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 .
This Office Action is in response to amendment filed on December 11, 2025.
In virtue of this communication, claims 1-20 are currently pending in this Office Action.
The Office appreciates the explanation of the amendment and analyses of the prior arts, and however, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993) and MPEP 2145.
Response to Arguments
Applicant's arguments filed on 12/11/2025 (Remarks, page 5, 6) with respect to the prior art rejection of claim 1 has been fully considered and it is not persuasive.
Applicant argue the combined references cannot be said to teach or suggest the missing limiation "receiving by a first UE one or more RRC configuration parameters indicating a plurality of starting times”. Examiner respectfully disagrees.
In paragraph [0341], Rastegard indicate “The UE may transmit the PSSCH in the same slot as the associated PSCCH… higher layer parameters indicating the starting sidelink symbol (e.g., startSLsymbols) and a number of consecutive sidelink symbols (e.g., lengthSLsymbols) … Within the slot, PSSCH resource allocation may start at symbol startSLsymbols+1 (e.g., second sidelink symbol of the slot). The UE may not transmit PSSCH in symbols which are configured for use by PSFCH, if PSFCH is configured in this slot”, wherein starting time is adaptive based on startSLsymbols, lengthSLsymbols, PSFCH occupied symbols. Thus these three parameters serving the similar function as “a plurality of starting times”.
In paragraph [0389], Rastegard indicate “the first wireless device may determine an AGC symbol located before or prior to a starting symbol of the PSBCH, PSCCH, PSSCH …the first wireless device may start the LBT procedure at least one symbol or a certain period (e.g., in terms of p or ms) before and/or prior to a starting symbol of the AGC symbol”, wherein starting time is adaptive based on startSLsymbols and AGC location, thus these two parameters serving the similar function as “a plurality of starting times”.
In paragraph [0388], Rastegard indicate “a first wireless device may perform, during a period in one or more symbols, an LBT procedure on a channel comprising a sidelink resource … The wireless device may not transmit, via the sidelink resource (e.g., comprising PSBCH, PSCCH, PSSCH, and/or PSFCH), the data and/or the signal to the second wireless device, e.g., in response to the LBT procedure indicating the channel is busy. The wireless device may transmit, via the sidelink resource (e.g., comprising PSBCH, PSCCH, PSSCH, and/or PSFCH), the data and/or the signal to the second wireless device, e.g., in response to the LBT procedure indicating the channel is idle”, wherein starting time is adaptive based on startSLsymbols and channel status stated in LBT procedure, thus startSLsymbols and channel status serving the similar function as “a plurality of starting times”.
Rastegard further disclose a UE may be configured by RRC configuration parameters with one or more sidelink resource pools, which include PSCCH resources/occasions, AGC symbols and PSFCH resources/occasions, see paragraph [0333], “A UE may be configured by higher layers (e.g., by RRC configuration parameters) with one or more sidelink resource pools”, and paragraph [0357], “The sidelink symbols may comprise one or more symbols of the slot, wherein a parameter (e.g., indicated by RRC) may indicate the number of sidelink symbols of the slot … the sidelink symbols may comprise one or more PSCCH resources/occasions and/or one or more PSCCH resources and/or zero or more PSFCH resources/occasions. The sidelink
symbols may comprise one or more AGC symbols”.
Based on the aforementioned reasoning, Examiner maintains the current ground of rejection.
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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US 20230066174 A1, hereinafter Xu) and in view of Rastegard et al. (US 20240057132 A1, hereinafter Rastegard).
