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 .
Response to Arguments
Applicant's arguments filed November 25, 2025 have been fully considered but they are not persuasive.
The Applicant argues that Wu does not disclose the claimed limitation, “wherein the number of the slots is larger than or equal to a configured threshold”.
The Examiner respectfully disagrees with argument. Wu, in paragraph [0068], describes that “A sidelink CBR (SL CBR) measured in slot n may be defined as the portion of sub-channels in the resource pool whose SL received signal strength indicator (SL RSSI) measured by the UE exceeds a (pre-)configured threshold sensed over a CBR measurement window [n−a, n−l] (e.g., the lookback window), where a may be equal to 100 or 100.Math.2.sup.μ slots, according to a higher layer parameter for the CBR window size (e.g., timeWindowSize-CBR)”.
The Examiner respectfully submits that, technically speaking, the (pre-)configured threshold is the value of ‘a’, such as 100 or 100·2µ slots (if the claimed number of slots is the measurement slots. If not, the word ‘the’ must be removed and change to ‘a’). In other words, the SL RSSI measured by the UE exceed a (pre-)configured threshold means the number of SL RSSI measurement slots within the CBR measurement window exceeds the (pre-)configured threshold (this can be read from the further elaboration in the 3GPP TS 38.215 v18.4.0 Release 18, section 5.1.27, Sidelink channel busy ratio (SL CBR)). That is, example of the claimed configured threshold is simply the 100 or 100·2µ slots. Note that the Applicant can find this technical fact in many related arts such as in TS 38.215, paragraph [0206]-[0208] of Yeo et al. (US 2022/0330261 A), paragraph [0210]-0214] of Park et al. (US 2022/0417976 A1; and so on).
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.
Claims 39 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 2023/0276494 A1) in view of Back et al. (US 2022/0418036 A1).
Regarding claim 39, Wu discloses a method comprising: performing a SL RSSI (SideLink Received Signal Strength Indicator) measurement in slots where a terminal performs sensing within a CBR (Channel Busy Ratio) measurement window (abstract; paragraph [0068]-[0069]; [0065]; [0071]; [0073]-[0076]; [0077]; [0078]; [0091]; [0100]; and so on, illustrating SL RSSI is measured in slots and UE measures the CBR by sensing it over the CBR measurement window); measuring SL CBR (SideLink Channel Busy Ratio) based on the SL RSSI measurement (paragraph [0068], explaining SL CBR measurement based on SL RSSI measured by the UE exceeds a (pre-)configured threshold over the CBR measurement window), and wherein the number of the slots is larger than or equal to a configured threshold (paragraph [0068], explaining SL CBR measurement based on SL RSSI measured by the UE exceeds a (pre-)configured threshold over the CBR measurement window. That is, the number of SL RSSI measurement slots within the CBR measurement window exceeds the (pre-)configured threshold, wherein the threshold is 100 or 100·2µ slots).
Wu doesn’t disclose the sensing is partial sensing.
Back teaches the sensing is partial sensing (paragraph [0187]-[0194]; and so).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective fling date of the invention to use the sensing is partial sensing as taught by Back into Wu in order to improve resource utilization and to reduce communication delay.
Regarding claim 41, Wu discloses a terminal (e.g. 350, 504, 1304) comprising a processor (e.g. 356 and 368) configured to: perform a SL RSSI (SideLink Received Signal Strength Indicator) measurement in slots where the terminal performs sensing within a CBR (Channel Busy Ratio) measurement window (abstract; paragraph [0068]-[0069]; [0071]; [0073]-[0076]; [0077]; [0078]; [0091]; [0100]; and so on illustrating SL RSSI is measured in slots and UE measures the CBR by sensing it over the CBR measurement window); and measure SL CBR (SideLink Channel Busy Ratio) based on the SL RSSI measurement (paragraph [0068]), and wherein the number of the slots is larger than or equal to a configured threshold (paragraph [0068], explaining SL CBR measurement based on SL RSSI measured by the UE exceeds a (pre-)configured threshold over the CBR measurement window. That is, the number of SL RSSI measurement slots within the CBR measurement window exceeds the (pre-)configured threshold, wherein the threshold is 100 or 100·2µ slots).
Wu doesn’t disclose the sensing is partial sensing.
Back teaches the sensing is partial sensing (paragraph [0187]-[0194]; and so).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective fling date of the invention to use the sensing is partial sensing as taught by Back into Wu in order to improve resource utilization and to reduce communication delay.
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.
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/KIBROM T HAILU/Primary Examiner, Art Unit 2461