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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 rejected under 35 U.S.C. 101 because the claimed invention of a non-volatile computer-readable storage medium including computer-executable instructions is directed to non-statutory subject matter. A non-volatile computer-readable storage medium (also called magnetic storage, flash memory, optical storage and ROM) typically covers forms of non-transitory tangible media and transitory propagating signals per se, particularly when the specification is silent. See MPEP §2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claims are rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. It is suggested that the claims be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation “non-transitory” to the claim. Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The recitation “wherein a relay load of the relay UE is measured based on a number of HARQ processes, and a channel occupancy ratio (CR) limit” does not relate to any limitation of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 10 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The recitation “wherein the relay UE measures a relay load based on at least one of information related to a CR limit margin for each priority, or information indicating that a resource with a measured CR value for each priority, which is equal to or greater than a preset ratio of a CR limit on average, is used and that a resource with a CR value of a group having a high priority, which is equal to or greater than a preset ratio of a CR limit on average, is used”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim 9 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: Claim 1 and 9 do not include a step for how to using load value into a selection of relay node.
Claim 10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: Claim 1 and 10 do not include a step for how to using load value into a selection of relay node.
Claim Objections
Claim 8 objected to because of the following informalities:
The acronym SD-RSRP must be spelled out such SD is for sidelink discovery and SL is for sidelink. Appropriate correction is required.
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.
Claim(s) 1 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505] in view of Wang [US 2024/0179726].
As claims 1 and 13-15, Thyagarajan [US 2018/0255505] discloses a sidelink-related operation method of a remote user equipment (UE) in a wireless communication system, the method comprising: receiving a predetermined signal from each of one or more candidate relay UEs [Fig 3, Ref 316 discloses relay UE send a discovery message to a remote UE, Par. 0108]; performing measurement on the predetermined signal, by the remote UE [Par. 0119 discloses remote UE performs a measurement of relay UE discovery]; and selecting a relay UE, by the remote UE [Par. 0104-0105 discloses remote selects a relay based on UU threshold related information which is measured by Relay and QOS of PC5 which measured by remote], wherein the predetermined signal includes Uu link threshold-related information of each of the candidate relay UEs [Fig 3, Ref 316 discloses remote receives measured UU threshold related information from each relay, Par. 0108], and the remote UE selects the relay UE based on quality of service (QoS) of a service of the relay and the Uu link threshold-related information of each of the candidate relay UE [Par. 0104-0105 discloses a relay is selected based on a measured PC5 QOS between remote and the selected relay and the measured UU threshold related information of the selected relay, Par. 0016, 0050, 0091, 0114-0116]. However, Thyagarajan fails to fully disclose the remote UE selects the relay UE based on quality of service (QoS) of a service to be transmitted and received through the relay and the Uu link threshold-related information of each of the candidate relay UE. In the same field of endeavor, Wang [US 2024/0179726] discloses the remote UE selects the relay UE based on quality of service (QoS) of a service to be transmitted and received through the relay and the Uu link threshold-related information of each of the candidate relay UE [Par. 0155-0160, 0204 discloses the remote selects relay based on QOS of transmitted and received of relay and UU link threshold relation information].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the remote UE selects the relay UE based on quality of service (QoS) of a service to be transmitted and received through the relay and the Uu link threshold-related information of each of the candidate relay UE as disclosed by Wang into the teaching of Thyagarajan. The motivation would have been to prevent data loss.
Claim(s) 2 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505] and Wang [US 2024/0179726] as applied to claim 1 above, and further in view of Xu [US 2018/0139682].
As claim 2, Thyagarajan [US 2018/0255505] and Wang [US 2024/0179726] fail to fully disclose what Xu [US 2018/0139682] discloses the selecting of the relay UE includes: determining a candidate relay UE set including relay UEs having a greater Uu link threshold value than a first Uu link threshold related to the QoS [Fig. 8, Par. 0213, 0206 discloses the measured UU threshold value is greater than configured threshold which relates to QOS] and selecting a relay UE having a highest received signal strength from the candidate relay set, by the remote UE [Fig 8, Par. 0213, 0206 discloses remote selects a relay based on highest RSSI of PC5].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for determining a candidate set which has quality greater than minimum UU threshold related to QOS for selecting by remote as disclosed by Xu into the teaching of Thyagarajan and Wang. The motivation would have been to prevent data loss.
As claim 11, Xu [US 2018/0139682] discloses the remote UE receives information triggering relay reselection from the selected relay UE [Fig 9, Ref S720-S730 discloses remote receives UU quality from relay].
As claim 12, Xu [US 2018/0139682] the information triggering the relay reselection is transmitted based on that the relay UE does not satisfy a Uu threshold condition [Fig 9, Ref S720-S730 disclosed if UU quality is less than threshold than reselection relay].
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505], Wang [US 2024/0179726] and Xu [US 2018/0139682] as applied to claim 2 above, and further in view of Freda [US 2018/0092017].
As claim 3, Thyagarajan [US 2018/0255505], Wang [US 2024/0179726] and Xu [US 2018/0139682] fail to fully disclose what Freda [US 2018/0092017] discloses the first Uu link threshold is different depending on the service [Par. 0100 discloses threshold for service between the remote and base station via relay node and remote select a relay base on quality of PC5 and UU].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the first Uu link threshold is different depending on the service as disclosed by Freda into the teaching of Thyagarajan, Wang and Xu. The motivation would have been to prevent data loss.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505], Wang [US 2024/0179726] and Xu [US 2018/0139682] as applied to claim 2 above, and further in view of Chang [US 2023/0422141 with provisional app 63/089771].
