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 .
DETAILED ACTION
Claim Rejections - 35 USC §102(a)2
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 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 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)(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.
Claim(s) 1-4,7-11,14,16--30 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Van Phan et al (US 20230284207 A1) hereinafter as Van Phan.
Regarding claim(s) 1,19,27, Van Phan discloses a method and apparatus for wireless communication at a user equipment (UE) (See Fig(s). 1 with UE 110 wireless communication with UEs 120), comprising:
determining, by the UE, one or more sidelink resources for transmission of sidelink data in a first carrier in an unlicensed frequency spectrum band (See Fig(s). 2 step 202, See ¶ 22, 109, determining by the Tx UE SL resources via sensing, a sensing on at least one of a first pool on a first carrier and a second pool on a second carrier for sidelink, SL, communication using a sensing-based UE-selected resource allocation mode on at least one of the first pool and the second pool…… See ¶ 36the first pool may be an unlicensed pool in an unlicensed band for SL communications and second pool is the licensed pool of resources);
transmitting, by the UE, sidelink control signaling in a second carrier in a licensed frequency spectrum band to reserve the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band (See Fig(s). 2, See ¶ 70-71.SCI signaling is sent using first pool and/or second pool (i.e. First carrier and/or second carrier) for SL resource reservation in the unlicensed band within the first carrier… See ¶ 72, A Rx UE may monitor for SCI that may be sent on a respective PSCCH from other apparatuses. Such other apparatuses may be in a proximity. Thus, the apparatus according to the first exemplary aspect may monitor for SCI sent on PSCCH, e.g. over a configured resource pool. The configured resource pool may consist of PSCCH resources of the first pool and/or the second pool.); and
transmitting the sidelink data in the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band based at least in part on transmitting the sidelink control signaling (See Fig(s). 3 steps 3-4, See ¶ 117-118, SCI comprising the selected one or more resource(s) (within the Unlicensed pool i.e. U-Pool) is transmitted from the Tx UE 310 to the Rx UEs 320-1 and 320-2. Further, SL data using the selected one or more resource(s) is transmitted from the Tx UE 310 to the Rx UEs 320-1 and 320-2 is transmitted, step 4b).
Further with regards to claims and 19 and 27, Van Phan discloses a non-transitory computer readable medium for storing code with memory and processor for execution of said code (See Fig(s). 7, with processor 710 and memory 730, See ¶ 192).
Regarding claim(s) 23, Van Phan discloses apparatus for wireless communication at a user equipment (UE) (See Fig(s). 1 with UE 110 wireless communication with UEs 120), comprising:
means for determining (See ¶ 30, 32, means of the apparatus can be implemented in hardware and/or software) by the UE, one or more sidelink resources for transmission of sidelink data in a first carrier in an unlicensed frequency spectrum band (See Fig(s). 2 step 202, See ¶ 22, 109, Tx UE, a sensing on at least one of a first pool on a first carrier and a second pool on a second carrier for sidelink, SL, communication using a sensing-based UE-selected resource allocation mode on at least one of the first pool and the second pool…… See ¶ 36the first pool may be an unlicensed pool in an unlicensed band for SL communications);
means for transmitting (See Fig(s). 7, See ¶ 134), by the UE, sidelink control signaling in a second carrier in a licensed frequency spectrum band to reserve the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band (See ¶ 70-71.SCI signaling is sent using first pool and/or second pool (i.e. First carrier and/or second carrier) for SL resource reservation in the unlicensed band within the first carrier); and
means for transmitting (See Fig(s). 7, See ¶ 134), the sidelink data in the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band based at least in part on transmitting the sidelink control signaling (See Fig(s). 3 steps 3-4, See ¶ 117-118, SCI comprising the selected one or more resource(s) (within the Unlicensed pool U-Pool) is transmitted from the Tx UE 310 to the Rx UEs 320-1 and 320-2. Further, SL data using the selected one or more resource(s) is transmitted from the Tx UE 310 to the Rx UEs 320-1 and 320-2 is transmitted, step 4b).
