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 Arguments
2. Applicant’s arguments with respect to claims 1, 3-4, 6, 8-13, 16-17, 20-21, 23-24, and 30-33 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
6. Claims 1, 3-4, 6, 8-12, 16-17, 20-21, 23-24, 30-31, and 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshioka et al., (AU2018455860 (A1)), in view of Liu et al., (Pub. No.: US 2021/0250905 A1).
Regarding Claim 1, (Currently Amended) Yoshioka discloses an apparatus, comprising: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
at least one processor; (Yoshioka, paragraph [0075] processor 1001) and
at least one non-transitory memory (Yoshioka, paragraph [0075] memory device 1002) storing instructions that (Yoshioka, paragraph [0075] storage device 1003 stores instructions) when executed with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus at least to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
receive (Yoshioka, paragraph [0008] receiver that receives) an allocation of at least one transmission resource (Yoshioka, paragraph [0019] resource allocation, paragraph [0021] transmission resource) associated with a second acknowledgement mode, the second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) comprising transmission of a positive acknowledgement (Yoshioka, Fig. 10, paragraphs [0037]-[0038] HARQ-ACK which is a positive acknowledgement/HARQ-ACK resource) and a negative acknowledgement (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, paragraphs [0041], [0043]-[0044], Fig. 12, paragraph [0045] NACK) on at least one first feedback (Yoshioka, paragraph [0021] transmission resource) transmission resource associated with the at least one allocated transmission resource (Yoshioka, paragraph [0019] resource allocation, paragraph [0021] transmission resource);
Yoshioka does not explicitly disclose following:
detect a condition to switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, wherein the condition comprises detecting at least one collision between the at least one first feedback transmission resource and another communication, or detecting entry to a power saving mode, or detecting or measuring at least one radio channel condition comprising at least a received signal strength above a first threshold and a channel busy ratio below a second threshold;
transmit an indication of a switch from the second acknowledgement mode to the first acknowledgement mode, wherein the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource.
However, Yoshioka in view of Liu disclose following:
detect a condition to switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, wherein the condition comprises detecting at least one collision between the at least one first feedback transmission resource and another communication, or detecting entry to a power saving mode, or detecting or measuring at least one radio channel condition comprising at least a received signal strength above a first threshold and a channel busy ratio below a second threshold; (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Liu, further discloses a reference signal received power (RSRP))/ received signal strength, and threshold. Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching, optional limitation, The paragraph [0131], step 935 explicitly discloses BS transmitting the instruction to the UE) and
transmit an indication of a switch from the second acknowledgement mode to the first acknowledgement mode, wherein the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource. (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching, various steps disclose particular action. The paragraph [0131], step 935 explicitly discloses BS transmitting the instruction to the UE)
It would have been obvious to a person having ordinary skill in the art to be motivated to combine the teachings of Yoshioka before the effective filing date of the claimed invention with that of Liu so that detect a condition to switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, wherein the condition comprises detecting at least one collision between the at least one first feedback transmission resource and another communication, or detecting entry to a power saving mode, or detecting or measuring at least one radio channel condition comprising at least a received signal strength above a first threshold and a channel busy ratio below a second threshold; transmit an indication of a switch from the second acknowledgement mode to the first acknowledgement mode, wherein the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource be included in an apparatus. The motivation to combine the teachings of Liu would improve communications reliability. (Liu, paragraphs [0002]-[0014], [0035], [0040])
Regarding Claim 3, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according to claim 1 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
receive (Yoshioka, paragraph [0008] receiver that receives) sidelink control information (Yoshioka, paragraphs [0053]-[0054] sidelink control information (SCI)) comprising an indication of the allocation of the at least one transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource), wherein the at least one transmission resource is allocated (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource) to sidelink transmission (Yoshioka, paragraph [0003] D2D is referred to as “sidelink”, paragraph [0004] D2D communication is sidelink transmission) to one or multiple sidelink receivers (Yoshioka, paragraph [0003] D2D is referred to as “sidelink”, paragraph [0008] discloses receiver, Fig. 14, paragraph [0069] receiver 220), and wherein the at least one first feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback, paragraphs [0053]-[0054] HARQ-feedback) transmission resource (Yoshioka, paragraph [0021] transmission resource) is dedicated to one of the one or multiple sidelink receivers (Yoshioka, paragraph [0003] D2D is referred to as “sidelink”, paragraph [0008] discloses receiver, Fig. 14, paragraph [0069] receiver 220).