As claim 4, Thyagarajan [US 2018/0255505], Wang [US 2024/0179726] and Xu [US 2018/0139682] fail to fully disclose what Chang [US 2023/0422141 with provisional app 63/089771] discloses relay UEs included in the candidate relay UE set satisfy a second Uu link threshold corresponding to a minimum Uu link signal strength for a relay [Fig 3 and Par. 0016, 0020 discloses a relay receives a minimum and maximum UU threshold which use a trigger for relay to send discovery message to remote].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising relay UEs included in the candidate relay UE set satisfy a second Uu link threshold corresponding to a minimum Uu link signal strength for a relay as disclosed by Chang into the teaching of Thyagarajan, Wang and Xu. The motivation would have been to prevent data loss.
As claim 5, Thyagarajan discloses based on absence of the relay UE included in the candidate relay UE set, the remote UE selects a relay UE with a highest signal strength among the relay UEs that satisfy the second Uu link threshold [Par. 0096 discloses if no potential relay, then the remote select a suitable relay regardless of its UU quality “UU quality is meet a minimum of UU threshold for triggering the discovery message].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505] and Wang [US 2024/0179726] as applied to claim 1 above, and further in view of in view of Sorrentino [US 2016/0112860].
As claim 6, Thyagarajan [US 2018/0255505] fails to fully disclose what Sorrentino [US 2016/0112860] discloses based on the predetermined signal being a discovery message, the remote UE performs measurement even if only physical layer ID information is successfully decoded from the physical layer ID information and medium access control (MAC) layer ID information of the discovery message [Par. 0044-0045 discloses the remote measures the quality of discovery message of PC5 based on physical layer ID and discovery message includes layer 1 and Layer 2 ID, Fig 3. Ref 200-202 and 204].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising based on the predetermined signal being a discovery message, the remote UE performs measurement even if only physical layer ID information is successfully decoded from the physical layer ID information and medium access control (MAC) layer ID information of the discovery message as disclosed by Sorrentino into the teaching of Thyagarajan and Wang. The motivation would have been to prevent data loss.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505], Wang [US 2024/0179726] and Xu [US 2018/0139682] as applied to claim 2 above, and further in view of Miao [US 2023/0232201].
As claim 7, Thyagarajan [US 2018/0255505], Wang [US 2024/0179726] and Sorrentino [US 2016/0112860] fail to fully disclose what Miao [US 2023/0232201] discloses a sidelink control channel (SCI) related to the discovery message includes only a source ID from the source ID and a destination ID [Par. 0055 disclose discovery only includes source identifier which related to SCI is broadcasted to the UE].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising a sidelink control channel (SCI) related to the discovery message includes only a source ID from the source ID and a destination ID as disclosed by Miao into the teaching of Thyagarajan, Wang and Sorrentino. The motivation would have been to prevent data loss.
As claim 8, Thyagarajan [US 2018/0255505], Wang [US 2024/0179726] and Sorrentino [US 2016/0112860] fail to fully disclose what Miao [US 2023/0232201] discloses the measurement is related to sidelink reference signal received power (SD-RSRP) [Par. 0037 discloses SD-RSRP].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising a the measurement is related to sidelink reference signal received power (SD-RSRP) as disclosed by Maio into the teaching of Thyagarajan, Wang and Sorrentino. The motivation would have been to prevent data loss.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505] and, Wang [US 2024/0179726] as applied to claim 1 above, and further in view of in view of Van Phan [US 2024/0097834].
As claim 9, Thyagarajan [US 2018/0255505] fails to fully disclose what Van Phan [US 2024/0097834] discloses a relay load of the relay UE is measured based on a number of HARQ processes, and a channel occupancy ratio (CR) limit [Par. 0083 disclose CBR and HARQ for determining load of a node].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising load based on CBR and HARQ as disclosed by Van Phan into the teaching of Thyagarajan and Wang . The motivation would have been to prevent data loss.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan [US 2018/0255505] and, Wang [US 2024/0179726] as applied to claim 1 above, and further in view of Khoryaev [US 2020/0029245].
As claim 10, Thyagarajan [US 2018/0255505] fails to fully disclose what Khoryaev [US 2020/0029245] discloses the relay UE measures a relay load based on at least one of information related to a CR limit margin for each priority, or information indicating that a resource with a measured CR value for each priority, which is equal to or greater than a preset ratio of a CR limit on average, is used and that a resource with a CR value of a group having a high priority, which is equal to or greater than a preset ratio of a CR limit on average, is used [Par. 0183-0184 discloses each priority is associated with CBR limit].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system comprising the relay UE measures a relay load based on at least one of information related to a CR limit margin for each priority as disclosed by Khoryaev into the teaching of Thyagarajan and Wang. The motivation would have been to prevent data loss.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee [US 2018/0176805] comprising the method comprising: measuring the quality of a link between a relay UE and the remote UE on the basis of an offset; and selecting a relay UE suitable for the remote UE on the basis of the measurement, wherein the offset is determined on the basis of information which may have an effect on communicating with a base station by the remote UE through the relay UE.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5.
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/STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414