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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/21/2025 has been entered.
Response to Arguments
Applicant's arguments filed 11/21/2025 have been fully considered but they are not persuasive.
Regarding 103 rejection of claims 1, 5, 9, 13, Applicant argues in substance that “Lee fails to disclose the embodiment of the invention of (2) a negative-only acknowledgement in which the HARQ information includes on the HARQ NACK …when candidate PSFCH resources is greater than or equal to group size”
In response to argument, Examiner respectfully disagree. Lee discloses if the group size is less than or equal to number of PSFCH resources, HARQ feedback option 2 is used in which HARQ-NACK is used when UE does not successfully decode data. See paragraph [0136] and Table 5 below.
PNG
media_image1.png
318
836
media_image1.png
Greyscale
PNG
media_image2.png
433
586
media_image2.png
Greyscale
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.
Claims 1, 3, 4, 9, 11, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (USPN 20220052792) in view of Huang et al (USPN 20210037468), with provisional application 62/881571 filed 8/1/2019
Regarding claim 9, Lee discloses
a first terminal in a wireless communication system, the first terminal comprising: (first/Tx wireless device/UE comprising [0192-0199], FIG. 17 #100
a transceiver (transceiver [0199], FIG. 17 #106
at least one processor configured to: (processor, FIG. 17 # 102, operable to [0197], FIG. 14
in response to the HARQ feedback being enabled, identify whether a number of candidate physical sidelink feedback channel (PSFCH) resources associated with a sidelink grant is greater than or equal to a group size (Tx UE determines number of PSFCH resources greater than group size (i.e. group size less than number of PSFCH resources) when HARQ feedback enabled [0135-0136, 0112, 0117], Table 5, FIG. 12
in case that the number of the candidate PSFCH resources associated with the sidelink grant is greater than or equal to the group size, select one of (when PSFCH resources associated with SL grant being greater than group size (or size of group is less than PSFCH resources), Tx UE selects either [0126-0130, 0136], Tables, 5, 6
(1) a positive-negative acknowledgement in which HARQ information includes one of a HARW acknowledgement (ACK) or a HARQ negative-acknowledgement (NACK) (transmits NACK if UE does not successfully decode received data [0135-0139], Table 5
(2) a negative-only acknowledgment in which the HARQ information includes only the HARQ NACK (transmits ACK if UE successfully decodes data [0135-0139], Table 5
in case that the number of the candidate PSFCH resources associated with the sidelink grant is smaller than the group size, selecting the negative-only acknowledgement (when PSFCH resources associated with SL grant being less than group size (or size of group is greater than PSFCH resources), Tx UE selects HARQ feedback option 1 [0126-0130, 0136, 0138-0139], Tables, 5, 6
transmit, to a second terminal, sidelink control information (SCI) indicating that the HARQ feedback is enabled and a result of selection (Tx UE select feedback option and transmits to other UEs as part of SCI, with feedback option itself indicating feedback enabled [0141, 0136, 0137, 0152, 0199], FIG. 12
Lee does not expressly disclose identify whether a hybrid automatic repeat request (HARQ) feedback is enabled for a groupcast
Huang discloses identify whether hybrid automatic repeat request (HARQ) feedback is enabled for a groupcast (terminal determines whether HARQ feedback is enabled by configuration/pre-configuration [0242], provisional application page 33
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “identify whether a hybrid automatic repeat request (HARQ) feedback is enabled for a groupcast” as taught by Huang into Lee’s system with the motivation to implement SL HARQ feedback in a groupcast (Huang, paragraph [0232-0248])
Claim 1 is rejected based on similar ground(s) provided in rejection of claim 9.
Regarding claims 3, 11, Lee discloses “wherein, when the negative-only acknowledgement is selected, only the HARQ NACK is received from the second terminal when a data is not successfully decoded by the second terminal” HARQ-NACK is received from UE 2 when data can not be decoded [0136], Table 5
Regarding claims 4, 12, Lee discloses “wherein the group size is determined by number of group members for the groupcast” group size being maximum number of supportable UEs in groupcast [0136]
Claims 5-8, 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Sartori et al (WO2020264543A2), with provisional application 62/983086 filed 2/28/2020
Regarding claim 13, Lee discloses
a second terminal in a wireless communication system, the second terminal comprising: (second wireless device/Rx UE comprising [0192-0199], FIG. 17 #200
a transceiver (transceiver [0195], FIG. 17 #206
at least one processor configured to: (processor operable to [0195], FIG. 17 #202
receive, from a first terminal via the transceiver, sidelink control information (SCI) indicating that a hybrid automatic repeat request (HARQ) feedback second information related to a selection (receive from Tx UE SCI indicating HARQ option selection [0137, 0162, 0141, 0136, 0152, 0199], FIG. 12
wherein negative-only acknowledgement is selected in case that a number of candidate physical sidelink feedback channel (PSFCH) resources associated with a sidelink grant is smaller than a group size (when PSFCH resources associated with SL grant being smaller than group size, HARQ feedback option 1 indicated by SCI [0139-0141], Tables, 5, 6
wherein one of a positive-negative acknowledgment or the negative-only acknowledgement is selected in case that the number of the candidate PSFCH resources associated with the sidelink grant is greater than or equal to the group size, wherein HARQ information includes one of a HARQ acknowledgment (ACK) or a HARQ NACK when the positive-negative acknowledgement is selected and the HARQ information incudes only the HARQ NACK when the negative-only acknowledgement is selected (selection of Option 1 (NACK only) or Option 2 (ACK or NACK) dependent on group size dependent on PSFCH resources being greater than or equal to group size [0138-0141], Tables 5, 6
