DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
PRIOR ART
The following references are prior art:
1. Appl. No.: 17/445,765 (“Yang”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2022/0070964 A1, names another inventor (Wei YANG), and was effectively filed Sep. 3, 2020 before Feb. 4, 2021, the earliest effective filing date.
2. 3GPP TS 38.213 5G; NR; Physical layer procedures for control is prior art under 35 U.S.C. 102(a)(1) since it published in January 2021 before Feb. 4, 2021, the earliest effective filing date. The reader should review the portions of this document cited below in the original document (provided herewith) because its special formatting was not designed to be copied.
3. Appl. No.: 17/445,255 (“Sun”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2022/0103300 A1, names another inventor (Jing SUN), and was effectively filed Sep. 25, 2020 before Feb. 4, 2021, the earliest effective filing date.
CLAIM REJECTIONS — 35 U.S.C. 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:
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
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.
CLAIMS 1, 2, 4, 6, 8-10, 12, 13, 15, AND 16
Claims 1, 2, 4, 6, 8-10, 12, 13, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Sun.
Claim 1
With respect to claim 1, Yang taught:
A method of a base station (Yang taught [0066] a base station 110 may communicate with the Tx/Rx UE 405 via a first access link.),
the method comprising: transmitting, to a user equipment (UE), information of a physical sidelink feedback channel (PSFCH) periodicity (Yang [0066] a base station 110 may communicate with the Tx/Rx UE 405 via a first access link. [0074] a BS may configure a DRX mode for a UE. For example, the BS may configure a periodicity of a DRX cycle or a time at which a DRX on duration is to occur. [0075] When a DRX mode is deployed in a sidelink communication system, both a first UE (which may be termed a transmitting (TX) UE) and a second UE (which may be termed a receiving (RX) UE) may operate in respective DRX modes with respective DRX mode configurations. For example, the first UE and the second UE may have the same or different DRX cycles or the same or different DRX on duration times. [0076] Some aspects described herein enable sidelink feedback in DRX mode operation. For example, a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions.);
determining a sidelink (SL) discontinuous reception (DRX) cycle based on the PSFCH periodicity (Yang [0076] a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions.);
and transmitting information on the SL DRX cycle to the UE (Yang [0069] As shown in FIG. 5, a base station 110 may transmit a DRX configuration to a UE 120 to configure a DRX cycle 505 for the UE 120. [0074] a BS may configure a DRX mode for a UE. For example, the BS may configure a periodicity of a DRX cycle or a time at which a DRX on duration is to occur. [0075] When a DRX mode is deployed in a sidelink communication system, both a first UE (which may be termed a transmitting (TX) UE) and a second UE (which may be termed a receiving (RX) UE) may operate in respective DRX modes with respective DRX mode configurations. For example, the first UE and the second UE may have the same or different DRX cycles or the same or different DRX on duration times.),
wherein the SL DRX cycle is determined so that a PSFCH according to the PSFCH periodicity is located within an on-duration of the SL DRX cycle (Yang [0076] a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions. [0089] a first length of a DRX cycle and a DRX on duration for the sidelink connection is an integer multiple of a second length of a PSFCH periodicity, and wherein communicating with the second UE comprises receiving a HARQ feedback message on the sidelink connection during a DRX on duration and using a PSFCH resource.);
and the SL DRX cycle is set as a product of the PSFCH periodicity and a number of hybrid automatic repeat request (HARQ) responses on a PSFCH (Yang [0059] The PSFCH 325 may be used to communicate sidelink feedback 340, such as hybrid automatic repeat request (HARQ) feedback (e.g., acknowledgement or negative acknowledgement (ACK/NACK) information). [0075] the first UE and the second UE may have the same or different DRX cycles or the same or different DRX on duration times, among other examples… when the respective DRX cycles are not aligned, the first UE and the second UE may not be able to communicate to, for example, enable the second UE to provide HARQ feedback as a response to a CSI RS transmission by the first UE.[0076] a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions. In this way, the first UE and the second UE ensure that the second UE can transmit HARQ feedback as a response to receiving, for example, a PSSCH from the first UE. Additionally, or alternatively, the first UE may schedule a physical sidelink shared channel (PSSCH) transmission such that the PSSCH transmission and a corresponding PSFCH transmission occur within a DRX on duration of the second UE, thereby enabling the second UE to receive the PSSCH transmission and transmit the corresponding PSFCH transmission. [0079] As further shown in FIGS. 6A and 6B, and by reference number 610, first UE 120-1 may determine a sidelink DRX configuration of second UE 120-2. For example, first UE 120-1 may determine when a sidelink DRX on duration of