Regarding Claim 4, (Currently Amended) The combination of Yoshioka, and Liu disclose the apparatus according to claim 1 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the indication of switching (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) applies to a subset of the allocated transmission resources and wherein the condition to switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) comprises detecting both a received signal strength above a first threshold and a channel busy ratio below a second threshold (Yoshioka, paragraph [0040] measurement of RSSI, RSRP, RSRQ, and SINR).
Regarding Claim 6, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according to claim 1 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
determine to transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) a control message indicative of the switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively).
Regarding Claim 8, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according to claim 1, wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) the negative acknowledgement (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, [0041], [0043]-[0044], Fig. 12, [0045] NACK) in the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) on the at least one first feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource); or
transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) the negative acknowledgement (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, [0041], [0043]-[0044], Fig. 12, [0045] NACK) in the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) on at least one second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource).
Regarding Claim 9, (Original) The combination of Yoshioka, and Liu disclose the apparatus according to claim 8 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the indication of the switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) from the second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) comprises a positive or negative acknowledgement (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, [0041], [0043]-[0044], Fig. 12, [0045] NACK) transmitted on the at least one second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource), wherein the second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource) is configured for indicating a switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) of acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively), and wherein the at least one second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource) is different from the at least one first transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource).
Regarding Claim 10, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according to claim 9 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) an indication of returning to the second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively), wherein the indication of returning to the second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) comprises at least one positive acknowledgement (Yoshioka, Fig. 10, paragraphs [0037]-[0038] HARQ-ACK which is a positive acknowledgement / HARQ-ACK resource) transmitted on the at least one first feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource).
Regarding Claim 11, (Currently Amended) The combination of Yoshioka, and Liu disclose the apparatus according to claim 9 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) the indication of the switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) from the second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) to at least one of a sidelink transmitter (Yoshioka, paragraph [0003] discloses sidelink, paragraph [0008] discloses transmitter, Fig. 14, paragraph [0069] discloses transmitter 210) or to and to one or multiple sidelink receivers (Yoshioka, paragraph [0003] D2D is referred to as “sidelink”, paragraph [0008] discloses receiver, Fig. 14, paragraph [0069] receiver 220).
Regarding Claim 12, (Currently Amended) The combination of Yoshioka, and Liu disclose the apparatus according to claim 8 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
receive (Yoshioka, paragraph [0008] receiver that receives) a configuration of the at least one second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, Fig. 10, paragraph [0058] transmission resource) from at least one of: an upper protocol layer (Yoshioka, paragraph [0017] higher layer is an upper layer, cost efficiency for implementing a higher layer), the sidelink transmitter (Yoshioka, paragraph [0003] discloses sidelink, paragraph [0008] discloses transmitter, Fig. 14, paragraph [0069] discloses transmitter 210), one or multiple sidelink receivers (Yoshioka, paragraph [0003] discloses sidelink, paragraph [0008] discloses receiver, Fig. 18, paragraph [0069] discloses receiver 220), and a base station (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10).
Regarding Claim 16, (Currently Amended) Yoshioka discloses an apparatus, comprising: (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10, here the apparatus is being interpreted as a base station)
at least one processor (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0077], [0077] processor 1001); and
at least one non-transitory memory (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] memory device 1002) storing instructions that (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0077], [0077] processor 1001), cause the apparatus at least to: (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10)
transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) an allocation of at least one transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource) associated with a second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively), the second acknowledgement mode comprising transmission of a positive acknowledgement (Yoshioka, Fig. 10, paragraphs [0037]-[0038] HARQ-ACK which is a positive acknowledgement / HARQ-ACK resource) and a negative acknowledgement on at least one first feedback transmission resource (Yoshioka, paragraph [0021] transmission resource) associated with the at least one allocated transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource);
Yoshioka does not explicitly disclose following:
receive an indication of a switch from the second acknowledgement mode to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, wherein the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource; and
determine whether to retransmit data based on the first acknowledgement mode, wherein determining comprises detecting the indication of the switch based on at least: detecting a missing feedback from a sidelink receiver on the at least one first feedback transmission resource, and detecting the positive or negative acknowledgement on the at least one second feedback transmission resource.