Regarding claim(s) 2,20,24,28, Van Phan discloses performing, prior to transmitting the sidelink data, a channel access procedure associated with the one or more sidelink resources of the first carrier, wherein transmitting the sidelink data is based at least in part on performing the channel access procedure (See ¶ 123, In sub-7 GHz unlicensed bands, the NR coexistence with other systems (e.g. IEEE 802.11) is ensured via a Listen Before Talking (LBT) channel access mechanism, where, a UE intending to perform a SL transmission needs first to successfully complete an LBT check, before being able to initiate that same transmission.).
Regarding claim(s) 3,21,25,29, Van Phan discloses comprising: decoding one or more sidelink control messages transmitted in the licensed frequency spectrum band to determine a set of available sidelink resources for transmission of the sidelink data that includes the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band (See Fig(s). 7, decoding is done by processor 710), wherein determining the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band is based at least in part on decoding the one or more sidelink control messages transmitted in the licensed frequency spectrum band (See Fig(s). 7, block 720, See ¶ 134, at least one memory (720) including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause an apparatus, e.g. apparatus 700 at least to perform and/or control the method according to the first exemplary aspect.).
Regarding claim(s) 4,22, 26,30, Van Phan discloses further comprising: decoding one or more sidelink control messages transmitted in the unlicensed frequency spectrum band to determine a set of available sidelink resources for transmission of the sidelink data that includes the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band (See ¶ 192), wherein determining the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band is based at least in part on decoding the one or more sidelink control messages transmitted in the unlicensed frequency spectrum band (See ¶ 37,70, a sidelink control information, SCI, for indicating that the data is scheduled on the selected one or more resources for at least one Rx UE is transmitted, e.g. from the Tx UE to the Rx UE. Accordingly, the SCI is received on at least one of the first pool and the second pool by the Rx UE. The SCI may indicate that the data is scheduled for the at least one Rx UE using the selected one or more resources.).
Regarding claim(s) 7, Van Phan discloses comprising transmitting (fist stage SCI See ¶ 70), second control signaling in the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band to reserve one or more sidelink resources for transmission of second sidelink data in the first carrier in the unlicensed frequency spectrum band (Examiner take official notice the use of multistage SCI signaling is well known in the art and therefore can easily be incorporated within VanPhan without deviating from scope of the invention).
Regarding claim(s) 8, Van Phan discloses: reserving one or more sidelink resources of the second carrier in the licensed frequency spectrum band for transmission of the sidelink control signaling, wherein transmitting the sidelink control signaling includes transmitting the sidelink control signaling using the one or more sidelink resources of the second carrier (See ¶ 46,70, By performing and/or controlling continuous sensing, the method(s) according to the first, and/or third exemplary aspect(s) is (are) performed repeatedly. Based on availability of the first pool, it can be switched between the first pool on the first carrier and the second pool of the second carrier for data transmission via SL).
Regarding claim(s) 9, Van Phan discloses wherein reserving the one or more sidelink resources of the second carrier in the licensed frequency spectrum band includes (See ¶ 46,70, By performing and/or controlling continuous sensing, the method(s) according to the first, and/or third exemplary aspect(s) is (are) performed repeatedly. Based on availability of the first pool, it can be switched between the first pool on the first carrier and the second pool of the second carrier for data transmission via SL), randomly selecting the one or more sidelink resources of the second carrier in the licensed frequency spectrum band from a set of available sidelink resources of the second carrier in the licensed frequency spectrum band (See Fig(s). 2, step 204, note second pool is licensed band See ¶ 71).