second UE 120-2 occurs. In some aspects, sidelink DRX configurations, such as a first sidelink DRX configuration of first UE 120-1 or a second sidelink DRX configuration of second UE 120-2, may accord with one or more communication rules. For example, a length of a sidelink DRX cycle and a sidelink DRX on duration may be an integer multiple of a PSFCH periodicity. [0082] As further shown in FIGS. 6A and 6B, and by reference number 620, first UE 120-1 may transmit a first communication to second UE 120-2 in accordance with the DRX configuration of second UE 120-2. For example, first UE 120-1 may transmit a PSSCH transmission that triggers a PSFCH transmission (e.g., of HARQ feedback). [0083] As further shown in FIGS. 6A and 6B, and by reference number 630, first UE 120-1 and second UE 120-2 may communicate on a sidelink feedback channel based at least in part on the transmission of the first communication. For example, second UE 120-2 may transmit a PSFCH communication, such as a HARQ ACK or a HARQ NACK, using a sidelink feedback resource during an on duration of second UE 120-2. [0089] In a first aspect, a first length of a DRX cycle and a DRX on duration for the sidelink connection is an integer multiple of a second length of a PSFCH periodicity, and wherein communicating with the second UE comprises receiving a HARQ feedback message on the sidelink connection during a DRX on duration and using a PSFCH resource. The Examiner finds that Yang taught the SL DRX cycle (i.e., the length of the sidelink DRX cycle and sidelink DRX on duration) is set as a product (i.e., integer multiple) of the PSFCH periodicity (i.e., the “second length of a PSFCH periodicity” in Yang) and a number of hybrid automatic repeat request (i.e., a HARQ feedback message on the sidelink connection during a DRX on duration and using a PSFCH resource, FIG. 6A illustrates 1 HARQ feedback 630). The Examiner notes that Yang taught that “a length of a sidelink DRX cycle and a sidelink DRX on duration may be an integer multiple of a PSFCH periodicity” where “The PSFCH 325 may be used to communicate sidelink feedback 340, such as hybrid automatic repeat request (HARQ) feedback (e.g., acknowledgement or negative acknowledgement (ACK/NACK) information).).
Yang taught the limitations of claim 1 discussed above but did not explicitly mention multiplexing of HARQ responses such that they are “multiplexed on one PSFCH” as claimed.
With respect to claim 7, Sun taught:
HARQ responses multiplexed on one PSFCH (Sun [0100] The UE may buffer the sidelink HARQ feedback and any other sidelink HARQ feedback. The UE may later receive a DCI 3_0 with a valid timing value (e.g., numerical value such as an amount of time or a quantity of symbols) for reporting new sidelink HARQ feedback, and multiplex the buffered sidelink HARQ feedback with the new sidelink HARQ feedback in a HARQ ACK codebook. The UE may transmit the HARQ ACK codebook so that the base station may reschedule sidelink communications or make other scheduling adjustments based at least in part on the buffered sidelink HARQ feedback. As a result, the UE conserves power, processing resources, and signaling resources that would otherwise be wasted by transmitting sidelink communications that are failing).
In addition, the Examiner notes that the 3GPP/5G communication in Yang (see [0005]) using OFDM, TDD, and FDD multiplexing, such that the HARQ responses are necessarily and inherently multiplexed.
The Examiner finds that it 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 to implement Sun’s sidelink HARQ feedback multiplexing technique in Yang’s sidelink HARQ sidelink feedback method, thereby achieving claim 7 (i.e., wherein the SL DRX cycle is set as a product of the PSFCH periodicity and a number of HARQ responses multiplexed on one PSFCH). The Examiner refers to MPEP 2141.03 and notes that "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396. The Examiner finds that a person of ordinary skill in the art would combine the teachings of Sun with Yang since doing so “the UE conserves power, processing resources, and signaling resources” (see Sun [0100]). Since Yang teaches that “a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions” (see Yang [0076]), it may be buffering HARQ feedback during DRX and therefore encounter a feedback buffering situation described in Sun and therefore take advantage of Sun’s techniques.
Claim 4
With respect to claim 4, Yang taught:
The method of claim 1 (see rejection above),
wherein the SL DRX cycle is set equal to the PSFCH periodicity or set to a multiple by N of the PSFCH periodicity, and the N is a rational number (Yang [0076] a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions. [0089] a first length of a DRX cycle and a DRX on duration for the sidelink connection is an integer multiple of a second length of a PSFCH periodicity, and wherein communicating with the second UE comprises receiving a HARQ feedback message on the sidelink connection during a DRX on duration and using a PSFCH resource.).
Claim 6
With respect to claim 6, Yang taught:
The method of claim 1 (see rejection above).
Yang failed to explicitly teach further including: transmitting, to the UE, information indicating that multiplexing of hybrid automatic repeat request (HARQ) responses is allowed and information indicating a number of HARQ responses multiplexed on the one PSFCH as claimed.