However, Yoshioka in view of Liu disclose following:
receive an indication of a switch from the second acknowledgement mode to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, wherein the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource; (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Liu, further discloses a reference signal received power (RSRP))/ received signal strength, and threshold. Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching, optional limitation) and
determine whether to retransmit data based on the first acknowledgement mode, wherein determining comprises detecting the indication of the switch based on at least: detecting a missing feedback from a sidelink receiver on the at least one first feedback transmission resource, and detecting the positive or negative acknowledgement on the at least one second feedback transmission resource. (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching)
It would have been obvious to a person having ordinary skill in the art to be motivated to combine the teachings of Yoshioka before the effective filing date of the claimed invention with that of Liu so that receive an indication of a switch from the second acknowledgement mode to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, wherein the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource; and determine whether to retransmit data based on the first acknowledgement mode, wherein determining comprises detecting the indication of the switch based on at least: detecting a missing feedback from a sidelink receiver on the at least one first feedback transmission resource, and detecting the positive or negative acknowledgement on the at least one second feedback transmission resource be included in an apparatus. The motivation to combine the teachings of Liu would improve communications reliability (Liu, paragraphs [0002]-[0014], [0040])
Regarding Claim 17, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according claim 16 (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0077], [0077] processor 1001), cause the apparatus to: (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10)
retransmit the data (Yoshioka, paragraph [0008] discloses transmitter which retransmits, paragraph [0009] retransmission control be appropriately executed in inter-terminal direct communication, paragraph [0062] performs retransmission control), wherein the data is associated with the at least one allocated transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource).
Regarding Claim 20, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according claim 16 (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10), wherein the indication of the switch (Yoshioka, paragraphs [0056]-[0061] switch/switching) from the second acknowledgement mode to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1 and option 2 which are mode 1 and mode 2 respectively) comprises a positive (Yoshioka, Fig. 10, paragraphs [0037]-[0038] HARQ-ACK which is a positive acknowledgement/HARQ-ACK resource) or negative acknowledgement (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, [0041], [0043]-[0044], Fig. 12, [0045] NACK) received on the at least one second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, paragraph [0021] transmission resource), wherein the second feedback transmission resource (Yoshioka, paragraph [0021] transmission resource) is configured for indicating a switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) of acknowledgement mode, and wherein the at least one second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, paragraph [0021] transmission resource) is different from the at least one first feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, paragraph [0021] transmission resource).
Regarding Claim 21, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according to claim 20 (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0077], [0077] processor 1001), cause the apparatus to: (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10)
receive an indication of returning to the second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1 and option 2 which are mode 1 and mode 2 respectively), wherein the indication of returning to the second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1 and option 2 which are mode 1 and mode 2 respectively) comprises at least one positive acknowledgement (Yoshioka, Fig. 10, paragraphs [0037]-[0038] HARQ-ACK which is a positive acknowledgement/HARQ-ACK resource) transmitted on the at least one first feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, paragraph [0021] transmission resource).
Regarding Claim 23, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according to claim 20 (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10), wherein the at least one second feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, paragraph [0021] transmission resource) is common to one or multiple sidelink receivers (Yoshioka, paragraph [0003] discloses sidelink, paragraph [0008] discloses receiver, Fig. 13, paragraph [0065] discloses receiver 120).
Regarding Claim 24, (Previously Presented) The combination of Yoshioka, and Liu disclose the apparatus according to claim 23 (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10), wherein the instructions (Yoshioka, Fig. 13, and Fig. 14, paragraph [0077] storage device 1003 stores instructions), when executed with the at least one processor (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0077], [0077] processor 1001), cause the apparatus to: (Yoshioka, Fig. 13, and Fig. 14, paragraphs [0075], and [0077] base station apparatus 10)
detect the indication of the switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) from the second acknowledgement mode to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1 and option 2 which are mode 1 and mode 2 respectively) based on detecting a missing feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) from the one of one or multiple sidelink receivers (Yoshioka, paragraph [0003] discloses sidelink, paragraph [0008] discloses receiver, Fig. 13, paragraph [0065] discloses receiver 120) on the at least one first feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, paragraph [0021] transmission resource).
Regarding Claim 30, (Currently Amended) Yoshioka discloses a method, comprising:
receiving (Yoshioka, paragraph [0008] receiver that receives) an allocation of at least one transmission resource associated with a second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1 and option 2 which are mode 1 and mode 2 respectively), the second acknowledgement mode comprising transmission of a positive acknowledgement and a negative acknowledgement (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, [0041], [0043]-[0044], Fig. 12, [0045] NACK) on at least on first feedback (Yoshioka, paragraph [0039] HARQ feedback) transmission resource associated with the at least one allocated transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] discloses transmission resource);
Yoshioka does not explicitly disclose following:
detecting a condition to switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, where the condition comprises detecting at least one collision between the at least one first feedback transmission resource and another communication, or detection entry to a power saving mode, or detecting or measuring at least one radio channel condition comprising at least a received signal strength above a first threshold and a channel busy ration below a second threshold; and
transmitting an indication of a switch from the second acknowledgement mode to the first acknowledgement, where the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement and is different from the at least one first feedback transmission resource.
