DETAILED ACTION
This Office action is responsive to Applicant’s remarks submitted July 15, 2026. Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on July 15, 2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-4 and 6 are currently pending.
Response to Arguments
Applicant’s arguments have been carefully considered, but are moot in view of the new grounds of rejection set forth below.
Examiner Note
In an effort to promote compact prosecution, the Examiner has identified subject matter in Applicant’s specification which, in combination with the current claim limitations, would distinguish over the prior art of record. For example, Applicant cited paragraph [0041] of the disclosure (Remarks, p. 5) in order to demonstrate support for the current claim amendments. After review and further search, the Examiner disagrees that the claim language distinguishes over the prior art. However, incorporating the following claim language described in paragraph [0041] would distinguish over the prior art of record:
“wherein the transmitter is further configured to consecutively transmit a plurality of signals, wherein the preamble signal and data comprise the first signal of the plurality of signals, and wherein a subsequent signal of the plurality of signals comprises another [[a]] preamble signal based on a determination that a gap between transmission of the first signal and transmission of the second signal is not less than a threshold value.”
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. 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.
7. Claims 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2017/0347394 A1 (hereinafter “Yasukawa”), alternatively in view of U.S. Publication No. 2021/0045103 A1 (hereinafter “Kim”), in further view of U.S. Publication No. 2019/0320467 A1 (hereinafter “Freda”), and in further view of U.S. Publication No. 2017/0207905 A1 (hereinafter “Eitan”) .
Regarding claims 1 and 6: Yasukawa teaches communication device comprising: a processor configured to autonomously determine a first resource to be used for transmission; a transmitter configured to transmit data to another communication device by using the first resource (see, e.g., [0005]-[0007], [0013]; a transmitting UE autonomously determines a resource used for transmitting to a receiving UE); and
a receiver configured to receive feedback information corresponding to the data by using a second resource that is autonomously or heteronomously determined by the another communication device (see, e.g., [0013]-[0016]; the receiving UE sends feedback on a determined resource),
wherein the transmitter retransmits the data to the another communication device by using a resource for retransmission of the data, information indicating the resource for retransmission of the data being included in the feedback information, in a case where the receiver receives the feedback information indicating a reception failure of the data (see, e.g., Yasukawa [0016], [0051], [0068]-[0072]).
To the extent the system taught by Yasukawa does not inherently teach or include the feature wherein the second resource is autonomously or heteronomously determined (see, e.g., resource configurations for feedback beginning at [0057], also [0116]), this feature is nevertheless taught by Kim (see, e.g., [0099]-[0105], [0126]; both transmitting and receiving UEs determine resources autonomously; note also overlapping teachings with respect to resource determination and feedback). It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to incorporate features from the system of Kim, such as the resource determination functionality, within the system of Yasukawa, in order to reduce collisions and/or improve spectrum utilization.
Yasukawa alternatively modified by Kim does not explicitly state transmission of a “preamble signal.” However, this feature is taught by Freda (see, e.g., [0254]-[0257]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to incorporate features from the system of Freda, such as the indication functionality, within the system of Yasukawa alternatively modified by Kim, in order to improve signal detection.
Yasukawa alternatively modified by Kim and Freda does not explicitly state “wherein the transmitter is further configured to consecutively transmit a plurality of signals, wherein the preamble signal and data comprise the first signal of the plurality of signals, and wherein a subsequent signal of the plurality of signals comprises a preamble signal based on a gap between transmission of the first signal and transmission of the second signal.” However, this feature is taught by Eitan (see, e.g., figure 4 and [0084]-[0087]; note that a preamble is only sent in front of the beginning symbol on the basis of the gap and/or feedback). It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to incorporate features from the system of Eitan, such as the signaling functionality, within the system of Yasukawa alternatively modified by Kim, in order to reduce overhead.
The rationale set forth above regarding the device of claim 1 is applicable to the method of claim 6.
Regarding claim 2: Yasukawa alternatively modified by Kim, Freda, and Eitan further teaches wherein the receiver assumes that the second resource is arranged in a period that starts from a time at which the first resource is arranged (see, e.g., Yasukawa [0059]-[0066], note also figures 3-7; and/or Kim [0101], [0162], [0172]). The motivation for modification set forth above regarding claim 1 is applicable to claim 2.
Regarding claim 3: Yasukawa alternatively modified by Kim, Freda, and Eitan further teaches wherein the processor determines the second resource to be used for reception of the feedback information corresponding to the data, based on a timing of a beam of the another communication device, the transmitter transmits information indicating the second resource to the another communication device, and the receiver receives the feedback information by using the second resource (see, e.g., Yasukawa [0065]; also Kim [0099]-[0105], [0126]). The motivation for modification set forth above regarding claim 1 is applicable to claim 3.
Regarding claim 4: Yasukawa alternatively modified by Kim, Freda, and Eitan further teaches wherein the control unit determines a resource group that includes candidates of the second resource to be used for reception of the feedback information corresponding to the data, the transmitter transmits, to the another communication device, information indicating the resource group, the another communication device autonomously determines the second resource from among the resource group, and the receiver receives the feedback information by using the second (see, e.g., Yasukawa [0057]-[0066], [0135], [0195]-[0196]; also Kim [0118], [0157]). The motivation for modification set forth above regarding claim 1 is applicable to claim 4.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS SLOMS whose telephone number is (571)270-7520. The examiner can normally be reached Monday-Friday 9AM-5PM EST.
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/NICHOLAS SLOMS/ Primary Examiner, Art Unit 2476
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