With respect to claim 6, Sun taught:
further including: transmitting, to the UE, information indicating that multiplexing of hybrid automatic repeat request (HARQ) responses is allowed and information indicating a number of HARQ responses multiplexed on the one PSFCH (Sun [0100] The UE may buffer the sidelink HARQ feedback and any other sidelink HARQ feedback. The UE may later receive a DCI 3_0 with a valid timing value (e.g., numerical value such as an amount of time or a quantity of symbols) for reporting new sidelink HARQ feedback, and multiplex the buffered sidelink HARQ feedback with the new sidelink HARQ feedback in a HARQ ACK codebook. The UE may transmit the HARQ ACK codebook so that the base station may reschedule sidelink communications or make other scheduling adjustments based at least in part on the buffered sidelink HARQ feedback. As a result, the UE conserves power, processing resources, and signaling resources that would otherwise be wasted by transmitting sidelink communications that are failing.)
The Examiner finds that it 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 to implement Sun’s sidelink HARQ feedback multiplexing technique in Yang’s sidelink HARQ sidelink feedback method, thereby achieving claim 6, since doing so “the UE conserves power, processing resources, and signaling resources” (see Sun [0100]). Since Yang teaches that “a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions” (see Yang [0076]), it may be buffering HARQ feedback during DRX and therefore encounter a feedback buffering situation described in Sun and therefore take advantage of Sun’s techniques.
Claim 8
Claim 8 recites limitations similar to claim 1 (see rejection above) except that it additionally recites “A method of a user equipment (UE), the method comprising performing a SL DRX operation based on the SL DRX cycle.” Claim 8 is rejected by the reasoning given for claim 1 along with the following reasons.
With respect to claim 8, Yang taught:
A method of a user equipment (UE), the method comprising performing a SL DRX operation based on the SL DRX cycle (Yang [0076] Some aspects described herein enable sidelink feedback in DRX mode operation. For example, a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions.).
Claim 10
Claim 10 recites limitations similar to claim 4 (see rejection above) and is rejected by the same reasoning.
Claim 13
With respect to claim 13, Yang taught:
A method of a user equipment (UE), the method comprising: receiving physical sidelink feedback channel (PSFCH) configuration information from a base station (Yang [0066] a base station 110 may communicate with the Tx/Rx UE 405 via a first access link. [0074] a BS may configure a DRX mode for a UE. For example, the BS may configure a periodicity of a DRX cycle or a time at which a DRX on duration is to occur. [0075] When a DRX mode is deployed in a sidelink communication system, both a first UE (which may be termed a transmitting (TX) UE) and a second UE (which may be termed a receiving (RX) UE) may operate in respective DRX modes with respective DRX mode configurations. For example, the first UE and the second UE may have the same or different DRX cycles or the same or different DRX on duration times. [0076] Some aspects described herein enable sidelink feedback in DRX mode operation. For example, a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions.);
determining a sidelink (SL) discontinuous reception (DRX) cycle based on a PSFCH periodicity indicated by the PSFCH configuration information (Yang [0076] a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions);
and performing a SL DRX operation based on the SL DRX cycle (Yang [0076] Some aspects described herein enable sidelink feedback in DRX mode operation. For example, a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions.),
wherein the SL DRX cycle is determined so that a PSFCH according to the PSFCH periodicity is located within an on-duration of the SL DRX cycle (Yang [0076] a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions. [0089] a first length of a DRX cycle and a DRX on duration for the sidelink connection is an integer multiple of a second length of a PSFCH periodicity, and wherein communicating with the second UE comprises receiving a HARQ feedback message on the sidelink connection during a DRX on duration and using a PSFCH resource).
Claim 15
Claim 15 recites limitations similar to claim 4 (see rejection above) and is rejected by the same reasoning.
Claim 16
Claim 14 recites limitations similar to a combination of claims 6 and 7 and is rejected by a combination of the reasoning given for those claims above.
CLAIMS 5 & 11
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of 3GPP TS 38.213.
Claim 5
With respect to claim 5, Yang taught:
The method of claim 1, wherein the PSFCH periodicity is 1 slot, 2 slots, 4 slots, or X slots, and the X is a natural number of 5 or more (Yang taught [0076] a first UE and a second UE may have sidelink DRX cycles associated with sidelink DRX on durations that are configured such that a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity and aligned to PSFCH occasions. [0079] a length of a sidelink DRX cycle and a sidelink DRX on duration may be an integer multiple of a PSFCH periodicity. Additionally, or alternatively, occurrences of the sidelink DRX on duration may be aligned to overlap with PSFCH occasions. For example, a sidelink DRX on duration and an associated sidelink DRX cycle may end with slots that include PSFCH occasions to enable PSFCH transmission in connection with the sidelink DRX on duration. [0089] a first length of a DRX cycle and a DRX on duration for the sidelink connection is an integer multiple of a second length of a PSFCH periodicity, and wherein communicating with the second UE comprises receiving a HARQ feedback message on the sidelink connection during a DRX on duration and using a PSFCH resource. [0090] the DRX on duration and the DRX cycle end in a slot that includes a PSFCH occasion.).
