DETAILED ACTION
1. Claims 1-21 have been examined and are pending.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 8/22/2025 has been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Response to Amendment
3. In response to the amendments received in the Office on 11/06/2025, the Office acknowledges the current status of the claims: claims 1, 2, 10, 11, and 18-21 have been amended, and no new matter appears to be included.
4. In response to the amendments received in the Office on 11/06/2025, the rejections of claims 1-21 under 35 U.S.C. §112(b) have been withdrawn.
Response to Arguments
5. Applicant's arguments filed 11/06/2025 with respect to the interpretations of claims 1-21 to include non-contingent limitations have been fully considered but they are not persuasive. Examiner addresses the Applicant’s concerns in the following response.
Applicant argues the amendments to independent claims 1, 18, and 20 are sufficient to overcome the interpretation that independent claims 1, 18, and 20 recite non-contingent limitations, in particular, the limitation reciting “if a discovery or sidelink criterion is fulfilled, signals in at least one direction between the other transceiver and a further transceiver of the communication system” (Remarks, page 10-11).
Examiner respectfully disagrees. The limitation has been amended to recite (as an example, claim 1) “wherein, when a discovery or sidelink criterion is fulfilled, the transceiver acts as a relay for the other transceiver signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system”. Examiner respectfully notes the limitations following either “if” or “when” include interpretations that are not required to be performed by the apparatus, since “if” and “when” are conditional in nature. Examiner also respectfully notes that requesting amendments to objected to limitations “if” and “when” is strictly on a case-by-case basis, and amendments may not always be required. However, Examiner respectfully notes amendments to these claims would be required since claims 1, 18, and 20 are still non-contingent with the inclusion of “when”. Examiner respectfully submits for Applicant’s consideration amendments that are not non-contingent include,
“wherein, in response to/after a discovery or sidelink criterion having been/has been fulfilled, the transceiver acts as a relay for the other transceiver…”. Replacing “if” or “when” with “in response to” or “after” would necessarily require the subsequent limitation(s) to be performed, thus requiring that prior art be applied to the limitation(s).
Examiner respectfully notes: claims 1, 10, and 18-21 each recite non-contingent limitations, including both “if” and “when”, and therefore the limitations that follow said terms is not required to be disclosed by the prior art of record since they represent conditional and/or indefinite interpretations. The Applicant did not address claims 19 and 21, since claims 19 and 21 recite “if a relaying criterion is fulfilled”, and therefore are also non-contingent in their interpretations. Claims 19 and 21 are rejected as being different statutory classes as claim 10, but would require further amendments as claim 10, and therefore claims 19 and 21 are expanded below as being anticipated by Back.
6. Applicant's arguments filed 11/06/2025 with respect to the rejections of claims 1-21 as being anticipated by United States Patent Application Publication 2023/0164536 A1 to Back et al. (hereinafter “Back”) have been fully considered but they are not persuasive. Examiner addresses the Applicant’s concerns in the following response.
Applicant argues Back does not teach or suggest the feature reciting “when a discovery or sidelink criterion is fulfilled, relaying signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system…” (Remarks, page 12). In support of this argument, Applicant contends that Back only generates and transmits discovery messages ([0146]), but cannot be relied upon to teach or suggest that “when a discovery or sidelink criterion is fulfilled, relaying signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system…”.
Examiner respectfully disagrees. Applicant argues that the independent claims now recite,
Claim 1: “wherein, when a discovery or sidelink criterion is fulfilled, the transceiver acts as a relay for the other transceiver signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system…”;
Claims 18 and 20: “when a discovery or sidelink criterion is fulfilled, relaying signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system”.
Claims 1, 18, and 20 only require that a discovery signal be received or a sidelink criterion is fulfilled (described as matching discovery requirements such as QoS or application type, PGPub [0162]), which has been interpreted as nothing more than a relaying criterion. In Back, Examiner reaffirms the operation of receiving a discovery message, determining a criterion has been fulfilled, and acting as a relay in at least one direction between the other transceiver and a further transceiver, with particular attention to [0158-0167]. Back discloses that upon reception of a discovery message, the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159]). With respect to claims 10, 19, and 21, Back also discloses that a candidate relay station may be identified after a discovery or sidelink criterion is determined ([0160], [0165]).
Examiner respectfully maintains the rejections, in view of the received amendments.
Applicant argues Back does not disclose or suggest “wherein the discovery channel is defined by a destination ID” (Remarks, pages 12-13). In support of this argument, Applicant contends Back teaches transmitting the destination ID via sidelink control information (SCI), but contends that Back does not disclose the feature (Remarks, page 12).
