Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1, 3-5, 9-10, 12-15 and 20 is/are is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 2022/0303954) in view of Ye et al. (US 2024/0023146).
Regarding claim 1, Medina discloses an apparatus (Hwang, paragraph [0004], UEs), comprising:
at least one processor and at least one memory including a computer program code, wherein the at least one memory and the computer program code are configured, with the at least one processor (Hwang, paragraph [0017], processor, memory storing instructions executable by the processor), to cause the apparatus to:
receive, from a first device, a first sidelink control information SCI indicating a first reserved radio resource for transmission by the first device (Hwang, paragraph [0011], receiving first SCI from a second UE and receiving second SCI from a third UE, determining a resource conflict based on a resource reserved by the first SCI overlapping a resource reserved by the second SCI; paragraph [0104], UE transmits SCI to another UE through PSCCH and then transmit data to the another UE through a PSSCH based on the SCI);
receive, from a second device, a second SCI indicating a second reserved radio resource for transmission by the second device (Hwang, paragraph [0011], receiving first SCI from a second UE and receiving second SCI from a third UE, determining a resource conflict based on a resource reserved by the first SCI overlapping a resource reserved by the second SCI; paragraph [0104], UE transmits SCI to another UE through PSCCH and then transmit data to the another UE through a PSSCH based on the SCI);
detect that the second reserved radio resource overlaps at least partially with the first reserved radio resource in a time domain or frequency domain (Hwang, Figs. 3, 5; paragraph [0011], receiving first SCI from a second UE and receiving second SCI from a third UE, determining a resource conflict based on a resource reserved by the first SCI overlapping a resource reserved by the second SCI);
determine a first received signal strength associated with the received first SCI, wherein the first received signal strength comprises a reference signal received power (RSRP) associated with the received first SCI (Hwang, paragraph [0011], first and second PSCCH contain first and second SCI, RSRPs measured on the first PSCCH and the second PSCCH);
determine a second received signal strength associated with the received second SCI, wherein the second received signal strength comprises a RSRP associated with the received second SCI (Hwang, paragraph [0011], first and second PSCCH contain first and second SCI, RSRPs measured on the first PSCCH and the second PSCCH);
determine a first modulation and coding scheme MCS applied by the first device, and a second MCS applied by the second device (Hwang, paragraphs [0122]-[0126], SCI includes MCS information; paragraph [0299], all or some of the specific thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict);
determine a first fraction of the first reserved radio resource that overlaps with the second reserved radio resource or a second fraction of the second reserved radio resource that overlaps with the first reserved radio resource, wherein the first fraction is determined by dividing a number of overlapping frequency subchannels by a total number of frequency subchannels in the first reserved radio resource, and wherein the second fraction is determined by dividing a number of overlapping frequency subchannels by a total number of frequency subchannels in the second reserved radio resource (Hwang, paragraph [0310], resource conflict occurs due to overlap in time-frequency resources of different PSCCH resources, determine whether an overlap degree of the resources, for example, the number of subchannels overlapping, based on SCI received, is equal to or greater than a threshold; paragraph [0312], determining whether the ratio of the number of allocated subchannels compared to the number of subchannels overlapping between resources is equal to or greater than a threshold);
based on the at least one of the first MCS or the second MCS and at least one of the first fraction or the second fraction, determine at least one threshold (Hwang, paragraphs [0122]-[0126], SCI includes MCS information; paragraph [0299], all or some of the specific RSRP thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict; paragraph [0310], resource conflict occurs due to overlap in time-frequency resources of different PSCCH resources, determine whether an overlap degree of the resources, for example, the number of subchannels overlapping, based on SCI received, is equal to or greater than a threshold; paragraph [0311], overlap threshold may vary depending on MCS value and/or data rate and/or RSRP measurement; paragraph [0312], determining whether the ratio of the number of allocated subchannels compared to the number of subchannels overlapping between resources is equal to or greater than a threshold);
determine a ratio between the first received signal strength and the second received signal strength; compare the ratio to the at least one threshold (Hwang, paragraph [0298], difference between RSRP values from different UEs is equal to or less than a threshold; although Hwang does not explicitly disclose the terminology “a ratio of” signals strengths, it would have been well known to a person of ordinary skill in the art, at the time of the invention, that a difference in powers is most commonly expressed in decibels, which is, by definition, a ratio); and
when the ratio is less than the at least one threshold, transmit a resource conflict indication to at least one of the first device or the second device (Hwang, paragraph [0298], transmit the resource conflict indicator if RSRP measurement is equal to or greater than a specific threshold or if difference between RSRP values from different UEs is equal to or less than a threshold; paragraph [0299], all or some of the specific thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict), and
when the ratio is greater than or equal to the at least one threshold, refrain from transmitting the resource conflict indication to the at least one of the first device of the second device (Hwang, paragraph [0289], send resource conflict indicator only in a specific situation; paragraph [0298], transmit the resource conflict indicator if RSRP measurement is equal to or greater than a specific threshold or if difference between RSRP values from different UEs is equal to or less than a threshold).