Regarding claim(s) 10, Van Phan discloses wherein reserving the one or more sidelink resources of the second carrier in the licensed frequency spectrum band includes: selecting an earliest available sidelink resource in time of a set of available sidelink resources of the second carrier in the licensed frequency spectrum band (See Fig(s). 2, step 204, See ¶ 111,In a fourth step 204, by the at least one Tx UE, one or more resources from at least one of the first pool and the second pool for a SL transmission based on at least one outcome of the sensing on at least one of the first pool and the second pool are selected. The selection may be done based on COT, and/or if the respective resource(s) are available at the intended time of transmission ).
Regarding claim(s) 11, Van Phan discloses wherein transmitting the sidelink control signaling includes: transmitting the sidelink control signaling in one or more unreserved sidelink resources of the second carrier in the licensed frequency spectrum band (See ¶ 45-46, continuous sensing may enable that resource selection and reservation is maintained on both first pool and second pool regardless whether the first pool is currently available for SL transmission of data or not. By performing and/or controlling continuous sensing, the method(s) according to the first, and/or third exemplary aspect(s) is (are) performed repeatedly. Based on availability of the first pool, it can be switched between the first pool on the first carrier and the second pool of the second carrier for data transmission via SL… See ¶ 58, corresponding resources of the first pool 1-to-1 mapped on the one or more respective resources of the second pool reserved by this (these) respective apparatus(es) according to the first exemplary aspect (e.g. SL Tx UEs) unused.).
Regarding claim(s) 14, Van Phan discloses wherein the sidelink control signaling further reserves one or more sidelink resources for transmission of second sidelink data in the first carrier in the unlicensed frequency spectrum band (See Fig(s). 2 step 204, See ¶ 37,70, a sidelink control information, SCI, for indicating that the data is scheduled on the selected one or more resources for at least one Rx UE is transmitted, e.g. from the Tx UE to the Rx UE. Accordingly, the SCI is received on at least one of the first pool and the second pool by the Rx UE. The SCI may indicate that the data is scheduled for the at least one Rx UE using the selected one or more resources.). .
Regarding claim(s) 16, Van Phan discloses, wherein the sidelink control signaling is a sidelink control information message transmitted in a physical sidelink control channel (See ¶ 65).
Regarding claim(s) 17, Van Phan discloses wherein the sidelink control signaling includes a medium access control-control element, radio resource control signaling, or a combination thereof, transmitted in a physical sidelink shared channel (See ¶ 65, 72, The MAC signaling may refer to an operation of transmitting and receiving a MAC control element (CE)).
Regarding claim(s) 18, Van Phan discloses wherein the sidelink data is transmitted on a physical sidelink shared channel (See ¶ 65).
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 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.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Phan et al (US 20230284207 A1) hereinafter as Van Phan in view of Cui et al (US 11239930 B2) hereinafter as Cui.
Regarding claim(s) 5, Van Phan discloses further comprising determining a set of available sidelink resources for transmission of the sidelink data that includes the one or more sidelink resources of the first carrier in the unlicensed frequency spectrum band (See Fig(s). 2 step 202, See ¶ 22, 109, Tx UE, a sensing on at least one of a first pool on a first carrier and a second pool on a second carrier for sidelink, SL, communication using a sensing-based UE-selected resource allocation mode on at least one of the first pool and the second pool…… See ¶ 36the first pool may be an unlicensed pool in an unlicensed band for SL communications);
Cui discloses respective reference signal received powers associated with one or more sidelink control messages used to reserve sidelink resources in the first carrier in the unlicensed frequency spectrum band (See ¶ 42, SN may configure two measurement objects respectively with the same NR unlicensed carrier frequency layer (carrier with CCA) to be measured by the UE or Reference Signal Receive Power (RSRP) and/or Reference Signal Received Quality (RSRQ).
Reference signal received power associated with a sidelink control message allows for reserving sidelink resource satisfying a threshold power for communications.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the teachings of Cui within Van Phan, for reference signal received power associated with a sidelink control message allowing for reserving sidelink resource satisfying a threshold power for communications.
