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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/14/2026 has been entered.
Claims 1, 5-8, 12-16 were pending. Claims 1, 5, 6, 8, 12, 13, 15 have been amended. Claims 1, 5-8, 12-16 are pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 5-8, 12-16 have been considered but are moot because the new ground of rejection relies on new prior art not applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues on page 8-9 of applicants remarks:
Then, Loehr merely discloses a MAC CE may be used to inform a gNB of the DRX mismatch. However, it is known that MAC CE is transmitted generated and interpreted by the MAC sub-layer, rather than a physical layer. Thus, the feedback response message in MAC CE in Loehr cannot be regarded as being equivalent to the first message of the present application which is physical layer signaling to enable a rapid feedback at the physical layer directly. Thus, Loehr fails to disclose the above distinguish feature b).
Examiner agrees with applicant in that a MAC CE cannot be regarded as equivalent to physical layer signaling. However, in the same reference, Loehr further teaches in [0066] and [0079], in which information such as assistance information can be provided using a MAC CE or a RRC signaling. As disclosed in [0060]-[0061], the UE informs the gNB that there are no LCHs across any destinations that fall within a DRX active time. Examiner notes that it would be obvious to use an already available method of providing assistance information to the gNB, such as via RRC signaling to inform the gNB as indicated by Loehr in [0066] and [0071], to allow for more flexibility in the system.
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, 5-8, 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0156855 A1 to Yang et al. (hereinafter “Yang”) in view of US 2023/0239793 A1 to Lin et al. (hereinafter “Lin”) and US 2024/0040593 (provisional application no. 63/127,931, field on Dec. 18, 2020) to Loehr et al. (hereinafter “Loehr”)
Regarding Claim 1, 8, 15, Yang teaches A data transmission method, comprising:
A sending device, comprising (Figure 7, illustrates device 200)
a processor and a memory for storing a computer program that can run on the processor, wherein: the processor is configured to run the computer program to: (Figure 7 and [0062], discloses device 200 with processing component and memory)
A non transitory computer storage medium storing an executable program, wherein the executable program is executed by a processor to implement: (Figure 7 and [0062], discloses device 200 with processing component and memory)
determining, by a sending device, an available target identity set according to sidelink grant information, ([0037], discloses when the terminal obtains a sidelink grant resource (i.e. sidelink grant information), in selecting a destination address for transmitting data, it needs to determine the DRX parameters and the DRX states of destination terminals (e.g., the destination addresses of the logical channels on which there are data to be transmitted) (i.e. available target identity set))
wherein the sidelink grant information comprises a time-frequency resource, and ([0037] discloses the terminal obtains a sidelink grant resource (i.e. time/frequency resource). [0025], further discloses there are two resource allocation methods on the sidelink, one is a dynamic scheduling method by the network device, and the other is an autonomous selection method by the terminal from a resource pool broadcast by the network device.)
at least one target identity in the available target identity set is used for the sending device to generate data corresponding the the data to be sent. ([0038], discloses a destination address (i.e. at least one target identity) configured to transmit the data to be transmitted is selected based on the DRX parameter, the DRX state, and a logical channel priority of the logical channel)
wherein the at least one target identity set comprises an identity corresponding to a terminal device configured with DRX and in an active state at the time-frequency resource. ([0042], discloses one or more destination addresses corresponding to logical channels on which there are data to be transmitted are configured with the DRX and the DRX states are the wakeup state. [0043], discloses a destination address corresponding to the logical channels on which there are data to be transmitted is not configured with the DRX parameter, or is configured with the DRX parameter and the DRX state is the wakeup state)
Yang does not explicitly teach determining, by a sending device, information of data to be sent, wherein the information of the data to be sent comprises a profile corresponding to the data to be sent; when a version of a protocol indicated by the profile corresponding to the data to be sent is R17, transmission of a service corresponding to the data to be sent takes into account whether the service is for a receiving device configured with discontinuous reception (DRX); wherein version of the protocol is used to indicate at least one of the service corresponds to a terminal device configured with DRX or the service corresponds to a terminal device not configured with DRX;
However, in a similar field of endeavor, Lin discloses in [0140]-[0142], SL DRX would be a new feature in 3GPP Release 17. A problem to be considered is how a R17 (i.e. version of a protocol) UE supporting SL DRX (i.e. a terminal device configured with DRX) coexist with a R16 UE which does not support SL DRX (i.e. a terminal device not configured with DRX). For sidelink unicast transmission, this can be solved by UE capability exchange. For example, upon PC5-RRC connection establishment, the two UE may exchange their UE capability. After a R17 UE exchanges UE capability (i.e. information of data to be sent comprising a profile) with a R16 UE, the R17 UE would not operate SL DRX so that it can communicate with the R16 UE normally (i.e. transmission of a service takes into account whether the service is for a receiving device configured with DRX) , i.e. there is no risk for the R17 UE to loss packet transmitted because it keeps awake after receiving the UE capability from its peer UE.
