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 .
Responsive to amendments filed 10/14/2025.
Claims 1-21 remain pending.
Response to Arguments
Applicant’s amendments and remarks filed on 10/14/2025 have been fully considered but they are moot in light of the new grounds of rejection presented below and necessitated by the amendments.
Claims have been amended to recite “wherein the first data is generated with different data formats based on different resource attributes of the first time-frequency resource”. Claims are given their broadest reasonable interpretation in light of the specification without bringing elements of the specification into the claims. With this in mind, if no clear definition for “different data formats” is provided in the claims, then that language is given the broadest reasonable interpretation. Data format can be defined as a standardized structure for encoding, organizing, and storing information, and for purposes of the examination it is interpreted as encoding. In a similar manner, no clear definition is provided in the independent claims as to what “resource attributes” refers to in light of the specification. The broadest reasonable interpretation of this term includes frequency, power, spatial characteristics, among other parameters. During examination the term is interpreted as semi-persistent or dynamic, in light of the specification, however, the claim language does not require such specific interpretation.
With the above in mind, the cited references are believed to meet the claims as amended. Namely, in the Xiao reference a UE is configured by a base station with configuration information which provides a correspondence between semi-persistent resources and logical channels (pp. 0102-0105). Furthermore, the configuration information provides “different data formats” as it provides a plurality of modulation and coding schemes (as mentioned above, coding falls within the known definition of a data format). The claims do not require first data to include multiple resources each with different attributes, it only requires that when data is generated, it is done with a format according to different attributes, thus, if the attribute is semi-persistent, the data is generated with at least a data format. The modulation and coding schemes defined in the Xiao are believed to meet this claim language.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 12, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao et al. (EP 3487239; hereinafter Xiao, cited in IDS).
Regarding claim 1 Xiao discloses a communications method, comprising: receiving first indication information sent by a network device, wherein the first indication information is used to indicate a first time-frequency resource (paragraphs 0050, 0053; wherein a network device sends allocation information to a UE, the allocation information including a semi-persistent resource); generating first data based on a resource attribute of the first time-frequency resource, wherein the first data is generated with different data formats based on different resource attributes of the first time-frequency resource (paragraphs 0102-0105; multiple MCSs provided for semi-persistent resources corresponding to one or more logical channel), and the first data comprises data of at least one logical channel (paragraphs 0038-0039, 0070; wherein the UE activates the semi-persistent resource in a logical channel); and sending the first data to the network device on the first time-frequency resource (paragraphs 0040, 0070; with the UE transmitting data via the logical channel in the semi-persistent resource).
Regarding claim 2 Xiao discloses the method according to claim 1, wherein before the generating first data based on a resource attribute of the first time-frequency resource, the method further comprises: determining the resource attribute of the first time-frequency resource based on the first indication information, wherein the resource attribute of the first time-frequency resource comprises that the first time-frequency resource is a semi-persistent time-frequency resource or that the first time-frequency resource is a dynamic time-frequency resource (paragraphs 0012, 0050, 0053; the allocated resource being a semi-persistent resource).
Regarding claim 3 Xiao discloses the method according to claim 2, wherein: the resource attribute of the first time-frequency resource comprises that the first time-frequency resource is the semi-persistent time-frequency resource (paragraphs 0012, 0050, 0053; the allocated resource being a semi-persistent resource); and the first data does not comprise packet header information (paragraphs 0120-0124; with logical channel data included in a MAC PDU, the PDU having a single header for the PDU not for individual data included in the PDU; please note that the claim as it stands does not show a connection between the two limitations and if there is a connection it should be represented in the claim language).
Regarding claim 4 Xiao discloses the method according to claim 3, wherein the first data comprises data of only a first logical channel (paragraphs 0120-0124; data of a logical channel added to the PDU).
Regarding claim 12 Xiao discloses the method according to claim 1, wherein before the generating first data based on a resource attribute of the first time-frequency resource, the method further comprises: receiving logical channel configuration information from the network device, wherein the logical channel configuration information comprises at least one of quality of service (QoS) information or service type information corresponding to one or more logical channels (paragraphs 0098, 0156; service characteristic information, the LCID can uniquely identify and determine a UL logical channel. Because the UL logical channel is configured for the UE by the eNB, the eNB learns quality of service (QoS) requirements such as a requirement for a latency and reliability of service data in each logical channel corresponding to the LCID of the UE).
Regarding claim 21 Xiao discloses an apparatus (fig. 11), comprising: at least one processor (processor 903); and one or more memories coupled to the at least one processor and storing programming instructions (paragraph 0213) for execution by the at least one processor to: receive first indication information sent by a network device, wherein the first indication information is used to indicate a first time-frequency resource (paragraphs 0050, 0053; wherein a network device sends allocation information to a UE, the allocation information including a semi-persistent resource); generate first data based on a resource attribute of the first time-frequency resource, wherein the first data is generated with different data formats based on different resource attributes of the first time-frequency resource (paragraphs 0102-0105; multiple MCSs provided for semi-persistent resources corresponding to one or more logical channel), and the first data comprises data of at least one logical channel (paragraphs 0038-0039, 0070; wherein the UE activates the semi-persistent resource in a logical channel); and send the first data to the network device on the first time-frequency resource (paragraphs 0040, 0070; with the UE transmitting data via the logical channel in the semi-persistent resource).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5-10, 13, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Kim et al. (US Patent Application Publication 2022/0248493; hereinafter Kim).