Regarding claim(s) 6, Cui discloses determining that a sidelink resource of the first carrier in the unlicensed frequency spectrum band is available based at least in part on a reference signal received power associated with a sidelink control message that reserves the sidelink resource satisfying a threshold power (See ¶ 19, 42, SN may configure two measurement objects respectively with the same NR unlicensed carrier frequency layer (carrier with CCA) to be measured by the UE or Reference Signal Receive Power (RSRP) and/or Reference Signal Received Quality (RSRQ).). Reasons for combining same as claim 5.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Phan et al (US 20230284207 A1) hereinafter as Van Phan in view of Son et al (US 20220368502 A1) hereinafter as Son.
Regarding claim(s) 12, Son discloses comprising: determining, by the UE, one or more sidelink resources for transmission of the sidelink data in a third carrier in the unlicensed frequency spectrum band, wherein the sidelink control signaling reserves the one or more sidelink resources in the third carrier in the unlicensed frequency spectrum band; and transmitting the sidelink data in the one or more sidelink resources of the third carrier in the unlicensed frequency spectrum band (See Fig(s). 7 step S703, See ¶ 93, the first terminal may transmit sidelink data (e.g., one or more TBs or one or more CBGs) through a PSSCH (e.g., PSSCH resource) (S703). In the step S703, the sidelink data may be transmitted via a carrier (e.g., the second carrier or a third carrier) different from the first carrier (e.g., carrier used for transmission and reception of the downlink data). The carrier used for sidelink communication may be configured by the base station. The resource through which the sidelink data is transmitted may belong to a resource pool configured by the base station. The sidelink data may be transmitted in a resource allocated by a semi-static scheduling scheme or a resource allocated by a dynamic signaling scheme).
Multicarrier sidelink communications (feature in 5G systems) enhances performance by increasing available bandwidth and flexibility.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the teachings of Son within Van Phan, so as to enhance overall network performance by increasing available bandwidth and flexibility.
Regarding claim(s) 13, Son discloses wherein the sidelink control signaling indicates a first index corresponding to the first carrier in the unlicensed frequency spectrum band and a second index corresponding to the third carrier in the unlicensed frequency spectrum band (See ¶ 114, The index of the TB transmitted via the carrier #0 in a slot #0 may be 0, and the index of the TB transmitted via the carrier #2 in the slot #0 may be 1. The cDAI may be increased by 1. The tDAI may be set in units of a slot. The tDAI may be set as the largest index among indexes of TBs transmitted in the corresponding slot.). Reasons for combining same as claim 12.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Phan et al (US 20230284207 A1) hereinafter as Van Phan in view of Deng et al (US 20240334470 A1) hereinafter as Deng (provisional app 63/007,003 dated Apr. 8, 2020).
Regarding claim(s) 15, Deng discloses wherein the sidelink control signaling further reserves one or more sidelink resources for transmission of second control signaling in the second carrier in the licensed frequency spectrum band (See Fig(s). 1A, See ¶ 16, 94, a WTRU may determine a collision according to (e.g., based on) any of: (1) resources reserved in the first stage SCI; (2) a WTRU type indication in the first stage SCI; and (3) a source ID and/or a destination (e.g., destination ID) in the second stage SCI., based on the collision the reservation of resources may in licensed band via the second SCI as appropriate.)
Second control signaling ensures continuous resource allocation during for example a collision and/or interference between users so as to properly have continuous communications between UEs.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the teachings of Deng within Van Phan, so as to properly have continuous communications between UEs during collision and/or interference of bandwidth usage.
Response to Arguments
Applicant's arguments filed March 24, 2026 have been fully considered but they are not persuasive.