However, Yoshioka, in view of Liu disclose following:
detecting a condition to switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, where the condition comprises detecting at least one collision between the at least one first feedback transmission resource and another communication, or detection entry to a power saving mode, or detecting or measuring at least one radio channel condition comprising at least a received signal strength above a first threshold and a channel busy ration below a second threshold; (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Liu, further discloses a reference signal received power (RSRP))/ received signal strength, and threshold. Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching, optional limitation) and
transmitting an indication of a switch from the second acknowledgement mode to the first acknowledgement, where the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement and is different from the at least one first feedback transmission resource. (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching)
It would have been obvious to a person having ordinary skill in the art to be motivated to combine the teachings of Yoshioka before the effective filing date of the claimed invention with that of Liu so that detecting a condition to switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, where the condition comprises detecting at least one collision between the at least one first feedback transmission resource and another communication, or detection entry to a power saving mode, or detecting or measuring at least one radio channel condition comprising at least a received signal strength above a first threshold and a channel busy ration below a second threshold; and transmitting an indication of a switch from the second acknowledgement mode to the first acknowledgement, where the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement and is different from the at least one first feedback transmission resource be included in a method. The motivation to combine the teachings of Liu would improve communications reliability. (Liu, paragraphs [0002]-[0014], [0035], [0040])
Regarding Claim 31, (Currently Amended) Yoshioka discloses a method, comprising:
transmitting (Yoshioka, paragraph [0008] discloses transmitter which transmits) an allocation of at least one transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] discloses transmission resource) associated with a second acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1 and option 2 which are mode 1 and mode 2 respectively), the second acknowledgement mode comprising transmission of a positive acknowledgement (Yoshioka, Fig. 10, paragraphs [0037]-[0038] HARQ-ACK which is a positive acknowledgement/HARQ-ACK resource) and a negative acknowledgement (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, [0041], [0043]-[0044], Fig. 12, [0045] NACK) on at least one first feedback (Yoshioka, Fig. 10, paragraph [0039] HARQ feedback) transmission resource (Yoshioka, paragraph [0021] discloses transmission resource) associated with the at least one allocated transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] discloses transmission resource);
Yoshioka does not explicitly disclose following:
receiving an indication of a switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, where the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource; and
determining whether to retransmit data based on the first acknowledgement mode, wherein determining comprises detecting the indication of the switch based on at least detecting a missing feedback from a sidelink receiver on the at least one first feedback transmission resource, and detecting the positive or negative acknowledgement on the at least one second feedback transmission resource.
However, Yoshioka in view of Liu disclose following:
receiving an indication of a switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, where the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource; (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Liu, further discloses a reference signal received power (RSRP))/ received signal strength, and threshold. Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching, optional limitation)
and
determining whether to retransmit data based on the first acknowledgement mode, wherein determining comprises detecting the indication of the switch based on at least detecting a missing feedback from a sidelink receiver on the at least one first feedback transmission resource, and detecting the positive or negative acknowledgement on the at least one second feedback transmission resource. (Liu, paragraph [0040] discloses switching between the NACK only feedback mode and ACK/NACK feedback mode based on channel condition and/or network load, Fig. 3 explicitly illustrates NACK, ACK/NACK, no NACK. Further it illustrates NACK-only feedback mode 304, ACK/NACK feedback mode 306, feedback mode switch 350, Fig. 6 illustrates ACK/NACK feedback mode 306, NACK-only feedback mode 304, Fig. 3 paragraphs [0066]-[0077], Fig. 6, paragraphs [0094]-[0097] and Fig. 9, paragraphs [0122]-[0140] illustrate feedback mode switching)
It would have been obvious to a person having ordinary skill in the art to be motivated to combine the teachings of Yoshioka before the effective filing date of the claimed invention with that of Liu so that receiving an indication of a switch to a first acknowledgement mode comprising transmission of the negative acknowledgement and not transmission of the positive acknowledgement, where the indication comprises a control message transmitted on a second feedback transmission resource, wherein the second feedback transmission resource indicates the switch of acknowledgement mode and is different from the at least one first feedback transmission resource; and determining whether to retransmit data based on the first acknowledgement mode, wherein determining comprises detecting the indication of the switch based on at least detecting a missing feedback from a sidelink receiver on the at least one first feedback transmission resource, and detecting the positive or negative acknowledgement on the at least one second feedback transmission resource be included in a method. The motivation to combine the teachings of Liu would improve communications reliability (Liu, paragraphs [0002]-[0014], [0035], [0040])
Regarding Claim 36, (New) The combination of Yoshioka, and Liu disclose the apparatus according to claim 1 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the indication of the switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) from the second acknowledgement mode to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) comprises an indication of applying the first acknowledgement mode to a subset of a plurality of the allocated transmission resources (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource).
