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 .
Claim Rejections - 35 USC § 102
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.
(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.
Claims 1, 3, 10, 12, 14 and 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Xue et al (US 2022/0061095, hereinafter Xue, as disclosed in the IDS).
Regarding claim 1, Xue discloses a method, comprising: determining, by a user equipment (UE), candidate sidelink resources for sidelink transmission on an unlicensed band from a sidelink resource selection window based on results of a sensing operation on the unlicensed band during a sidelink sensing window (UE identifies candidate resources within resource selection window based on past sensing results obtained in sensing window, Para [0041], in unlicensed spectrum, Para [0042]); selecting a first sidelink resource from the candidate sidelink resources without randomization (UE selects earliest available resource from the candidate resources, Para [0150,224], without random selection); performing a listen-before-talk (LBT) process on the unlicensed band to obtain a channel occupancy time (COT) (UE contends for a channel using LBT to transmit during a COT, Para [0047]); and performing a sidelink transmission within the COT using the first sidelink resource selected from the candidate sidelink resources without randomization (transmit sidelink transmission carrying PDU to another sidelink UE using the selected resource, Para [0148]).
Regarding claims 3 and 14, Xue discloses the method/apparatus of claim 1/12, wherein the selecting comprises: after a completion of a random backoff process of the LBT process, selecting an earliest available resource from the candidate sidelink resources without randomization (LBT with random backoff, Para [0047], UE selects earliest available resource from the candidate resources, Para [0150], without random selection).
Regarding claim 10, Xue discloses the method of claim 1, further comprising: receiving data corresponding a periodic traffic or an aperiodic traffic at a physical layer, wherein the data is transmitted by the sidelink transmission within the COT using the first sidelink resource (sidelink UE receiving transmissions, Para [0039], UE accesses the shared medium to receive data, Para [0065, the PHY layer transmits/receives the sidelink transmission using the first selected resources, Para [0109]).
Regarding claim 12, Xue discloses an apparatus (UE, Fig. 14), comprising circuitry (circuit, Para [0200]) configured to: determine candidate sidelink resources for sidelink transmission on an unlicensed band from a sidelink resource selection window based on results of a sensing operation on the unlicensed band during a sidelink sensing window (UE identifies candidate resources within resource selection window based on past sensing results obtained in sensing window, Para [0041], in unlicensed spectrum, Para [0042]); select a first sidelink resource from the candidate sidelink resources without randomization (UE selects earliest available resource from the candidate resources, Para [0150], without random selection); perform a listen-before-talk (LBT) process on the unlicensed band to obtain a channel occupancy time (COT) (UE contends for a channel using LBT to transmit during a COT, Para [0047]); and perform a sidelink transmission within the COT using the first sidelink resource selected from the candidate sidelink resources without randomization (transmit sidelink transmission carrying PDU to another sidelink UE using the selected resource, Para [0148]).
Regarding claim 20, Xue discloses a non-transitory computer-readable medium (computer readable medium, Para [0009]) storing instructions that, when executed by a processor, cause the processor to perform a method, the method comprising determining candidate sidelink resources for sidelink transmission on an unlicensed band from a sidelink resource selection window based on results of a sensing operation on the unlicensed band during a sidelink sensing window (UE identifies candidate resources within resource selection window based on past sensing results obtained in sensing window, Para [0041], in unlicensed spectrum, Para [0042]); selecting a first sidelink resource from the candidate sidelink resources without randomization (UE selects earliest available resource from the candidate resources, Para [0150], without random selection); performing a listen-before-talk (LBT) process on the unlicensed band to obtain a channel occupancy time (COT) (UE contends for a channel using LBT to transmit during a COT, Para [0047]); and performing a sidelink transmission within the COT using the first sidelink resource selected from the candidate sidelink resources without randomization (transmit sidelink transmission carrying PDU to another sidelink UE using the selected resource, Para [0148]).
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.
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Bhorkar et al (US 2016/0135055, hereinafter Bhorkar).
Regarding claims 2 and 13, Xue discloses the method/apparatus of claim 1/12, but not fully wherein the selecting comprises: predicting a completion time of a random backoff process of the LBT process; and selecting an earliest available resource from the candidate sidelink resources to be the first sidelink resource based on the completion time of the random backoff process of the LBT process. Bhorkar discloses control circuitry can predict if LBT and Backoff will be completed in time or nor, Para [0064]. Xue discloses UE selects earliest available resource from the candidate resources, Para [0150], without random selection. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Bhorkar in the system of Xue in order to more efficiently use unlicensed spectrum by scheduling traffic when backoff is completed.
Claims 6, 7, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Bhorkar et al (US 2019/0053222, hereinafter Bhorkar2).
Regarding claims 6 and 17, Xue discloses the method/apparatus of claim 1/12, but not wherein the performing the LBT process comprises: at an end of a random backoff process of the LBT process, performing a self-deferral operation followed by a short LBT sensing process before the sidelink transmission using the first sidelink resource; and obtaining the COT when a channel of the unlicensed band is idle during the short LBT sending process. Bhorkar2 discloses UE can complete a CAT4 LBT, perform self-defer and then a short LBT before UL transmission, Para [0040]/Fig. 8, Para [0040], where the UE can transmit if the medium is sensed to be idle, Para [0006]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Bhorkar2 in the system of Xue in order to increase UL transmission opportunities during a cross scheduled TxOP.