With respect to 35 U.S.C. § 102 rejection of Claim(s) 1,19,23,27, Applicant contends inter alia “…Van Phan does not disclose transmitting sidelink control signaling in a licensed carrier as part of a cross-carrier reservation strategy. …”
Examiner respectfully disagrees, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Examiner asserts Van clearly and explicitly discloses the contended limitation (See ¶ 36-37,68-72): See ¶ 36-37,69 and 72 below;
[0036] recites inter alia “…The second pool may be a L-pool (e.g. Licensed pool). The sensing may be done by a Tx UE of a SL communication. The sensing may be needed for using a sensing-based UE-selected resource allocation mode on at least one of the first pool and the second pool.
[0037] One or more resources may be selected by an apparatus according to the first exemplary aspect, e.g. Tx UE, from at least one of the first pool and the second pool for a SL transmission based on at least one outcome of the sensing on at least one of the first pool and the second pool, as performed by Tx UE. Then, a sidelink control information, SCI, for indicating that the data is scheduled on the selected one or more resources for at least one Rx UE is transmitted, e.g. from the Tx UE to the Rx UE. Accordingly, the SCI is received on at least one of the first pool and the second pool by the Rx UE. The SCI may indicate that the data is scheduled for the at least one Rx UE using the selected one or more resources.
[0069] recites inter alia “…providing (e.g. sending) a SL control information, SCI, comprising one or more selected resources of the first pool and/or the second pool via which the data is transmitted….further See ¶ 72, A Rx UE may monitor for SCI that may be sent on a respective PSCCH from other apparatuses. Such other apparatuses may be in a proximity. Thus, the apparatus according to the first exemplary aspect may monitor for SCI sent on PSCCH, e.g. over a configured resource pool. ).
It is understood that a reference need not recite features and/or limitations as stated by applicant to be “verbatim”, rather it is the teaching and suggestion of the features that are relied upon for one of ordinary skill to appreciate and apply.
Applicant further iterates without contention that Van describes inter alia “…the UE "can be switched between the first [unlicensed] pool on the first carrier and the second [licensed] pool of the second carrier for data transmission via SL.".
Examiner asserts that while Van Phan discloses two different pools of frequency bands, the general teaching remains the same that both the licensed and unlicensed spectrum can be utilized by two separate carriers as needed.
In order to establish a case of patentability (against an Office Action), the Applicant must provide some articulated reasoning with some rational underpinning to support the conclusion that the cited reference(s) fails to teach/suggest the contended limitation(s). The Applicant must do more than merely "recite" each limitation and claim as being not taught within the referenced art(s).
Applicant is advised a prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention." MPEP §2141.02.VI, (Rev. 6, Sept. 2007) (citing W.L. Gore & Assoc. v. Garlock, Inc., 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984)).
In general, Applicant’s arguments reflect a difference of opinion over the teachings of the prior art and how these teachings would be evaluated in light of the knowledge generally available to those in the appropriate art and the level of ordinary skill in the art. Moreover, Applicant’s take an overly narrow view of the claim(s).
Lastly, and once again, anticipatory reference need not duplicate, word for word, what is in the claims; anticipation can occur when claimed limitation is “inherent” or otherwise implicit in relevant reference (Standard Havens products Incorporated v. Gencor Industries Incorporated, 21 USPQ2d1321).
Examiner asserts all of Applicant’s contentions have been appropriately addressed in this Office Action. The arguments made above are not intended to be exhaustive, and therefore nothing in this Action should be construed as an intent to concede with any issue with regard to any claim, except as specifically stated in this Office Action.
Thus, based on the foregoing reasoning’s’ Examiner asserts the cited references either alone or in combination teach/suggest limitations of claims 1,19,23,27 and therefore the rejection to said claims is sustained.
Dependent claims 2-4, 7-11, 14, 16-18, 20-22, 24-26, and 28-30 each depend from one of independent claims 1, 19, 23, and 27 and appropriately taught or suggested in cited prior art(s) and therefore rejection to said claims is sustained.
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 RAJ JAIN whose telephone number is (571)272-3145. The examiner can normally be reached on M-Th 8-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached 571-272-2123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAJ JAIN/ Primary Examiner, Art Unit 2411
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