Examiner respectfully disagrees. Applicant’s published application at [0091] and [0130-0135] discloses the following:
[0091] In embodiments, the discovery channel [e.g. logical, physical or transport] is configured by a base station of the wireless communication system [e.g., via higher layers RRC, PC5-RRC or PC5-S or MAC].
[0130] In embodiments, the discovery channel is defined by at least one out of [0131] a discovery period, [0132] a duration of a resource validity, [0133] an information from the time/frequency resource location(s) of resource pools for direct communication or exclusively for discovery in the first or second stage sidelink control information, SCI, [0134] a destination ID, [0135] a source or discovery ID.
That is, the discovery channel is at least a logical channel and is at least “defined” by a destination ID. However, the entirety of the disclosed invention lacks a definition as to what the destination ID is attached. Examiner further contends the manner in which a destination ID is associated or communicated is also not defined within the disclosed invention. Therefore, any destination ID relayed/forwarded/communicated within or through a logical channel satisfies the requirement of a destination ID defining a discovery channel. Back discloses this feature at least in [0157] and [0164-0167], wherein a sidelink control information (SCI) includes a destination ID over a destination channel, wherein a particular service is identified (and communicated through) the destination ID in a discovery message.
Examiner respectfully maintains the rejections.
Claim Rejections - 35 USC § 102
7. 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.
8. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claims 1-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by United States Patent Application Publication 2023/0164536 A1 to Back et al. (hereinafter “Back”).
Regarding Claim 1, Back discloses a transceiver of a wireless communication system,
wherein the transceiver is configured to operate in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.),
wherein the transceiver is configured to receive a sidelink discovery signal from another transceiver of the wireless communication system (Back: [0149] – a relay UE receives a sidelink discovery solicitation message from a remote UE. [0141] – “In this document, a discovery message may mean any one of a discovery message, a discovery solicitation message, and a discovery response message. Alternatively, the discovery message may collectively mean these messages.”),
wherein, when a discovery or sidelink criterion is fulfilled (Examiner respectfully notes the inclusion of the term “when” creates an interpretation that the limitation following “when” are non-contingent in nature and not required to be disclosed by the prior art of record, since the act of fulfilling a discovery or sidelink criterion has not actually occurred or described in a previous step.) the transceiver acts as a relay for the other transceiver signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system (Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159].),
wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.),
wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.).
Regarding Claim 2, Back discloses the transceiver according to claim 1, wherein the discovery channel is defined by at least one out of
- a discovery period (alternative language),
- a duration of a resource validity (Back: [0111] – corresponds to a selection window size for determining the resources for sidelink.),
- an information from the time/ frequency resource location(s) of resource pools for direct communication or exclusively for discovery in the first or second stage sidelink control information, SCI (alternative language),
- a source or discovery ID (alternative language).
Regarding Claim 3, Back discloses the transceiver according to claim 1, wherein the transceiver is configured or capable to relay signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system (Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. See also Figure 10A, wherein one of two UEs acts as a relay with a base station.).
Regarding Claim 4, Back discloses the transceiver according to claim 1, wherein the transceiver is configured to operate, if the discovery criterion is fulfilled], in a relaying mode of operation, in which the transceiver relays signals in the at least one direction between the other transceiver and the further transceiver of the wireless communication system (Interpreted as a dispositive/non-contingent limitation not required to be disclosed by the prior art of record. Examiner respectfully suggest amending the limitation to positively recite the limitation to be considered by the prior art of record.).
Regarding Claim 5, Back discloses the transceiver according to claim 4, wherein the sidelink discovery signal comprises a discovery announcement (Back: [0149] – a relay UE receives a sidelink discovery solicitation message from a remote UE. [0141] – “In this document, a discovery message may mean any one of a discovery message, a discovery solicitation message, and a discovery response message. Alternatively, the discovery message may collectively mean these messages.”).
Regarding Claim 6, Back discloses the transceiver according to claim 1, wherein the sidelink discovery signal is transmitted using specific discovery resources (alternative language), or wherein the sidelink discovery signal is transmitted using any sidelink resources (Back: [0163-0165] – the discovery message may be transmitted/received over a PSSCH or PSCCH.).
Regarding Claim 7, Back discloses the transceiver according to claim 1, wherein an information used for identifying the sidelink discovery signal as discovery signal is pre-configured, wherein an information used for identifying the sidelink discovery signal as discovery signal is configured by a base station of the wireless communication system (Back: [0164-0168] – corresponds to a discovery message indicator including information to identify the discovery message within an SCI, that may be pre-configured by a base station, such as a destination ID.).