Claim 1: XU teaches a method of channel access for sidelink communications ([0005], “transmitting a sidelink communication to the second UE at a starting time selected from one or more of the one or more contention slot starting times”) in unlicensed bands SL-U ([0027], “FIGS. 5A-5G are diagrams illustrating one or more examples of UE-to-UE channel occupancy time sharing in unlicensed spectrum”), comprising the steps of:
determining the plurality of starting times ([0009], “one or more contention slot starting times occur in one or more of a last symbol in a current slot or a first symbol in a next slot”) based on the one or more radio resource control (RRC) configuration parameters;
initiating, a listen-before-talk LBT process in a first timing that is based on a first starting time of the plurality of starting times in the slot ([0005], performed by a first user equipment UE, may include: determining, within a channel occupancy time shared with a second UE, one or more contention slot starting times based at least in part on a listen before talk LBT duration, [0009], “one or more contention slot starting times occur in one or more of a last symbol in a current slot or a first symbol in a next slot”); and
transmitting, by the first UE to a second UE, first sidelink data ([0005], “and transmitting a sidelink communication to the second UE at a starting time selected from one or more of the one or more contention slot starting times”) in response to the initiated LBT process indicating clear channel ([0062], “The LBT procedure may generally include a clear channel assessment CCA procedure that is performed in order to determine whether the unlicensed channel is available”);
However, Xu does not explicitly teach receiving, by a first user equipment (UE), one or more radio resource control (RRC) configuration parameters indicating a plurality of starting times in a slot;
starting times are determined based on the one or more radio resource control (RRC) configuration parameters;
Rastegard, from the same or similar field of endeavor, teaches receiving, by a first user equipment (UE), one or more radio resource control (RRC) configuration parameters ([0333], “A UE may be configured by higher layers (e.g., by RRC configuration parameters) with one or more sidelink resource pools”, [0357], “The sidelink symbols may comprise one or more symbols of the slot, wherein a parameter (e.g., indicated by RRC) may indicate the number of sidelink symbols of the slot … the sidelink symbols may comprise one or more PSCCH resources/occasions and/or one or more PSCCH resources and/or zero or more PSFCH resources/occasions. The sidelink symbols may comprise one or more AGC symbols”) indicating a plurality of starting times in a slot ([0334], “A set of slots that may belong to a sidelink resource pool … a higher layer (e.g., MAC or RRC) parameter may indicate a value of Y as the sidelink starting symbol of a slot (e.g., sl-StartSymbol)”, [0336], “PSCCH resource/symbols may be configured in every slot of the resource pool. In an example, PSCCH resource/symbols may be configured in a subset of slot of the resource pool”, wherein configuring “starting sidelink symbol” and “number of consecutive sidelink symbols” for current slot and next slot”, [0341], “The UE may transmit the PSSCH in the same slot as the associated PSCCH… higher layer parameters indicating the starting sidelink symbol (e.g., startSLsymbols) and a number of consecutive sidelink symbols (e.g., lengthSLsymbols) … Within the slot, PSSCH resource allocation may start at symbol startSLsymbols+1 (e.g., second sidelink symbol of the slot). The UE may not transmit PSSCH in symbols which are configured for use by PSFCH, if PSFCH is configured in this slot”, wherein startSLsymbols , lengthSLsymbols, PSFCH occupied symbols are serving the similar function as “a plurality of starting times”, [0389], “the first wireless device may determine an AGC symbol located before or prior to a starting symbol of the PSBCH, PSCCH, PSSCH …the first wireless device may start the LBT procedure at least one symbol or a certain period (e.g., in terms of p or ms) before and/or prior to a starting symbol of the AGC symbol”, wherein starting time is adaptive based on startSLsymbols and AGC location, thus these two parameters serving the similar function as “a plurality of starting times”); determining the plurality of starting times based on the one or more radio resource control (RRC) configuration parameters ([0341], “The UE may transmit the PSSCH in the same slot as the associated PSCCH… higher layer parameters indicating the starting sidelink symbol (e.g., startSLsymbols) and a number of consecutive sidelink symbols (e.g., lengthSLsymbols) … Within the slot, PSSCH resource allocation may start at symbol startSLsymbols+1 (e.g., second sidelink symbol of the slot). The UE may not transmit PSSCH in symbols which are configured for use by PSFCH, if PSFCH is configured in this slot”, [0334], “higher layer (e.g., MAC or RRC) parameter may indicate a value of Y as the sidelink starting symbol of a slot (e.g., sl-StartSymbol) … a higher layer (e.g., MAC or RRC) parameter may indicate a value of X as the number of sidelink symbols in a slot”. Wherein a last symbol in a current slot will be retrieved from X and Y, thus both stating symbol Y and number of sidelink symbols X are associated with starting time. [0336], “PSCCH resource/symbols may be configured in every slot of the resource pool. In an example, PSCCH resource/symbols may be configured in a subset of slot of the resource pool”, wherein configuring “starting sidelink symbol” and “number of consecutive sidelink symbols” for current slot and next slot”, [0388], “a first wireless device may perform, during a period in one or more symbols, an LBT procedure on a channel comprising a sidelink resource … The wireless device may not transmit, via the sidelink resource (e.g., comprising PSBCH, PSCCH, PSSCH, and/or PSFCH), the data and/or the signal to the second wireless device, e.g., in response to the LBT procedure indicating the channel is busy. The wireless device may transmit, via the sidelink resource (e.g., comprising PSBCH, PSCCH, PSSCH, and/or PSFCH), the data and/or the signal to the second wireless device, e.g., in response to the LBT procedure indicating the channel is idle”);
Xu and Rastegard are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Xu with the feature of utilizing starting symbol and duration of symbols of a resource pool, configured by RRC, as taught by Rastegard, so Xu’s LBT process would be initiated based upon the RRC configuration parameters as suggested in Rastegard, for the benefit of allowing the UE to process LBT process based on flexible and dynamic configuration.