Yang taught the limitations of claim 5 above but failed to explicitly teach counting PSFCH periodicity by slots or that the number of slots used for PSFCH periodicity could be 1, 2, 3, 4, or 5 or more.
With Respect to claim 5, 3GPP 38.213 taught:
wherein the PSFCH periodicity is 1 slot, 2 slots, 4 slots, or X slots, and the X is a natural number of 5 or more (38.213 [p.168] 16.3 UE procedure for reporting HARQ-ACK on sidelink. A UE can be indicated by an SCI format scheduling a PSSCH reception, in one or more sub-channels from a number of N PSSCH PSFCH sub-channels, to transmit a PSFCH with HARQ-ACK information in response to the PSSCH reception. The UE provides HARQ-ACK information that includes ACK or NACK, or only NACK. A UE can be provided, by sl-PSFCH-Period, a number of slots in a resource pool for a period of PSFCH transmission occasion resources… A UE expects that a slot t’SLK- (0 ≤ K < T’max) has a PSFCH transmission occasion resource if ( k mod N PSSCH PSFCH = 0, where t’SLk- is defined in [6, TS 38.214], and T’max is a number of slots that belong to the resource pool within 10240 msec according to [6, TS 38.214], and N PSSCH PSFCH is provided by sl-PSFCH-Period. The Examiner finds that the “number of slots in a resource pool for a period of PSFCH transmission occasional resources” in 3GPP 38.213 reads on the claimed 1/2/3/4/5 number of slots for PSFCH periodicity because it can be 1, 2, 3, 4, 5, or more slots and is a natural number since because it corresponds to a slot which cannot be a non-whole number).
Claim 11
Claim 11 recites limitations similar to claim 5 and is rejected by the same reasoning.
RESPONSE TO ARGUMENTS
Applicant’s arguments filed 12/12/2025 have been fully considered but they are not persuasive. The reasons why are explained below. Nevertheless, Applicant did amend the claims and so the rejections under §102 have been withdrawn and replaced by rejections under §103 based on the previous §103 rejections made against similar limitations.
On page 5 Applicant argued:
Yang fails to disclose such features. Applicant respectfully submits that Yang merely discloses that "a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity". See Yang at 0076, as recited below. However, Yang fails to disclose the specific parameter used as this "integer." resource.
Here Applicant quotes where Yang states “a length of the sidelink DRX cycle is an integer multiple of a length of a physical sidelink shared channel (PSFCH) periodicity” but then argued that Yang does not disclose the specific parameter used as this integer. Yang does disclose the specific parameter: the integer is the length of the PFSCH periodicity. The length of the SSL DRC cycle is a multiple of that. Yang says that in the part Applicant quoted.
On page 5-6 Applicant argued that Yang is “without any teaching to link the cycle length the multiplexing capacity (i.e., the number of HARQ responses).” The Examiner notes that the claims are not limited to “multiplexing capacity.” The claims recite “the number of hybrid automatic repeat request (HARQ) responses multiplexed on PSFCH.” As discussed in the rejection above, Yang taught about the number of HARQ responses on PSFCH but didn’t describe multiplexing them; Sun does.
On page 6, Applicant argued:
Applicant notes that the amended independent claims recite that the SL DRX cycle is determined by the formula: [SL DRX Cycle]= [PSFCH Periodicity] x [Number of Multiplexed HARQ Responses] are argued Yang “does not disclose how to determine this integer.” The Examiner already explained how to determine this integer above (i.e., the integer is the length of the PFSCH periodicity). Regarding, “multiplexed,” the Examiner notes that Yang doesn’t bother to mention that the HARQ responses are multiplexed. However, the Examiner notes that the 3GPP/5G communication in Yang (see [0005]) using OFDM, TDD, and FDD multiplexing, such that the HARQ responses are necessarily and inherently multiplexed.
On page 6 Applicant argued:
JingSun teaches multiplexing feedback when an invalid timing value is received to conserve resources. See JingSun, paragraph 0100. Applicant noted that JingSun relates to payload management rather than time-domain cycle configuration. Accordingly, Neither of Yang and JingSun, alone or in combination, teaches determining the duration of the SL DRX cycle based on the number of multiplexed responses.
These arguments are not persuasive. Yang does not bother to mention multiplexing of HARQ on PSFCH. That is all Sun is relied on to teach. This teaching of multiplexing is also inherent to Yang (as discussed above).
CONCLUSION
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Davis whose telephone number is 703-756-1832. The examiner can normally be reached Mon-Fri from 11AM to 7PM ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh, can be reached at telephone number 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.R.D./
Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476