Regarding Claim 8, Back discloses the transceiver according to claim 1, wherein the discovery channel is pre-configured, or wherein the discovery channel is configured by a base station of the wireless communication system (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D, configured by a base station.).
Regarding Claim 9, Back discloses the transceiver according to claim 1, wherein an information used for receiving the sidelink discovery signal is pre-configured (Back: [0164-0168] – corresponds to a discovery message indicator including information to identify the discovery message within an SCI, that may be pre-configured by a base station, such as a destination ID.), wherein an information used for receiving the sidelink discovery signal is configured by a base station of the wireless communication system (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel.).
Regarding Claim 10, Back discloses a transceiver of a wireless communication system,
wherein the transceiver is configured to operate in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.),
wherein the transceiver is configured to transmit a sidelink discovery signal to a candidate relaying transceiver of the wireless communication system (Back: [0147] – “The remote UE may determine a candidate relay UE to establish a connection with by measuring RSRP of an SL signal (or a resource related to the discovery message) broadcast by the relay UE.”),
wherein the transceiver is configured to select the candidate relaying transceiver as relaying transceiver if a relaying criterion is fulfilled (Interpreted as a dispositive/non-contingent limitation not required to be disclosed by the prior art of record. Examiner respectfully suggest amending the limitation to positively recite the limitation to be considered by the prior art of record. In view of this, Examiner notes the following: Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159].),
wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.),
wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.).
Claims 11-15, dependent upon claim 10, recite similar features as claims 2, 3, 5, 6, 8, respectively, and are therefore rejected upon the same grounds as claims 2, 3, 5, 6, and 8. Please see above rejections of claims 2, 3, 5, 6, and 8.
Regarding Claim 16, Back discloses the transceiver according to claim 10,
wherein the transceiver is configured to transmit the sidelink discovery signal in a discovery mode of operation (Back: [0167] – the UEs may operate according to one or more different types of discovery modes.).
Regarding Claim 17, Back discloses the transceiver according to claim 10,
wherein parameters for transmitting the sidelink discovery signal are pre-configured, wherein parameters for transmitting the sidelink discovery signal are configured by a base station of the wireless communication system (Back: [0113-0114] – SCI (for discovery) indicate specific resources based on measurements of SL RSRPs of DMRS that are configured or preconfigured by a base station.).
Claim 18, directed to a method embodiment of claim 1, recites similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1.
Regarding Claim 19, Back discloses a method for operating a transceiver of a wireless communication system, the method comprising:
operating the transceiver in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.),
transmitting a sidelink discovery signal to a candidate relaying transceiver of the wireless communication system (Back: [0147] – “The remote UE may determine a candidate relay UE to establish a connection with by measuring RSRP of an SL signal (or a resource related to the discovery message) broadcast by the relay UE.”),
selecting the candidate relaying transceiver as relaying transceiver if a relaying criterion is fulfilled (Interpreted as a dispositive/non-contingent limitation not required to be disclosed by the prior art of record. Examiner respectfully suggest amending the limitation to positively recite the limitation to be considered by the prior art of record. In view of this, Examiner notes the following: Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159]. Back also discloses that a candidate relay station may be identified after a discovery or sidelink criterion is determined ([0160], [0165].),
wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.),
wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.).
Claim 20, directed to an article of manufacture embodiment of claim 1, recites similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1. Back further discloses the medium [0033] that executes a program at a processor.
Regarding Claim 21, Back discloses a non-transitory digital storage medium having stored thereon a computer program (Back: [0033] – a medium that executes a program at a processor) for performing a method for operating a transceiver of a wireless communication system, the method comprising:
operating the transceiver in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.),
transmitting a sidelink discovery signal to a candidate relaying transceiver of the wireless communication system (Back: [0147] – “The remote UE may determine a candidate relay UE to establish a connection with by measuring RSRP of an SL signal (or a resource related to the discovery message) broadcast by the relay UE.”),
selecting the candidate relaying transceiver as relaying transceiver if a relaying criterion is fulfilled (Interpreted as a dispositive/non-contingent limitation not required to be disclosed by the prior art of record. Examiner respectfully suggest amending the limitation to positively recite the limitation to be considered by the prior art of record. In view of this, Examiner notes the following: Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159]. Back also discloses that a candidate relay station may be identified after a discovery or sidelink criterion is determined ([0160], [0165].),
wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.),
wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.).
Conclusion
10. 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
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BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 December 15, 2025