The Examiner includes the Ye reference, which more explicitly discloses dividing, in order to expedite prosecution.
Ye discloses determine a first fraction of the first reserved radio resource that overlaps with the second reserved radio resource or a second fraction of the second reserved radio resource that overlaps with the first reserved radio resource, wherein the first fraction is determined by dividing a number of overlapping frequency subchannels by a total number of frequency subchannels in the first reserved radio resource, and wherein the second fraction is determined by dividing a number of overlapping frequency subchannels by a total number of frequency subchannels in the second reserved radio resource (Ye, paragraph [0052], candidate resources SA are resources from the total resources SM that are not reserved for a peer UE by SL signaling received with an RSRP that exceeds an RSRP threshold; paragraph [0061], determine whether at least a given percentage B1 of the total resources SM remain candidate resources SA, determine whether at least a given percentage B2 of the resources in SM that do not overlap the LTE resource pool remain candidate resources SA; paragraph [0062], ensuring that a larger percentage of non-overlapped resources remain than a percentage of overlapped resources; paragraph [0170], SL resource pool comprises slots in time and subchannels in frequency);
based on the at least one of the first fraction or the second fraction, determine at least one threshold (Ye, paragraph [0065], increasing the RSRP threshold if too few resources do not overlap; paragraph [0072], SL RSRP threshold for overlapped resources; paragraphs [0084]-[0085], increase the RSRP threshold for overlapped resources if too few resources do not overlap).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to set a threshold based on an extent of overlap of reserved resources, in the invention of Hwang. The motivation to combine the references would have been to support resource allocation procedures for SL that can account for impacts of overlap between SL resources (see paragraphs [0024]-[0029] of Ye).
Regarding claim 3, Medina in view of Ye discloses the apparatus of claim 1, wherein the at least one memory and the computer program code are configured, with the at least one processor, to cause the apparatus further to perform at least one of: determine the first MCS based on the received first SCI; and determine the second MCS based on the received second SCI (Hwang, paragraphs [0122]-[0126], SCI includes MCS information; paragraph [0299], all or some of the specific thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict).
Regarding claim 4, Medina in view of Ye discloses the apparatus of claim 3, wherein a more robust MCS corresponds to a lower threshold (Hwang, paragraphs [0122]-[0126], SCI includes MCS information; paragraph [0299], all or some of the specific thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict; the Examiner interprets a more “robust” MCS to mean a MCS corresponding to a lower threshold).
Regarding claim 5, Medina in view of Ye discloses the apparatus of claim 4, wherein determining the at least one threshold comprises:
determining at least one of a first threshold associated with the first device based on the first MCS and the first fraction, or a second threshold associated with the second device based on the second MCS and the second fraction (Hwang, paragraphs [0122]-[0126], SCI includes MCS information; paragraph [0299], all or some of the specific thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict; paragraph [0310], resource conflict occurs due to overlap in time-frequency resources of different PSCCH resources, determine whether an overlap degree of the resources, for example, the number of subchannels overlapping, based on SCI received, is equal to or greater than a threshold; paragraph [0311], overlap threshold may vary depending on MCS value and/or data rate and/or RSRP measurement; paragraph [0312], determining whether the ratio of the number of allocated subchannels compared to the number of subchannels overlapping between resources is equal to or greater than a threshold) (Ye, paragraph [0052], candidate resources SA are resources from the total resources SM that are not reserved for a peer UE by SL signaling received with an RSRP that exceeds an RSRP threshold; paragraph [0061], determine whether at least a given percentage B1 of the total resources SM remain candidate resources SA, determine whether at least a given percentage B2 of the resources in SM that do not overlap the LTE resource pool remain candidate resources SA; paragraph [0062], ensuring that a larger percentage of non-overlapped resources remain than a percentage of overlapped resources; paragraph [0065], increasing the RSRP threshold if too few resources do not overlap; paragraph [0072], SL RSRP threshold for overlapped resources; paragraphs [0084]-[0085], increase the RSRP threshold for overlapped resources if too few resources do not overlap; paragraph [0170], SL resource pool comprises slots in time and subchannels in frequency).
