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 .
Response to Arguments
Applicant’s amendments to the abstract and claims are sufficient to overcome the objections and the rejection under 35 USC 101. Additionally, in regard to the anticipation rejections under Back, Ko, and Huang, those rejections have been withdrawn.
Applicant's arguments filed on 10/23/2025 with respect to the Huang disclosure have been fully considered but they are not persuasive. In substance, applicant argues that Huang discloses that sensing is performed during the on duration and no sensing is performed during the sleep time/DRX dormant duration.
The examiner respectfully disagrees with applicant’s assertions. Huang does disclose performing sensing within the first time range comprising performing sensing during a DRX dormant duration. Huang discloses a first device receiving information indicative of a DRX pattern of the second device. As admitted by applicant, “[T]hat is to say, Huang at most discloses performing sensing during the sleep time (or within the DRX dormant duration….)”, see remarks page 7. Applicant further contends that indication information is not configured to indicate whether sensing is performed with the DRX dormant duration. Yet applicant goes on to state that “the second device will definitely perform sensing the sleep time, since the signal indicated to do so”. So there is in fact an indication to performing the sensing during the DRX duration. The abstract explicitly states “a first device receives a configuration and/or an information wherein the configuration and/or the information is indicative of a DRX pattern” and that the “signal indicates the second device to perform monitoring and/or sensing”. Fig 13, 16 and paragraph 0528 all indicate that the signal itself includes indication information that us used to see if a candidate resource is during a sleep time of the DRX pattern. With respect to the nuance of definitely performing and not definitely performing, the examiner respectfully points out that the claims do not claim such a distinction or such language. Therefore, given the current scope and interpretation of the claims, Back and Huang still meet the scope of the limitations as currently claimed.
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 9 and 19 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.
Particularly, the claims state that the time range for performing sensing is based on the DRX comprises at least one of and then only gives one option. It should be noted that these claims were amended to remove the second option.
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.
Claim(s) 1, 4-9, 11, 14-18 and 20 is/are rejected under 35 U.S.C. 103 as being obvious over Back et al (US 2022/0418036) hereinafter Back in view of Huang et al (US 20210227604) hereinafter Huang.
As to claim 1, Back teaches a Discontinuous Reception (DRX)-based sensing method, comprising: determining, by a first terminal based on first information, a time range for performing sensing based on DRX (fig 20, abstract, 0184-0187, 0207);
wherein the first information comprises indication information (fig 20, abstract, 0184-0187, 0207);
wherein the indication information is configured to indicate that sensing is performed within a first time range (fig 20, abstract, 0184-0187, 0207).
However, Back does not explicitly indicate wherein performing sensing within the first time range comprises performing sensing during the DRX dormant duration.
Huang, in a similar field of endeavor teaches wherein performing sensing within the first time range comprises performing sensing during the DRX dormant duration (abstract, 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Huang into those of Back in order to increase the time to communicate and availability.
As to claim 4, Back teaches the method of claim 1, wherein the indication information is pre-configuration information or network configuration information (0008, 0117, 0184).
As to claim 5, Back teaches the method of claim 4, wherein the network configuration information is at least one of System Information Block (SIB) information, Radio Resource Control (RRC) signaling, or Downlink Control Information (DCI) signaling (0039, 0105, it should be noted that according to claim 4, network configuration is not required).
As to claim 6, Back teaches the method of claim 1, wherein the first information comprises a first parameter (fig 20, abstract, 0184-0187, 0207).
As to claim 7, Back teaches the method of claim 6, wherein the first parameter comprises at least one of parameters: a priority, delay, reliability, a Channel Busy Ratio (CBR), a service type, or a logical channel (0187).
As to claim 8, Back teaches the method of claim 7, wherein determining, by the first terminal based on the first information, the time range for performing sensing based on DRX comprises: determining, by the first terminal based on the first parameter and a first threshold, the time range for performing sensing based on the DRX (fig 20, abstract, 0184-0187, 0207).
