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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 3 and 18, the claim states: “determining a predicted completion duration of the random backoff process to be a gap” which is unclear. Para [0004] states the LBT time is a predicted duration of a random backoff process. Para [0006] states the predicted LBT completion duration of the random backoff process is the sum of the LBT time and the gap. Fig. 5 and others shows the LBT time as separate from the gap. The predicted completion of the random backoff is the gap, is not clear.
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, 8, 11, 16 and 21 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 candidate sidelink resources by a user equipment (UE) 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 the sensing window for sidelink transmission, Para [0041], in an unlicensed spectrum, Para [0042]); selecting a first sidelink resource from the candidate sidelink resources (UE selecting earliest available resource or randomly selecting, Para [0224]); performing a first listen-before-talk (LBT) process on the unlicensed band to obtain a channel occupancy time (COT) (UE contends for a channel using LBT to obtain the COT, Para [0047]); and performing a sidelink transmission within the COT using the first sidelink resource, wherein the selection of the first sidelink resource is based on an LBT time that is a predicted duration of a random backoff process of the first LBT process (UE makes sidelink transmission to another UE using the selected resources, Para [0219], UE can project an LBT completion time and the resource selection window is based on the projected LBT completion time, Para [0043] or the UE excludes candidate resources that are earlier than the projected LBT completion time, Para [0044], where Cat4 LBT has a random backoff, Para [0066]).
Regarding claim 8, Xue discloses the method of claim 1, wherein the selection of the first sidelink resource from the candidate sidelink resources is triggered before a completion of the first LBT process (resource selection trigger is before LBT is completed, Fig. 4).
Regarding claim 11, Xue discloses the method of claim 1, wherein the selecting comprises: selecting two discontinuous sidelink resources from the candidate sidelink resources, the two discontinuous sidelink resources including the first sidelink resource and a second sidelink resource (selecting one or more resources from candidate resources, Para [0108], the resource pool includes slots that are non-consecutive, Para [0077], randomly selecting two resources, Para [0108] would include cases where two non-continuous resources are selected).
Regarding claim 16, 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 the sensing window for sidelink transmission, Para [0041], in an unlicensed spectrum, Para [0042]); select a first sidelink resource from the candidate sidelink resources (UE selecting earliest available resource or randomly selecting, Para [0224]); perform a first listen-before-talk (LBT) process on the unlicensed band to obtain a channel occupancy time (COT) (UE contends for a channel using LBT to obtain the COT, Para [0047]); and perform a sidelink transmission within the COT using the first sidelink resource, wherein the selection of the first sidelink resource is based on an LBT time that is a predicted duration of a random backoff process of the first LBT process (UE makes sidelink transmission to another UE using the selected resources, Para [0219], UE can project an LBT completion time and the resource selection window is based on the projected LBT completion time, Para [0043] or the UE excludes candidate resources that are earlier than the projected LBT completion time, Para [0044], where Cat4 LBT has a random backoff, Para [0066]).
Regarding claim 21, 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 the sensing window for sidelink transmission, Para [0041], in an unlicensed spectrum, Para [0042]); selecting a first sidelink resource from the candidate sidelink resources (UE selecting earliest available resource or randomly selecting, Para [0224]); performing a first listen-before-talk (LBT) process on the unlicensed band to obtain a channel occupancy time (COT) (UE contends for a channel using LBT to obtain the COT, Para [0047]); and performing a sidelink transmission within the COT using the first sidelink resource, wherein the selection of the first sidelink resource is based on an LBT time that is a predicted duration of a random backoff process of the first LBT process (UE makes sidelink transmission to another UE using the selected resources, Para [0219], UE can project an LBT completion time and the resource selection window is based on the projected LBT completion time, Para [0043] or the UE excludes candidate resources that are earlier than the projected LBT completion time, Para [0044], where Cat4 LBT has a random backoff, Para [0066]).
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 17 are rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Li (US 2021/0058954, hereinafter Li).
Regarding claims 2 and 17, Xue discloses the method/apparatus of claim 1/16, but not wherein the selecting comprises: in response to an LBT counter of the random backoff process being known, determining the LBT time to be a sum of a minimum LBT completion duration determined based on a value of the LBT counter and a duration of busy slots determined based on the results of the sensing operation; and in response to the LBT counter of the random backoff process being unknown, determining the LBT time to be a sum of a maximum LBT completion duration determined based on a size of a contention window and the duration of the busy slots determined based on the results of the sensing operation. Li discloses backoff counter N, which can be a value between 0 and a contention window size, where N is decreased by 1 when the channel is sensed as idle in a slot but if the channel is sensed as busy in a slot, N counter remains unchanged, this continues until N is 0, Para [0113], therefore the LBT time would take as long as it takes for N to reach 0, so N idle slots plus the number of busy slots and if N was unknown, it would be obvious to assume the maximum value of N, which is the contention window, plus the number of busy slots for LBT time. 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 Li in the system of Xue in order to improve indication flexibility of transmission mode and avoid conflicts when using partial sub-frame transmission modes.
Claims 4, 5, 10, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Hoang et al (US 2021/0243749, hereinafter Hoang, as disclosed in the IDS).
Regarding claims 4 and 19, Xue discloses the method/apparatus of claim 1/16, but not wherein the selecting comprises: overbooking sidelink resources from the candidate sidelink resources. Hoang discloses the WTRU can select a subband with the longest consecutive available resources within the resource selection window, Para [0106]. 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 Hoang in the system of Xue in order to improve resource selection for bursty traffic without increasing risk of collisions.