Claim 5 is analyzed and rejected according to claim 1 and Rastegard further teaches each starting time of the plurality of starting times is associated with a symbol number of the slot ([0341], “higher layer parameters indicating the starting sidelink symbol (e.g., startSLsymbols) and a number of consecutive sidelink symbols (e.g., lengthSLsymbols)”).
The motivation for combining Xu and Rastegard regarding to the claim 1is also applied to claim 5.
Claim 2: XU teaches the method of claim 1, the listen-before-talk LBT process is initiated on an unlicensed carrier ([0062], “The LBT procedure may generally include a clear channel assessment CCA procedure that is performed in order to determine whether the unlicensed channel is available”).
Claim 3: XU teaches the method of claim 2, the listen-before-talk LBT process is initiated on an LBT bandwidth of the unlicensed carrier ([0068], “perform an LBT operation during the LBT duration to ensure that the unlicensed channel is available prior to transmitting”).
Claim 4: XU teaches the method of claim 2, further comprising receiving by the first user equipment UE configuration parameters of the unlicensed carrier ([0070], “As shown in FIG. 5A, example(s) 500 include an initiating UE 120i that has acquired a channel occupancy time during which the UE 120i is permitted to transmit on an unlicensed channel”).
Claim 6: XU teaches the method of claim 5, wherein the plurality of starting times comprise symbol 0 ([0079], “UE 120r selects a candidate contention slot starting time prior to the slot boundary between slot n and slot n+1, a signal transmitted prior to the slot boundary may be considered a cyclic prefix extension of symbol 0 in slot n+1”) and symbol 7 ([0074], “the UE 120r may determine the one or more candidate contention slot starting times, which may represent possible times when the UE 120r can start a transmission in the channel occupancy time shared by the UE 120i, within a joint period that includes the last symbol (symbol 13) in a current slot”).
Claim 7: The combination of XU and Rastegard teaches the method of claim 1, wherein at least one starting time is pre-configured (XU, [0068], it describes pre-configurable starting times, which are based on a LBT duration, an AGC duration, and selectable contention slots. Rastegard, [0357], “a (sub)set of symbols of a slot, associated with a resource pool of a sidelink BWP, that is (pre-)configured for sidelink communication (e.g., transmission and/or reception) may be referred to as ‘sidelink symbols’ of the slot. The sidelink symbols may be contiguous/consecutive symbols of a slot. The sidelink symbols may start from a sidelink starting symbol (e.g., indicated by an RRC parameter)”).
Claim 8: The combination of XU and Rastegard teaches the method of claim 1, the starting times of the plurality of starting times are configurable (XU, [0068], it describes configurable starting times, which are based on a LBT duration, an AGC duration, and selectable contention slots. Rastegard, [0357], “a (sub)set of symbols of a slot, associated with a resource pool of a sidelink BWP, that is (pre-)configured for sidelink communication (e.g., transmission and/or reception) may be referred to as ‘sidelink symbols’ of the slot. The sidelink symbols may be contiguous/consecutive symbols of a slot. The sidelink symbols may start from a sidelink starting symbol (e.g., indicated by an RRC parameter)”).
Claim 9: Rastegard teaches the method of claim 8, receiving one or more radio resource control (RRC) messages comprising the one or more RRC configuration parameters indicating the configurable plurality of starting times ([0333], “A UE may be configured by higher layers (e.g., by RRC configuration parameters) with one or more sidelink resource pools”, [0334], “A set of slots that may belong to a sidelink resource pool … a higher layer (e.g., MAC or RRC) parameter may indicate a value of Y as the sidelink starting symbol of a slot (e.g., sl-StartSymbol)”, [0341], “The UE may transmit the PSSCH in the same slot as the associated PSCCH… higher layer parameters indicating the starting sidelink symbol (e.g., startSLsymbols) and a number of consecutive sidelink symbols (e.g., lengthSLsymbols) … Within the slot, PSSCH resource allocation may start at symbol startSLsymbols+1 (e.g., second sidelink symbol of the slot). The UE may not transmit PSSCH in symbols which are configured for use by PSFCH, if PSFCH is configured in this slot”, wherein startSLsymbols , lengthSLsymbols, PSFCH occupied symbols are serving the similar function as “a plurality of starting times”, [0389], “the first wireless device may determine an AGC symbol located before or prior to a starting symbol of the PSBCH, PSCCH, PSSCH …the first wireless device may start the LBT procedure at least one symbol or a certain period (e.g., in terms of p or ms) before and/or prior to a starting symbol of the AGC symbol”, wherein starting time is adaptive based on startSLsymbols and AGC location, thus these two parameters serving the similar function as “a plurality of starting times”).