Regarding claim 9, Medina in view of Ye discloses the apparatus of claim 5, wherein the determined at least one threshold is proportional to at least one of the first fraction and the second fraction (Hwang, paragraphs [0122]-[0126], SCI includes MCS information; paragraph [0299], all or some of the specific thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict; paragraph [0310], resource conflict occurs due to overlap in time-frequency resources of different PSCCH resources, determine whether an overlap degree of the resources, for example, the number of subchannels overlapping, based on SCI received, is equal to or greater than a threshold; paragraph [0311], overlap threshold may vary depending on MCS value and/or data rate and/or RSRP measurement; paragraph [0312], determining whether the ratio of the number of allocated subchannels compared to the number of subchannels overlapping between resources is equal to or greater than a threshold) (Ye, paragraph [0065], increasing the RSRP threshold if too few resources do not overlap; paragraph [0072], SL RSRP threshold for overlapped resources; paragraphs [0084]-[0085], increase the RSRP threshold for overlapped resources if too few resources do not overlap) (the Examiner interprets that increasing threshold corresponding to the ratio of overlapped resources means that the thresholds are proportional to the ratio/fraction of overlapped resources).
Regarding claim 10, Medina in view of Ye discloses the apparatus of claim 9, wherein the at least one memory and the computer program code are configured, with the at least one processor, to cause the apparatus further to: acquire mapping information indicating a different threshold for each of a plurality of different fractions, wherein the plurality of different fractions includes the first fraction and the second fraction; and determine the at least one threshold further based on the mapping information (Hwang, paragraphs [0122]-[0126], SCI includes MCS information; paragraph [0299], all or some of the specific thresholds may be differently set depending on an MCS value indicated in SCI corresponding to the resource conflict; paragraph [0311], overlap threshold may vary depending on MCS value and/or data rate and/or RSRP measurement; the Examiner interprets that “mapping” indicating a different threshold for each of a plurality of MCSs means setting at least one threshold depending on an MCS value) (Ye, paragraph [0065], increasing the RSRP threshold if too few resources do not overlap; paragraph [0072], SL RSRP threshold for overlapped resources; paragraphs [0084]-[0085], increase the RSRP threshold for overlapped resources if too few resources do not overlap; the Examiner interprets that increasing threshold corresponding to the ratio of overlapped resources means that the thresholds are mapped to the ratio/fraction of overlapped resources) (Ye, paragraph [0052], candidate resources SA are resources from the total resources SM that are not reserved for a peer UE by SL signaling received with an RSRP that exceeds an RSRP threshold; paragraph [0061], determine whether at least a given percentage B1 of the total resources SM remain candidate resources SA, determine whether at least a given percentage B2 of the resources in SM that do not overlap the LTE resource pool remain candidate resources SA; paragraph [0062], ensuring that a larger percentage of non-overlapped resources remain than a percentage of overlapped resources; paragraph [0065], increasing the RSRP threshold if too few resources do not overlap; paragraph [0072], SL RSRP threshold for overlapped resources; paragraphs [0084]-[0085], increase the RSRP threshold for overlapped resources if too few resources do not overlap; paragraph [0170], SL resource pool comprises slots in time and subchannels in frequency).
Regarding claim 12, Medina discloses the apparatus of claim 1, wherein the apparatus is a user equipment (Hwang, paragraph [0004], UEs).
Claims 13-15 are rejected under substantially the same rationale as claims 1 and 5-6, respectively.
Claim 20 is rejected under substantially the same rationale as claim 1.
Response to Arguments
Applicant's arguments filed January 26, 2026 have been fully considered but they are not persuasive.
Applicant asserts that the claims are patentable because Hwang and Ye allegedly do not disclose determining a percentage of overlapped resources because Ye only describes determining a percentage of non-overlapped resources. However, a person of ordinary skill in the art, at the time of the invention, would have understood that determining a percentage of non-overlapped resources gives the information of the percentage of overlapped resources. Additionally, Hwang also discloses, for example in paragraph [0312], determining whether the ratio of the number of allocated subchannels compared to the number of subchannels overlapping between resources is equal to or greater than a threshold. A ratio of the number of allocated subchannels compared to the number of subchannels overlapping between resources is a fraction of overlapped resources/
Applicant further asserts that the claims are patentable because Hwang and Ye allegedly do not disclose determining a ratio between the first received signal strength and the second received signal strength; compare the ratio to the at least one threshold. However, although Hwang does not explicitly disclose the terminology “a ratio of” signals strengths, it would have been well known to a person of ordinary skill in the art, at the time of the invention, that a difference in powers is most commonly expressed in decibels, which is, by definition, a ratio.
Additionally, both Hwang and Ye disclose that determined characteristic values associated with the two SCIs being compared are expressed as ratio. I would have been obvious, to a person of ordinary skill in the art, at the time of the invention, that other characteristic values associated with the two SCIs being compared my also be expressed as a ratio.
Conclusion
THIS ACTION IS MADE FINAL. 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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/ALAN L LINDENBAUM/Examiner, Art Unit 2466
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419