Regarding claims 5 and 20, Xue discloses the method/apparatus of claim 4/19, wherein a number of slots of overbooked sidelink resources is determined based on a pre-configuration or one of: a HARQ-ACK feedback status, an LBT success probability, a channel loading status, a channel congestion control information, and a priority of a to-be-transmitted packet. Hoang discloses selecting N consecutive available resources, where N is pre-configured or can be based on the priority of the TB to be transmitted, Para [0106]. 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 Hoang in the system of Xue in order to improve resource selection for bursty traffic without increasing risk of collisions.
Regarding claim 10, Xue discloses the method of claim 1, but not explicitly wherein the selecting comprises: selecting multiple consecutive slots of sidelink resources from the candidate sidelink resources. Hoang discloses the WTRU can select a subband with the longest consecutive available resources within the resource selection window, Para [0106]. 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 Hoang in the system of Xue in order to improve resource selection for bursty traffic without increasing risk of collisions.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Xue et al (US 2022/0070921, hereinafter Xue2, as disclosed in the IDS).
Regarding claim 6, Xue discloses the method of claim 1, wherein the selecting comprises: determining a predicted LBT completion duration of the random backoff process to be a sum of the LBT time and a gap, the gap being configured as a function of the number of slots of overbooked sidelink resources. Xue2 discloses the UE may reserve a set of consecutive M resources, Para [0115] and the UE sets an LBT gap within the range of those resources to zero, Para [0116], therefore the gap is zero and the LBT completion time is just the LBT time. 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 Xue2 in the system of Xue in order to reduce the number of LBTs needed to be performed and improve robustness with respect to LBT.
Claim 7 is are rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Wu et al (US 2022/0232532, hereinafter Wu).
Regarding claim 7, Xue discloses the method of claim 1, but not wherein the selection of the first sidelink resource from the candidate sidelink resources is triggered before the first LBT process. Wu discloses the UE determines whether the selected resource is available based on the LBT, Para [0144], that is a resource is selected before LBT is performed. 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 improve resource selection in more complex service models for new radio.
Claim 9 is are rejected under 35 U.S.C. 103 as being unpatentable over Xue and in view of Seo et al (US 2019/0098605, hereinafter Seo).
Regarding claim 9, Xue discloses the method of claim 1, but not explicitly wherein the selection of the first sidelink resource from the candidate sidelink resources is triggered after the first LBT process. Seo discloses a UE can select a resource and transmit when channel is idle after LBT and the random backoff is performed, Para [0309]. 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 Seo in the system of Xue in order to more efficiently select resources in the unlicensed band.
Claims 3, 12, 13, 15 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 3 and 18, Xue discloses the method/apparatus of claim 1/16, but not wherein the selecting comprises: determining a predicted completion duration of the random backoff process to be a gap that is pre-configured or determined based on a system loading. Bhorkar2 discloses self-defer interval that can be pre-configured to defer action within that interval, Para [0093]. 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 claim 12, Xue discloses the method of claim 11, but not wherein a timing difference between the two discontinuous sidelink resources is longer than the COT, and the method further comprising: performing a second LBT process to obtain a COT for a transmission using the second sidelink resource, the selection of the second sidelink resource being based on an LBT time that is a predicted duration of a random backoff process of the second LBT process. Bhorkar2 discloses the UE can perform a Cat4 LBT when the PUSCH transmission is outside the original TxOP, Para [0086]/Fig. 5, therefore UE will have to perform a second LBT process to obtain the COT again to transmit second resource if it is outside the length of original COT, selecting the second resource based on projected LBT time as in Xue. 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 claim 13, Xue discloses the method of claim 11, but not wherein a timing difference between the two discontinuous sidelink resources is shorter than the COT, and the method further comprising: performing a short LBT process before a transmission using the second sidelink resource. Bhorkar2 discloses if the UL transmission is within the TxOP, only a single interval LBT is performed, Para [0086]/Fig. 5. 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 claim 15, Xue discloses the method of claim 1, 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.
Allowable Subject Matter
Claim 14 is 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.
Response to Arguments
Applicant's arguments filed 9/3/2025 have been fully considered but they are not persuasive. Applicant argues against the 112 rejection of claims 3 and 18. Applicant states the claim is clear and states the predicted completion duration of the random backoff process to be a gap and refers to support in Para [0006] and [0178]. In response, Para [0178] states “a predicted completion duration of the random backoff process can be determined to be a sum of the LBT time and a gap that is pre-configured or determined based on system loading”. This states the predicted completion duration is a sum of LBT time and a gap, not just a gap as in the claim. Applicant argues Xue does not disclose selection of the first sidelink resource is based on an LBT time that is a predicted duration of a random backoff process. Applicant argues the projected LBT completion time is only to define time window such as the resource selection window or to filer candidate resources. Applicant argues Xue discloses selecting earliest available resource or randomly selecting resources, as in Para [0224]. Applicant argues Xue teaches away from claim 1. In response, Xue discloses filtering a subset of resources based on projected LBT completion time, Para [0223], where UE selects earliest resource from the subset of resources, Para [0224]. Xue also discloses the resource selection window is based on projected LBT time and can start after the projected LBT completion time and the UE can trigger resource selection based on the projected LBT completion time, Para [0043]. Further the UE can exclude candidate resources that are earlier than the projected LBT completion time, Para [0044]. The projected LBT completion time is used to exclude resources prior to the LBT completion and/or setting the resource selection window after the completion, therefore selecting a resource is based on the projected LBT completion time. Applicant appears to admit the resource selection window is based on the projected LBT completion, where resources are selected from that selection window. Further Xue does not teach away either, Applicant’s own specification states an earliest available resource can be selected from the candidate resources, Para [0013]. Applicant argues over the dependent claims. The Applicant asserts the references do not disclose the dependent claims. In response, the Applicant merely asserts the dependent claims are not disclosed but has no actual argument. The references do disclose the dependent claims.
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