As to claim 9, Back teaches the method of claim 1, wherein determining, by the first terminal based on the first parameter and the first threshold, the time range for performing sensing based on the DRX comprises at least one of: determining, in a case where a reliability requirement is lower than a reliability threshold, that sensing is performed within the first time range wherein the first threshold comprises the reliability threshold (fig 20, abstract, 0184-0187, 0207).
As to claim 11, Back teaches a terminal device, comprising: a processor, and a memory configured to store computer instructions executable by the processor, wherein the processor is configured to perform an operation of: determining, based on first information, a time range for performing sensing based on Discontinuous Reception (DRX).
wherein the first information comprises indication information (fig 20, abstract, 0184-0187, 0207);
wherein the indication information is configured to indicate that sensing is performed within a first time range (fig 20, abstract, 0184-0187, 0207).
However, Back does not explicitly indicate wherein performing sensing within the first time range or performing sensing within the second time range comprises performing sensing during the DRX active duration and the DRX dormant duration.
Huang, in a similar field of endeavor teaches wherein performing sensing within the first time range comprises performing sensing during the DRX dormant duration (abstract, 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Huang into those of Back in order to increase the time to communicate and availability.
As to claim 14, Back teaches the terminal device of claim 11, wherein the indication information is pre-configuration information or network configuration information (0008, 0117, 0184).
As to claim 15, Back teaches the terminal device of claim 14, wherein the network configuration information is at least one of System Information Block (SIB) information, Radio Resource Control (RRC) signaling, or Downlink Control Information (DCI) signaling (0039, 0105, it should be noted that according to claim 14, network configuration is not required)
As to claim 16, Back teaches the terminal device of claim 11, wherein the first information comprises energy saving information (0042, 0139-0140, 0149, 0156, 0168, 0186).
As to claim 17, Back teaches the terminal device of claim 16, wherein the energy saving information comprises at least one of: battery level information of the terminal; or energy saving level information of the terminal (0042, 0139-0140, 0149, 0156, 0168, 0186).
As to claim 18, Back teaches the terminal device of claim 17, wherein the processor is further configured to perform an operation of determining, based on the battery level information of the first terminal and a third threshold, the time range for performing sensing based on DRX (0042, 0139-0140, 0149, 0156, 0168, 0186-the third threshold is not constrained to be energy/battery level).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Back and Huang (as applied in the rejection above) further in view of official notice.
As to claim 19, Back and Huang teach the terminal device of claim 18. However, Back and Huang do not disclose wherein determining, based on the battery level information of the first terminal and the third threshold, the time range for performing sensing based on DRX comprises at least one of: determining, in a case where the remaining battery level of the first terminal is lower than the third threshold, that sensing is performed within the first time range.
Official notice is taken that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to use a threshold for a battery level and perform sensing in a time range that suits the given battery level thus teaching wherein determining, based on the battery level information of the first terminal and the third threshold, the time range for performing sensing based on DRX comprises at least one of: determining, in a case where the remaining battery level of the first terminal is lower than the third threshold, that sensing is performed within the first time range; or determining, in a case where the remaining battery level of the first terminal is higher than or equal to the third threshold, that sensing is performed within the second time range.
It would be advantageous to do so in order to ensure the device has enough battery to perform sensing or reduce latency in the scenario when the device has ample battery.
Comment on Prior Art included in IDS
Examiner notes that the prior arts located in the IDS submitted 7/17/2026 are relevant. Particularly relevant is the Ericsson 3GPP Disclosure (D2) that discloses the amended subject matter. The examiner finds the discussion in the SIPO Office Action persuasive. However, in light of the rejection under Back and Huang being maintained, an additional rejection has not been put on record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Asad M Nawaz whose telephone number is (571)272-3988. The examiner can normally be reached 8:15-4:45 M-F.
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/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
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