The motivation for combining Xu and Rastegard regarding to the claim 1is also applied to claim 9.
Claim 10: XU teaches the method of claim 1, wherein the starting times of the plurality of starting times are carrier specific ([0014], “a quantity of the one or more contention slot starting times is based at least in part on a subcarrier spacing”).
Claim 11: XU teaches the method of claim 1, at least one first starting time in a first plurality of starting times, associated with a first ([0086], “the one or more contention slot starting times occur in one or more of a last symbol in a current slot”) carrier ([0014], “a quantity of the one or more contention slot starting times is based at least in part on a subcarrier spacing”), is not in a second plurality of starting times associated with a second carrier ([0078], “UE 120r selects a candidate contention slot starting time prior to the slot boundary between slot n and slot n+1”).
Claim 12: XU teaches the method of claim 1, wherein each starting time of the plurality of starting times is associated with a starting position of a plurality of starting positions that are permissible starting positions ([0068], it describes the starting time position is determined based on channel availability, enough AGC training time and enough LBT process time).
Claim 13: XU teaches the method of claim 1, wherein the clear channel indication is further based on channel reservation ([0071], “the LBT procedure may include a clear channel assessment CCA procedure that the UE 120i performs to determine whether the unlicensed channel is available”).
Claim 14: XU teaches the method of claim 1, the first timing of the initiated listen- before-talk LBT process occurs before the first starting time (Fig. 4B, [0062], it indicates LBT may be performed before transmitting).
Claim 15: XU teaches the method of claim 14, wherein the listen-before-talk (LBT) process indicates the clear channel before the first starting time ([0062], “prior to gaining access to and/or transmitting over an unlicensed channel, a transmitting device (e.g., base station 110, UE 405, UE 410, and/or the like) may need to perform a listen-before-talk (LBT) procedure to contend for access to the unlicensed channel”).
Claim 16: XU teaches the method of claim 14, further comprising performing transmissions, by the first user equipment UE, between a clear channel timing of the clear channel, indicated by the listen-before-talk LBT process, and the first starting time ([0068], “a responding UE attempting to initiate a sidelink transmission during a channel occupancy time shared by an initiating UE may select an appropriate contention slot that leaves sufficient time to perform an LBT operation during the LBT duration to ensure that the unlicensed channel is available prior to transmitting”).
Claim 17: XU teaches the method of claim 16, wherein the transmissions are performed based on transmitting one or more automatic gain control AGC ([0078], “the AGC duration may have a length that depends on UE functionality (e.g., how much time is needed to perform AGC training), the length of the LBT duration”) symbols ([0075], it describes AGC duration with symbol).
Claim 18: XU teaches the method of claim 17, a number of the one or more automatic gain control AGC symbols is less than or equal to a first number ([0075], “Accordingly, the AGC period, T.sub.AGC, may correspond to a half-symbol (e.g., the second half of symbol 0). Alternatively, in the case of a 15 kHz subcarrier spacing, which generally has a longer symbol duration than a 30 kHz or 60 kHz subcarrier spacing, the AGC period, T.sub.AGC, may include a full symbol (e.g., all of symbol 0) to enable better AGC performance”).
Claim 19: XU teaches the method of claim 18, wherein the first number is pre-configured ([0078], “the AGC duration may have a length that depends on UE functionality (e.g., how much time is needed to perform AGC training), the length of the LBT duration”).
Claim 20: XU teaches the method of claim 18, wherein the first number is configurable ([0078], “the AGC duration may have a length that depends on UE functionality (e.g., how much time is needed to perform AGC training), the length of the LBT duration”).
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 YONGHONG ZHAO whose telephone number is (571)272-4089. The examiner can normally be reached Monday -Friday 9:00 am - 5:00pm.
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/Y.Z./Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472