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 Objections
Claims 3, 5, 7, 9-10, 17, 19, 21 and 23-24 are objected to because of clarity problems:
Claims 3 and 17 each recites “wherein the CBR is based on a ratio between: a first number of sub-channels having the RSSI measurement exceeding the threshold during the second set of slots, and a number of slots in the second set of slots multiplied by a number of sub-channels in a frequency domain”. While a ratio is normally used with two numbers associated with a same unit, the ratio defined in the claim refers to two numbers with different units (sub-channel and slots). The meaning of the ratio is unclear.
Claims 5, 7, 9-10, 19, 21 and 23-24 have the same problem.
Proper corrections are required.
To continue prosecution on merit, the claims are interpreted as best understood.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 29 recites claim limitations: “means for transmitting a sidelink transmission in a first set of one or more slots;“, “means for measuring …“, and “means for transmitting the sidelink communication based on the CBR associated with both the combined set of slots.“.
A review of this instant specification shows that FIG. 7 in view of [0016] “FIG. 7 is a flowchart of a method of wireless communication at a wireless device that supports sidelink communication” supports the “means for …” in claim 29, with FIG. 7 discloses all the functions specified by claim limitations. The claim limitations of claim 29 are also supported by the apparatus of claim 1 that discloses all the functions in claim 29.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 1-30 are rejected under 35 U.S.C. 103 as being unpatentable over Girolamo (US 20230171738 A1) in view of D3 (US 20210067290).
For claim 1, Girolamo discloses an apparatus for wireless communication at a wireless device that supports sidelink communication (FIG. 1, UE, “[0016] FIG. 1 illustrates an example of resource allocation for in coverage and out-of-coverage UEs”), comprising: a memory; and at least one processor coupled to the memory (a memory, processor of UE), the memory and the at least one processor configured to:
transmit a sidelink transmission in a first set of one or more slots (FIG. 2, step 2 “Send set of resources to UE_B”, wherein the set of resources can be a set of time slots “[0175] … The set {Rx,y} includes those time and frequency resources that are at time slot y and subchannel x. …”);
measure a received signal strength indicator (RSSI) in a second set of slots, and over a combined set of slots including both the first set of one or more slots and the second set of slots (“[0241] … The candidate resource list may contain the following items of information: sidelink bandwidth part ID(s); resource pool ID(s); zone ID(s); candidate resource list(s) in time, e.g., slots, in frequency, e.g., PRBs or subchannels, and in space, e.g., beam index or ID/TRP index or ID/sidelink reference signal resource pool index, SL DMRS port, SL QCL or SL TCI, etc.; and associated sidelink measurements, such as SL RSSI, SL RSRP, SL RSRQ, SL CSI, SL CBR, etc.”, and “[0246] Second is Sidelink RRC message carried on NR PSSCH, which may be broadcasted via the common search space, or groupcasted via group search space, or unicasted via a UE search space. The casting may be periodically or aperiodically or per a UE's request or demand, for example, used for Sensing List, candidate resource list, Configured Resources, measurement of SL RSSI, SL RSRP, SL RSRQ, SL CSI, or SL CBR, etc.”; note that the measurement of RRSI can be applied to any set of time slots, including the first set of slots and the combination of the first set and second set of slots); and
transmit the sidelink communication based on the CBR associated with the combined set of slots (FIGs. 1-11 and the associated text, such as FIG. 2, Step 1 and Step 2 in view of “[0252] Fourth is SL RSSI, SL RSRP, SL RSRQ, SL CSI, or SL CBR measurement carried on NR PSSCH or NR PSFCH (Physical Sidelink Feedback Channel). [0253] For resource sensing and selection for PSSCH/PSCCH transmission, the higher layer may provide the following seven parameters to physical layer (e.g., PHY). First are the sidelink BWP(s), second are the resource pool(s), and third is the assistance information configuration per resource pool of a sidelink BWP. Fourth is the L1 priority, prioTX, per resource pool of a sidelink BWP, and fifth is the remaining packet delay budget, per resource pool of a sidelink BWP.”).