Regarding claim 5 Xiao discloses the method according to claim 2. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein: the resource attribute of the first time-frequency resource comprises that the first time- frequency resource is the dynamic time-frequency resource (paragraphs 0072, 0193; dynamically scheduled resource); and the first data comprises packet header information (paragraphs 0075-0076; the encapsulated data comprises header information). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Regarding claim 6 Xiao discloses the method according to claim 1. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein before the generating first data based on a resource attribute of the first time-frequency resource, the method further comprises: receiving second indication information, wherein the second indication information is used to indicate the resource attribute of the first time-frequency resource, and the resource attribute of the first time-frequency resource comprises that the first time-frequency resource is a transparent transmission resource or that the first time-frequency resource is a non-transparent transmission resource (paragraph 0070; wherein resources can be transparent mode). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Regarding claim 7 Xiao discloses the method according to claim 6. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein: the resource attribute of the first time-frequency resource comprises that the first time-frequency resource is the transparent transmission resource (paragraph 0071; using RLC to determine transmission mode like transparent mode); and the first data does not comprise packet header information (paragraphs 0076-0078; single MAC PDU with packet header at the beginning as in fig. 4B, and SDUs do not include header information; please note that the claim as it stands does not show a connection between the two limitations and if there is a connection it should be represented in the claim language). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Regarding claim 8 the modified Xiao discloses the method according to claim 7, wherein the first data comprises data of only a first logical channel (paragraphs 0120-0124; data of a logical channel added to the PDU).
Regarding claim 9 Xiao discloses the method according to claim 6. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein: the resource attribute of the first time-frequency resource comprises that the first time-frequency resource is the non-transparent transmission resource (paragraph 0071; using RLC to determine transmission mode); and the first data comprises packet header information (paragraphs 0076-0078; single MAC PDU with packet header at the beginning as in fig. 4B, or each SDU comprising a header as in fig.4A; please note that the claim as it stands does not show a connection between the two limitations and if there is a connection it should be represented in the claim language). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Regarding claim 10 Xiao discloses the method according to claim 4. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein a service corresponding to the data of the first logical channel is a service transmitted at a media access control (MAC) layer in a transparent transmission mode (paragraph 0071; using RLC to determine transmission mode including a transparent mode). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Regarding claim 13 Xiao discloses the method according to claim 12. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein the method further comprises: determining, based on the at least one of the QoS information or the service type information corresponding to the one or more logical channels, whether a service corresponding to data of the one or more logical channels is a service transmitted at a media access control (MAC) layer in a transparent transmission mode (paragraph 0071; using RLC to determine transmission mode like transparent mode). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Regarding claim 16 Xiao discloses the method according to claim 12. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein the logical channel configuration information further comprises at least one of data encapsulation attribute information or data transmission attribute information corresponding to the one or more logical channels, data encapsulation attribute information corresponding to each logical channel is used to indicate whether data of the logical channel and data of another logical channel are allowed to be encapsulated in a single media access control protocol data unit (MAC PDU) (paragraphs 0070-0078; data encapsulation in a MAC PDU including logical channel identifier information), and data transmission attribute information corresponding to each logical channel is used to indicate whether a transmission mode of data of the logical channel is a transparent transmission mode or a non-transparent transmission mode (paragraph 0071; using RLC to determine transmission mode like transparent mode). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Regarding claim 18 Xiao discloses the method according to claim 16. Xiao fails to explicitly disclose but Kim, in a similar field of endeavor, discloses wherein the resource attribute of the first time-frequency resource comprises that the first time-frequency resource is a dynamic time-frequency resource (paragraphs 0072, 0193; dynamically scheduled resource); and at least one of: when data encapsulation attribute information corresponding to each of the at least one logical channel indicates that data of the logical channel and data of another logical channel are allowed to be encapsulated in a single MAC PDU, the first data comprises the data of the at least one logical channel, and the first data comprises packet header information (paragraphs 0076-0078; single MAC PDU with packet header at the beginning as in fig. 4B); or when data encapsulation attribute information corresponding to each of the at least one logical channel indicates that data of the logical channel and data of another logical channel are allowed to be encapsulated in a single MAC PDU, the first data comprises the data of the at least one logical channel, and the first data comprises packet header information (paragraphs 0076-0078; single MAC PDU with packet header at the beginning as in fig. 4B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Xiao with the teachings of Kim, in order to increase efficiency (Kim: paragraph 0069).
Allowable Subject Matter
Claims 11, 14-15, 17, and 19-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The limitations in these claims, when in combination with the elements of the independent claims and interfering claims, is not met by the prior art.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2022/0343760 to Baek et al. – a method of transmitting a signal by a vehicle in a wireless communication system, and more particularly, to a method of changing a driving path by performing contention-based path reservation with a surrounding vehicle on a prescribed location on a driving path a vehicle intends to change.
USPN 11,197,313 to Lee et al. – which discloses a method for transmitting a data unit and an apparatus therefor.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
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/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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