Regarding Claim 37, (New) The combination of Yoshioka, and Liu disclose the apparatus according to claim 1 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the indication of the switch (Yoshika, paragraphs [0056]-[0062] disclose switch/switching) from the second acknowledgement mode to the first acknowledgement mode (Yoshioka, paragraphs [0057]-[0059] disclose option 1, and option 2 which are mode 1 and mode 2 respectively) comprise a configured pattern of one or more skipped acknowledgements, one or more positive acknowledgements (Yoshioka, Fig. 10, paragraphs [0037]-[0038] HARQ-ACK which is a positive acknowledgement/HARQ-ACK resource), and one or more negative acknowledgements (Yoshioka, Fig. 10, paragraph [0040] negative acknowledgement (NACK), Fig. 11, paragraphs [0041], [0043]-[0044], Fig. 12, paragraph [0045] NACK).
7. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshioka et al., (AU2018455860 (A1)), and Liu et al., (Pub. No.: US 2021/0250905 A1), in view of Uchiyama Hiromasa, (International Publication Number: WO 2020/166221 A1).
Regarding Claim 13, (Currently Amended) The combination of Yoshioka, and Liu disclose the apparatus according to claim 1 (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20), wherein the at least one second feedback transmission resource is common to multiple sidelink receivers (Yoshioka, paragraph [0003] D2D is referred to as “sidelink”, paragraph [0008] discloses receiver, Fig. 14, paragraph [0069] receiver 220), and
wherein the at least one memory (Yoshioka, paragraph [0075] memory device 1002) and the computer code are further configured to, with the at least one processor (Yoshioka, paragraph [0075] processor 1001), cause the apparatus to: (Yoshioka, Abstract, user device, Fig. 13 and Fig. 14, paragraph [0075] user equipment 20)
determine to transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) with the at least one allocated transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource) over the other communication; or
determine to transmit (Yoshioka, paragraph [0008] discloses transmitter which transmits) with the at least one allocated transmission resource (Yoshioka, paragraph [0019] discloses resource allocation, paragraph [0021] transmission resource).
Yoshioka, and Liu do not disclose following:
the control message indicative of the switch to the first acknowledgement mode, in response to prioritizing the other communication over the acknowledgement of the data associated,
However, Yoshioka, and Liu in view of Uchiyama Hiromasa disclose following:
the control message indicative of the switch to the first acknowledgement mode, in response to prioritizing the other communication over the acknowledgement of the data associated, (Uchiyama Hiromasa, “The control unit controls the switching of the HARQ feedback mode based on the information on the identifier of the group including the own device and the information on the number of devices in the group. The communication device according to paragraph [0001], wherein the control unit further controls switching of the HARQ feedback mode based on the priority of the packet communicated through the communication unit. The communication device according to paragraph [0001], wherein the control unit further changes a resource used in the inter-device communication based on an identifier of a group including the own device.”, paragraphs [0007]-[0008])
It would have been obvious to a person having ordinary skill in the art to be motivated to combine the teachings of Yoshioka, and Liu before the effective filing date of the claimed invention with that of Uchiyama Hiromasa so that the control message indicative of the switch to the first acknowledgement mode, in response to prioritizing the other communication over the acknowledgement of the data associated be included in the apparatus. The motivation to combine the teachings of Uchiyama Hiromasa would enable the association between changing the HARQ mode and the priority of the packet. (Uchiyama Hiromasa, Abstract, paragraphs [0001]-[0008])
Conclusion
8. 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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY K DEWAN whose telephone number is (571)272-4086. The examiner can normally be reached 9 AM to 5:30 PM M-F.
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/S.K.D./Examiner, Art Unit 2472
/ANDREW W CHRISS/Primary Examiner, Art Unit 2472