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 .
Information Disclosure Statement
As required by M.P.E.P. 609(c), the Applicant's submissions of the Information Disclosure Statement is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
Applicant’s Information Disclosure Statement has been received, entered into the record, and considered. See attached form PTO-1449.
Claims 1-6 are presented for examination.
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 1-6 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.
Regarding Claims 1, 2 and 6, Examiner is unclear as to what the Applicant intends the claimed, “itself” entails. Is the “itself”
Claims 1, 2 and 6 recites the limitation " the device" in Claim 1, 2, and 6. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction and explanation is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yasukawa et al., (US Publication No. 2018/0234163 and Yasukawa hereinafter).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding Claims 1 and 6, Yasukawa teaches a communication device comprising:
a transmission unit configured to transmit a connection request to a first communication device; (See Figure 14, whole figure) infra:
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a reception unit configured to receive connection permission from the first communication device (Figure 17, whole figure, in particular S203);
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and a control unit configured to establish a first connection to the first communication device (i.e., device of a mobile communication system supporting Device to Device (D2D) communication that includes a transmitter that transmits, on a second carrier, a broadcast message indicating that a relay process can be executed, the relay process being such that a message to be received on a first carrier is to be transmitted on the second carrier; and a relay unit that transmits, on the second carrier, the message received on the first carrier) [Abstract], wherein the control unit controls a communication of a second communication device (i.e., The signal transmitter 101 includes a function for generating various types of physical layer signals from one or more higher layer signals to be transmitted from the RELAY, and for wirelessly transmitting them. Furthermore, the signal transmitter 101 includes a transmission function for D2D (including V2X); and a transmission function for the cellular communication ) Para [0195], and establishes a second connection between the second communication device (i.e., transmits an inter-UE (UE-to-UE) relay request to the eNB (step S901). This request is a request for obtaining permission for the RELAY (e.g., the RSU) to operate as a device for performing relaying between UEs. Based on this request, the eNB that permits the operation as a relay device transmits, to the RELAY, an inter-UE relay response for permitting to perform the inter-UE relay operation (step S902).) Para [0171] and at least one of the device itself and the first communication device (i.e., The signal transmitter 101 includes a function for generating various types of physical layer signals from one or more higher layer signals to be transmitted from the RELAY, and for wirelessly transmitting them. Furthermore, the signal transmitter 101 includes a transmission function for D2D (including V2X); and a transmission function for the cellular communication) Para [0195].
Regarding Claim 2, Yasukawa teaches wherein the second connection is established according to a communication between the device itself and the second communication device (i.e., signal transmitter 201 includes a function for generating various types of physical layer signals from one or more higher layer signals to be transmitted from the UE, and for wirelessly transmitting them. Furthermore, the signal transmitter 201 includes a transmission function for D2D (including V2X); and a transmission function for the cellular communication) Para [0203].
Regarding Claim 3, Yasukawa teaches wherein the reception unit receives information related to connection establishment, the information being transmitted from the first communication device based on a connection request transmitted from the second communication device to the first communication device, and the transmission unit transmits connection permission to the second communication device (i.e., resource manager 203 retains information about a resource pool, etc., to be used for data transmission and reception in the UE based on a configuration from the eNB or the RELAY, for example. The information about the resource pool is utilized for data transmission and reception by the signal transmitter 201/signal receiver 202. The relay request processor 204 executes, for example, the processes for the request/response, etc., in the UE) Para [0205].
Regarding Claim 4, Yasukawa teaches wherein the transmission unit transmits the connection permission to the second communication device only in a case where a condition based on information received from the second communication device is satisfied (i.e., relay unit may transmit, among a plurality of messages received on the first carrier, only a message satisfying a predetermined condition on the second carrier.) Para [0227].
Regarding Claim 5, Yasukawa teaches wherein the transmission unit transmits a signal related to termination of the second connection to at least one of the first communication device and the second communication device (i.e., RELAYs executes control such that the degree of congestion of the RELAY is to be found by monitoring a carrier list transmitted by another RELAY by broadcasting; and, upon detecting that it is congested, it is autonomously switched to Inactive, and relaying is terminated) Para [0148].
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yasukawa et.al., (US Patent Publication No. 201800234163), “Relay device and relay method” (August 16, 2018) discloses relay device of a mobile communication system supporting Device to Device (D2D) communication that includes a transmitter that transmits, on a second carrier, a broadcast message indicating that a relay process can be executed, the relay process being such that a message to be received on a first carrier is to be transmitted on the second carrier; and a relay unit that transmits, on the second carrier, the message received on the first carrier.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T. Slater can be reached on (571) 270-0375. The fax phone numbers for the organization where this application or proceeding is assigned are (703) 872-9306 for regular communications and for After Final communication.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571) 272-2600.
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/DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647
Diane.Mizrahi@USPTO.gov
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