Regarding claims 7 and 18, Xue discloses the method/apparatus of claim 1/12, wherein the performing the LBT process comprises: obtaining the COT after a completion of a random backoff process of the LBT process (performing LBT with random backoff, where UE can obtain the COT after successfully LBT, Para [0047]); but not performing a short LBT sensing process before the sidelink transmission using the first sidelink resource. Bhorkar2 discloses the UE can perform a short LBT before the UL transmission, Para [0040]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Bhorkar2 in the system of Xue in order to increase UL transmission opportunities during a cross scheduled TxOP.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Xue, in view of Bhorkar and in view of Bhorkar2.
Regarding claims 4 and 15, Xue discloses the method/apparatus of claim 1/12, but not fully further comprising: in response to that a completion time of a random backoff process of the LBT process is later than a reservation time of the first sidelink resource, continuing the LBT process; predicting a completion time of a random backoff process of the LBT process; and reselecting an earliest available resource from a set of candidate sidelink resources without randomization to be a second sidelink resource based on the completion time of the random backoff process of the LBT process. Bhorkar2 discloses the UE can not transmit an UL transmission until the CAT4 LBT is completed, Fig. 9. Bhorkar discloses control circuitry can predict if LBT and Backoff will be completed in time or nor, Para [0064]. Xue discloses UE selects earliest available resource from the candidate resources, Para [0150], without random selection, where in view of the combination a earliest resource is selected that is after LBT is completed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Bhorkar and Bhorkar2 in the system of Xue in order to more efficiently use unlicensed spectrum by scheduling traffic when backoff is completed and to increase UL transmission opportunities during a cross scheduled TxOP.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Xue, in view of Luo et al (US 2023/0084692, hereinafter Luo) and in view of Xue et al (US 2022/0070921, hereinafter Xue2, as disclosed in the IDS).
Regarding claims 5 and 16, Xue discloses the method/apparatus of claim 1/12, further comprising: in response to that a completion time of a random backoff process of the LBT process is later than a reservation time of the first sidelink resource, dropping the LBT process, and re-initiating another LBT process and selection of another sidelink resource. Luo discloses there can be a maximum time limit for LBT and the LBT can be canceled if takes to long to complete, Para [0076]. Xue2 discloses the random backoff can be a long duration and the resource selection window starts before the LBT countdown is completed, Para [0094] and some resources can become unavailable the UE will have to re-evaluate the frequency resource reservations, Para [0117], in view of the combination would be obvious to one of ordinary skill to cancel a LBT that goes on too long and the reserved resources become unavailable and restart another LBT procedure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Luo and Xue2 in the system of Xue in order to further improve spectrum sharing techniques and improve robustness with respect to LBT by reducing the number of LBTs need to be performed.
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Fisher-Jeffes et al (US 2020/0322198, hereinafter Fisher).
Regarding claims 8 and 19, Xue discloses the method/apparatus of claim 1/12, but not further comprising: performing transmission on a cyclic prefix extension (CPE) starting position between a completion time of a random backoff process of the LBT process and a slot containing the first sidelink resource to occupy the unlicensed band. Fisher discloses CP extension is performed between LBT listening and transmitting at a specific timing alignment, Para [0023]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Fisher in the system of Xue in order to handle aligning with a time reference when competing for shared unlicensed spectrum.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of He et al (US 2020/0029340, hereinafter He).
Regarding claim 9, Xue discloses the method of claim 1, but not wherein the selecting comprises: overbooking multiple consecutive slots of sidelink resources from the candidate sidelink resources. He discloses the UE can select the candidate channel with longest available consecutive time slots, Para [0304]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by He in the system of Xue in order to improve transmission reliability with re-transmission.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Wu (US 2022/0110157, hereinafter Wu).
Regarding claim 11, Xue discloses the method of claim 1, but not wherein the LBT process is triggered when a channel access priority class of a to-be-transmitted packet is available. Wu discloses a device determines a start time of the LBT procedure based on priority class associated with the message being sent, Para [0041], therefore priority class of the packet needs to be available to start LBT. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Wu in the system of Xue in order to prevent delays when channel access procedures are used to provide fairness.
Response to Arguments
Applicant's arguments filed 9/3/2025 have been fully considered but they are not persuasive. Applicant argues the Xue reference does not disclose the limitations in the claim, particularly selecting a first sidelink resource from candidate resources without randomization and performing sidelink transmission with those resources without randomization. Applicant argues Xue discloses randomly selecting a resource based on paragraphs not cited in the office action. Applicant also argues the selected resource is for HARQ transmission and not sidelink transmission. Applicant also argues selecting earliest available is still a random choice or in a random framework. In response, Applicant argues over embodiments not cited by the Examiner. Xue discloses selecting a resource randomly or selecting earliest available resource (which is not a random selection). Para [0224] of Xue, discloses the UE may select an earliest available resource or in some other aspects the UE may select a resource randomly. They are alternative options of selecting a resource, in this case, the UE selects the earliest available resource and does not perform a random selection. Applicant’s own specification states an earliest available resource can be selected, Para [0013]. Selecting an earliest available resource is not random, that is a very defined action of selecting. The argument that the selecting earliest available resource is still within a randomized framework is nonsense.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461