Lee does not expressly disclose receive, via the transceiver, sidelink control information (SCI) indicating that a hybrid automatic repeat request (HARQ) feedback is enabled; identify, based on the second information included in the SCI, whether a negative-only acknowledgement is selected; identify whether location information of the second terminal is available; transmit, to the first terminal via transceiver, a HARQ negative acknowledgement (NACK) for data that is not successfully decoded, in case that the negative-only acknowledgement selected the location information of the second terminal is not available
Sartori discloses receive, via the transceiver, sidelink control information (SCI) indicating that a hybrid automatic repeat request (HARQ) feedback is enabled (receive SCI indicating HARQ enabled (page 19, 23), provisional application pages 7-9
identify, based on the second information included in the SCI, whether a negative-only acknowledgement is selected (RxUE identifies distance-based groupcast option 1 mode is used (pages 15, 13), provisional application pages 7-9
identify whether location information of the second terminal is available (determines whether Rx UE’s location information is available (pages 14, 15), FIGs. 7A, 7B, provisional application pages 7-9
transmit, to the first terminal via transceiver, a HARQ negative acknowledgement (NACK) for data that is not successfully decoded, in case that the negative-only acknowledgement selected the location information of the second terminal is not available (Rx UE transmits NACK when packet not successfully received and its location information (pages 16-18), provisional application pages 7-9
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “receive, via the transceiver, sidelink control information (SCI) indicating that a hybrid automatic repeat request (HARQ) feedback is enabled; identify, based on the second information included in the SCI, whether a negative-only acknowledgement is selected; identify whether location information of the second terminal is available; transmit, to the first terminal via transceiver, a HARQ negative acknowledgement (NACK) for data that is not successfully decoded, in case that the negative-only acknowledgement selected the location information of the second terminal is not available” as taught by Sartori into Lee’s system with the motivation to enable an Rx UE to transmit HARQ feedback when its location is not available (Sartori, pages 18, 19)
Claim 5 is rejected based on similar ground(s) provided in rejection of claim 13.
Regarding claims 6, 14, Lee does not expressly disclose identifying a distance between the first terminal and the second terminal, in case that the negative-only acknowledgement is selected and the location information of the second terminal is available; wherein the negative acknowledgement for the data that is not successfully decoded is transmitted based on the identified distance”
Sartori discloses “identifying a distance between the first terminal and the second terminal, in case that the negative-only acknowledgement is selected and the location information of the second terminal is available, (Rx UE determines distance between Tx UE and itself less than communication range and HARQ option is indicated by SCI based on Rx UE’s location information (pages 18, 19), provisional application pages 7-9
wherein the negative acknowledgement for the data that is not successfully decoded is transmitted based on the identified distance” distance between Tx UE and itself less than communication range (pages 18, 19), provisional application pages 7-9
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “identifying a distance between the first terminal and the second terminal, in case that the negative-only acknowledgement is selected and the location information of the second terminal is available; wherein the negative acknowledgement for the data that is not successfully decoded is transmitted based on the identified distance” as taught by Sartori into Lee’s system with the motivation to enable an Rx UE to transmit HARQ feedback when its location is not available (Sartori, pages 18, 19)
Regarding claims 7, 15, Lee does not expressly disclose “wherein the distance between the first terminal and the second terminal is identified based on a communication range”
Sartori discloses distance between Tx UE and itself less than communication range (pages 18, 19), provisional application pages 7-9
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the distance between the first terminal and the second terminal is identified based on a communication range” as taught by Sartori into Lee’s system with the motivation to enable an Rx UE to transmit HARQ feedback when its location is not available (Sartori, pages 18, 19)
Regarding claims 8, 16, Lee does not expressly disclose “wherein the negative acknowledgement for the data that is not successfully decoded is transmitted without identifying a distance between the first terminal and the second terminal in case that the negative-only acknowledgement selected and the location information of the second terminal is not available”
Sartori discloses Rx UE transmits NACK when packet not successfully received and distance not identifiable since its location information not available and SCI indicates HARQ option 1 (pages 18, 19, 23), provisional application pages 7-9
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the negative acknowledgement for the data that is not successfully decoded is transmitted without identifying a distance between the first terminal and the second terminal in case that the negative-only acknowledgement selected and the location information of the second terminal is not available” as taught by Sartori into Lee’s system with the motivation to enable an Rx UE to transmit HARQ feedback when its location is not available (Sartori, pages 18, 19)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Huang et al (USPN 20210037468) FIG. 27
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI NGUYEN whose telephone number is (571)270-7632. The examiner can normally be reached M-F campus 10:30-5pm, telework 6pm-8pm| Telework count days.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian N Moore can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THAI NGUYEN/Primary Examiner, Art Unit 2469