Girolamo is silent but D3, in the same field of endeavor of sidelink communication, discloses the RSSI is an indicative of a channel busy ratio (CBR) (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “). In other words, the RSSI can be used to calculate CBR. OOSA would have been motivated to apply the teach of D3 above to the RSSI and CBR by Girolamo to yield a predictable result of managing traffic congestion for wireless communication operations.
Therefore, it would have been obvious to OOSA before the effective filing date of the application to combine Girolamo with D3 for the benefit of managing traffic congestion ([0059] of D3).
Claim 15 is rejected because it is a claim of a method that is performed by the apparatus of claim 1 and has the same subject matter.
Claim 29 is rejected because it is an apparatus having the same structure as the apparatus of claim 1 but in a “means for” format being interpreted under 35 U.S.C. 112(f) above and has the same subject matter.
Claim 30 is rejected because it is a claim of non-transitory computer-readable storage medium storing computer executable code for performing the method performed by the apparatus of claim 1and has the same subject matter.
As to claims 2 and 16, Girolamo with D3 discloses claims 1 and 15, D3 further discloses: the apparatus is further configured to:
calculate the CBR in which the first set of one or more slots are excluded as slots for which an RSSI measurement exceeds a threshold and based on a reduced number of slots that excludes the first set of one or more slots (“[0027] … the UE 110-3 can perform a sidelink received signal strength indicator (S-RSSI) measurement (e.g., channel busy rate (CBR)) on the slot at least excluding the PSFCHs.“). In other words, the RSSI can be used to calculate CBR. The motivation of combining Girolamo and D3 is the same as stated in the parent claim.
As to claims 3 and 17, Girolamo with D3 discloses claims 2 and 16, D3 further discloses: wherein the CBR is based on a ratio between: a first number of sub-channels having the RSSI measurement exceeding the threshold during the second set of slots, and a number of slots in the second set of slots multiplied by a number of sub-channels in a frequency domain (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “; note the cited teaching applied to the first set of slots and the second set of slots yield two numbers, it is obvious to OOSA to calculate a ratio based on these two numbers). The motivation of combining Girolamo and D3 is the same as stated in the parent claim.
As to claims 4 and 18, Girolamo with D3 discloses claims 1 and 15, D3 further discloses: the apparatus is further configured to: calculate the CBR in which the first set of one or more slots are excluded as slots for which an RSSI measurement exceeds a threshold (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “). The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 5 and 19, Girolamo with D3 discloses claims 4 and 18, D3 further discloses: wherein the CBR is based on a ratio between a first number of sub-channels having the RSSI measurement that exceeds the threshold during the second set of slots and a number of slots in the combined set of slots multiplied by a number of sub-channels in a frequency domain (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “; note the cited teaching applied to the first set of slots and the second set of slots yield two numbers, it is obvious to OOSA to calculate a ratio based on these two numbers). The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 6 and 20, Girolamo with D3 discloses claims 1 and 15, D3 further discloses: the apparatus is further configured to: calculate the CBR in which the first set of one or more slots are included as slots for which an RSSI measurement exceeds a threshold (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “). The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 7 and 21, Girolamo with D3 discloses claims 1 and 15, D3 further discloses: wherein the CBR is based on a ratio between: a first number of sub-channels having the RSSI measurement that exceeds the threshold during the second set of slots, and a number of slots in the combined set of slots multiplied by a number of sub-channels in a frequency domain (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “; note the cited teaching applied to the first set of slots and the second set of slots yield two numbers, it is obvious to OOSA to calculate a ratio based on these two numbers). The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 8 and 22, Girolamo with D3 discloses claims 1 and 15, D3 further discloses: wherein the apparatus further configured to: calculate the CBR in which the first set of one or more slots are considered to be busy and the second set of slots are considered to be idle (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “; note the cited teaching applied to the first set of slots and the second set of slots yield two numbers, it is obvious to OOSA to calculate a ratio based on these two numbers; and using “idle” instead of “busy” is an obvious try to meet a design choice according to MPEP 2143(E) and (F). The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 9 and 23, Girolamo with D3 discloses claims 1 and 15, D3 further discloses: wherein the CBR is based on a ratio between: a number of one or more sub-channels in a frequency domain over the first set of one or more slots multiplied by a beta parameter associated with one or more idle sub-channels in the first set of one or more slots, and a number of slots in the combined set of slots multiplied by the number of the one or more sub-channels in the frequency domain (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “; note the cited teaching applied to the first set of slots and the second set of slots yield two numbers, it is obvious to OOSA to calculate a ratio based on these two numbers; and using “idle” instead of “busy” is an obvious try to meet a design choice according to MPEP 2143(E) and (F). The motivation of combining Girolamo and D3 is the same as stated in the parent claim.