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 Yang to include the above limitations as suggested by Lin, to allow for coexistence for UEs with different SL DRX capabilities as indicated in [0141].
Yang/Lin does not explicitly teach reporting, by the sending device, a first message to network if there is no available target identity set in the time-frequency resource configured by the sidelink grant information, wherein the first message is physical layer signaling.
However, in a similar field of endeavor, Loehr discloses in [0060], a TX UE doesn't perform a SL transmission on SL resources allocated by a gNB if the SL resources are not within the DRX ActiveTime of the TX UE (i.e. no available target identity set) and sends a feedback response message to the gNB. In certain embodiments, a feedback response message indicates that a TX UE will not use the allocated SL transmission due to the SL resources not being within the DRX ActiveTime. [0061], further discloses It should be noted that the TX UE may have different DRX patterns and/or ActiveTimes for different destinations (e.g., DRX patterns and/or ActiveTimes are defined per source-destination pair). If there is not a single LCH across any of the destinations that fulfill this (e.g., gNB grant does not fall inside of the DRX active time), the UE informs the gNB about this. Specifically in [0061], the recitation “when there is no single LCH across any of the destinations that fulfills this”, is analogous to determining there is no available target identity set in the time-frequency resource. [0066] and [0079], discloses UE providing assistance information using RRC signaling (i.e. physical layer signaling).
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 Yang to include the above limitations as suggested by Loehr, as allowing for different methods for informing the gNB of information provides more flexibility in the system.
Regarding Claim 5, Yang/Lin/Loehr teaches The method according to claim 1, wherein
Lin further teaches a profile corresponding to the data to be sent is determined by the information of data to be sent, and the profile is used to indicate a version of an available protocol. ([0140]-[0142], discloses After a R17 UE exchanges UE capability (i.e. information of data to be sent comprising a profile) with a R16 UE, the R17 UE would not operate SL DRX so that it can communicate with the R16 UE normally (i.e. transmission of a service takes into account whether the service is for a receiving device configured with DRX). Examiner notes that the R17 UE determines its own capability (i.e profile indicating a version), which indicates that it is an R17 UE and capable of operating SL DRX) Examiner maintains same motivation to combine as indicated in Claim 1 above.
Regarding Claim 6, Yang/Lin/Loehr teaches The method according to claim 5, wherein the version of the protocol is further used to indicate at least one of:
Lin further teaches the service corresponds to a terminal device configured with DRX and a terminal device not configured with DRX; a target identity corresponding to the service is an identity of a terminal device configured with DRX; and a target identity corresponding to the service is an identity of a terminal device not configured with DRX. ([0140]-[0142], SL DRX would be a new feature in 3GPP Release 17. A problem to be considered is how a R17 (i.e. version of a protocol) UE supporting SL DRX (i.e. service corresponds to a terminal device configured with DRX) coexist with a R16 UE which does not support SL DRX (i.e. service corresponds to a terminal device configured with DRX)) Examiner maintains same motivation to combine as indicated in Claim 1 above.
Regarding Claim 7, Yang/Lin/Loehr teaches The method according to claim 1, wherein Yang further teaches the available target identity set comprises at least one media access control control element and/or logical channel with a highest priority meeting a condition. ([0053], discloses select a destination address corresponding to a logical channel with a highest priority from the logical channels each with the bucket size greater than zero (i.e. condition))
Claims 12-14 are rejected for having the same limitations as claims 5-7, except the claims are in apparatus sending device format.
Regarding Claim 16, Yang/Lin/Loehr teaches A chip, comprising a processor, wherein Yang further teaches the processor is configured to call and run a computer program from a memory to cause a device on which the chip is installed (Figure 7 and [0062], discloses device 200 with processing component and memory) to execute the data transmission method according to claim 1. (see rejection of claim 1)
Conclusion
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/JENKEY VAN/Primary Examiner, Art Unit 2477