first set of slots and cardinality of the second set of slots. The DRX pattern could indicate when the first UE wakes up and sleep. The DRX pattern could indicate that the first UE monitor or sense in the first set of slots, and may not monitor or sense in the second set of slots. And… cardinality of the first set of slots could be derived from the first duration. The first set of slots may at least comprise (reserved) resource indicated by signal received in the first duration”}. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to Huang's teaching to Aktas' system with the motivation being for “providing power saving of monitoring for device-to-device communication in a wireless communication system.”{Huang: ¶0002}
Regarding Claim 23.
-Claim 23 is rejected with the same reasons as set forth in claim 1 and further as following:
A terminal device, comprising:
a processor {Aktas: processor 404-Fig.4 and ¶0087-¶0088, ¶0113-¶0114 & ¶0116; Huang: CPU 308-Fig.3 and ¶0590 & ¶0598-¶0604}; and
a memory {Aktas: memory 405 & 406 in Fig.4 and ¶0088, ¶0113-¶0115 & ¶0117; Huang: memory 310-Fig.3 and ¶0590 & ¶0598-¶0604} coupled to the processor and storing instructions thereon, the instructions, when executed by the processor, causing the terminal device to perform a method, comprising:
performing reception of Physical Sidelink Control Channel and (RSRP) measurement only on a sensing occasion from slots in a Discontinuous Reception (DRX) inactive time of a DRX cycle; and
determining a resource for a sidelink transmission based on a Physical Sidelink Control Channel and the RSRP measurement.
Response to Arguments
Applicant's arguments filed 11-12-25 have been fully considered but they are not persuasive.
A/. Applicant argued that by using the combination of PSCCH reception, RSRP measurement, and DRX-timed control is non-conventional.
In reply, the PSCCH reception, RSRP measurement and DRX-timed control is well known, see 103 rejection in paragraph 9 as set forth as above. In other words, by using a computer to receive PSCCH, and measure RSRP in DRX timed control is well known and is a method of organizing human activity by merely using a computer {claim 23} as a tool to perform the reception and determining steps in claims 1 & 23 {MPEP 2106.04(a)(2) Part( II)}, thus, this judicial exception is not integrated into a practical application.
B/. Regarding the argument with respect to the previous 102 rejection by Shin and 103 rejection over Shin in view of Aktas.
-In reply, the applicant’s argument is found persuasive. Therefore, previous 102-103 rejections are hereby withdrawn.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee ( US 20230232374 A1) discloses a method by which a first device performs wireless communication and an apparatus for supporting same. The method comprises the steps of: determining a selection window; selecting Y candidate slots within the selection window; determining at least one slot related to the Y candidate slots, on the basis of a resource reservation period value set for a resource pool; selecting at least one sidelink (SL) resource from among SL resources included in the Y candidate slots, on the basis of sensing the at least one slot; and performing SL communication on the basis of the at least one SL resource, wherein the value of Y may be a positive integer {Figs.7-16}.
Farag (US 20230337193 A1) discloses methods and apparatuses for inter user equipment (UE) coordination signaling. A method of operating a UE includes determining a first set of first sidelink (SL) resources based on SL sensing and resource exclusion; selecting a first one or more SL resources within the first determined set for reservation, transmitting information about the first one or more SL resources, and receiving inter UE co-ordination information indicating whether a SL resource in the first one or more SL resources has a conflict. The method further includes transmitting on one of the first one or more SL resources, when the one SL resource does not have a conflict; and determining a second set of SL resources based on SL sensing and resource exclusion, and selecting a second one or more SL resources within the second set for transmission and reservation, when all of the first one or more SL resources have a conflict {Figs.6-14}.
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.
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/PHUONGCHAU BA NGUYEN/Primary Examiner, Art Unit 2464