As to claims 10 and 24, Girolamo with D3 discloses claims 9 and 23, D3 further discloses: wherein the beta parameter corresponds to an additional ratio between the one or more idle sub-channels in the first set of one or more slots and the number of one or more sub-channels in the frequency domain over the first set of one or more slots (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “; note the cited teaching applied to the first set of slots and the second set of slots yield two numbers, it is obvious to OOSA to calculate a ratio based on these two numbers; and using “idle” instead of “busy” is an obvious try to meet a design choice according to MPEP 2143(E) and (F). The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 11 and 25, Girolamo with D3 discloses claims 1 and 15, D3 further discloses: wherein the apparatus further configured to adjust a congestion control for the sidelink communication based on the CBR associated with the combined set of slots (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “). In other words, the RSSI can be used to calculate CBR. OOSA would have been motivated to apply the teaching of D3 above to the RSSI and CBR by Girolamo to yield a predictable result of managing traffic congestion for wireless communication operations. The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 12 and 26, Girolamo with D3 discloses claims 11 and 25, D3 further discloses: wherein, to adjust the congestion control, the memory and the at least one processor are further configured to enable the congestion control based on the CBR associated with the combined set of slots exceeding an RSSI threshold (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “). In other words, the RSSI can be used to calculate CBR. OOSA would have been motivated to apply the teaching of D3 above to the RSSI and CBR by Girolamo to yield a predictable result of managing traffic congestion for wireless communication operations. The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 13 and 27, Girolamo with D3 discloses claims 11 and 25, D3 further discloses: wherein, to adjust the congestion control, the memory and the at least one processor are further configured to disable the congestion control based on the CBR associated with the combined set of slots being below an RSSI threshold (“[0059] … The CBR can be a measure for a channel load perceived by a sensing UE, … CBR may be defined in different ways. For example, received signal strength indicator (RSSI) can be measured over symbols used for sidelink operations to indicate a congestion level. When the RSSI measured over a resource (e.g., a slot) is above a threshold, it can be determined that a traffic over the resource is busy. “). In other words, the RSSI can be used to calculate CBR. OOSA would have been motivated to apply the teaching of D3 above to the RSSI and CBR by Girolamo to yield a predictable result of managing traffic congestion for wireless communication operations. The motivation of combining Girolamo and D3 is the same as stated in the parent claims.
As to claims 14 and 28, Girolamo with D3 discloses claims 1 and 15, Girolamo further discloses: at least one antenna coupled to the at least one processor, wherein the memory and the at least one processor (FIG. 1 or 2, UE inherently has an antenna for wireless communication) are further configured to: operate in a half-duplex mode in which a sidelink reception and the sidelink transmission associated with the sidelink communication are performed in non-overlapping slots (“[0181] Step 1: The Sidelink Grant Reception process is provided with the candidate resource set {Rx,y} as well as the half-duplex resource set {Hx,y}.”).
Conclusion
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/JIANYE WU/Primary Examiner, Art Unit 2462