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 § 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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, 2, 3, 5, 9, 12-15 and 18-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Pan et al. (WO 2021/119474, Pan hereafter, cited on IDS filed March 26, 2025).
RE claims 1 and 14, Pan discloses a method performed by a first user equipment and first user equipment (UE) comprising: at least one memory; and at least one processor coupled with the at least one memory (Paragraph 439) and configured to cause the first UE to: transmit, via the wireless transceiver, assistance information associated with a sidelink (SL) discontinuous reception (DRX) configuration of the first UE (Paragraph 446 discloses “sending assistance information to a communicatively connected peer UE of the one or more communicatively connected peer UEs, wherein the assistance information is for the configuration of the SL DRX; in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX;"), wherein the assistance information is comprised in an SL UE capability information message of the first UE that is also transmitted to the second UE, or comprised in a separate radio resource control (RRC) message that is also transmitted to the second UE (Paragraph 446 further discloses “The assistance information and configuration message may be transmitted over a PCS Radio Resource Control (RRC) message or over a MAC Control Element (CE). The impacted SL communication may be groupcast or broadcast.”); and receive, via the wireless transceiver, an SL DRX configuration to be used based on the assistance information that was sent to the second UE (Paragraph 446 still further disclosing “in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX; analyzing the configuration request for SL DRX to determine whether to modify the first configuration of the SL DRX, reject the first configuration of the SL DRX, or accept the first configuration of the SL DRX;").
RE claim 2, Pan discloses the method of claim 1 as set forth above. Note that Pan further discloses wherein the assistance information comprises at least one of the following: a request for the SL DRX configuration (Paragraph 446 discloses “sending assistance information to a communicatively connected peer UE of the one or more communicatively connected peer UEs, wherein the assistance information is for the configuration of the SL DRX; in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX;"); a Uu DRX configuration of the first UE (Paragraphs 345-349” UU/SL DRX option”); one or more DRX configurations for one or more other links of the first UE; one or more desired SL DRX configurations by the first UE; or an acceptance or a rejection of an SL DRX configuration received from the second UE (Paragraph 446 further disclosing “in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX; analyzing the configuration request for SL DRX to determine whether to modify the first configuration of the SL DRX, reject the first configuration of the SL DRX, or accept the first configuration of the SL DRX;").
RE claim 3, Pan discloses the method of claim 1 as set forth above. Note that Pan further discloses wherein the assistance information is transmitted in at least one of the following cases: when the first UE has one or more preferred SL DRX configurations (Paragraph 446 discloses “sending assistance information to a communicatively connected peer UE of the one or more communicatively connected peer UEs, wherein the assistance information is for the configuration of the SL DRX; in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX;"); when the assistance information of the first UE is updated or changed; when an operating state of the first UE changes; or when the first UE receives a request for the assistance information from the second UE (Paragraph 446 further disclosing “in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX; analyzing the configuration request for SL DRX to determine whether to modify the first configuration of the SL DRX, reject the first configuration of the SL DRX, or accept the first configuration of the SL DRX;").
RE claim 5, Pan discloses the method of claim 1 as set forth above. Note that Pan further discloses wherein the SL UE capability information message of the first UE comprises an assistance information indicator indicating that the assistance information is to be transmitted in the separate RRC message (Paragraph 446 further discloses “The assistance information and configuration message may be transmitted over a PCS Radio Resource Control (RRC) message or over a MAC Control Element (CE). The impacted SL communication may be groupcast or broadcast.”).
RE claims 9 and 15, Pan discloses a method performed by a second user equipment and second user equipment (UE) comprising: at least one memory; and at least one processor coupled with the at least one memory (Paragraph 439) and configured to cause the second UE to: receive, from a first UE assistance information associated with a sidelink (SL) discontinuous reception (DRX) configuration of the first UE (Paragraph 446 discloses “sending assistance information to a communicatively connected peer UE of the one or more communicatively connected peer UEs, wherein the assistance information is for the configuration of the SL DRX; in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX;"), wherein the assistance information is in an SL UE capability information message of the first UE that is also received from the first UE, or in a separate radio resource control (RRC) message that is also received from the first UE (Paragraph 446 further discloses “The assistance information and configuration message may be transmitted over a PCS Radio Resource Control (RRC) message or over a MAC Control Element (CE). The impacted SL communication may be groupcast or broadcast.”); determine a SL DRX configuration based on the assistance information received from the first UE; and transmit, to the first UE, an SL DRX configuration to be used for the first UE (Paragraph 446 still further disclosing “in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX; analyzing the configuration request for SL DRX to determine whether to modify the first configuration of the SL DRX, reject the first configuration of the SL DRX, or accept the first configuration of the SL DRX;").
RE claims 12 and 18, Pan discloses the method of claim 9 and second UE of claim 15 as set forth above. Note that Pan further discloses acquiring an updated SL DRX configuration when an operating state of the second UE changes; and transmitting the updated SL DRX configuration to the first UE when the updated SL DRX configuration is acquired (Paragraph 338, second UE 201 if UE 201 in RRC_IDLE or RRC_INACTIVE initiates one of these SL communications, this triggers UE 201 to move to RRC_CONNECTED mode on the Uu interface, and to stay in RRC_CONNECTED mode as long as the SL communication is ongoing. Paragraph 446 further disclosing “in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX; analyzing the configuration request for SL DRX to determine whether to modify the first configuration of the SL DRX, reject the first configuration of the SL DRX, or accept the first configuration of the SL DRX;")
RE claims 13 and 19, Pan discloses the method of claim 9 and second UE of claim 15 as set forth above. Note that Pan further discloses herein the at least one processor is configured to cause the second UE to request to enter in an RRC-connected state upon receiving the assistance information in response to the second UE being in an RRC-idle state or an RRC-inactive state (Paragraph 338, second UE 201 if UE 201 in RRC_IDLE or RRC_INACTIVE initiates one of these SL communications, this triggers UE 201 to move to RRC_CONNECTED mode on the Uu interface, and to stay in RRC_CONNECTED mode as long as the SL communication is ongoing. Paragraph 446 further disclosing “in response to sending the assistance information, receiving from the communicatively connected peer UE, a configuration request for SL DRX, the configuration request comprising a first configuration of the SL DRX; analyzing the configuration request for SL DRX to determine whether to modify the first configuration of the SL DRX, reject the first configuration of the SL DRX, or accept the first configuration of the SL DRX;").
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Pan in view of Wu et al. (US 2021/0243836, Wu hereafter).
RE claim 4, Pan discloses the method of claim 1 as set forth above. Pan does not explicitly disclose wherein the assistance information in the SL UE capability information message of the first UE comprises a one-bit request for the SL DRX configuration, or an index of an SL DRX configuration suggested by the first UE.
However, Wu teaches wherein the assistance information in the SL UE capability information message of the first UE comprises an index of an SL DRX configuration suggested by the first UE (Paragraph 94 teaches “In some aspects, if the UEs 115 in network 100 are preconfigured with the look-up table that stores the DTX or DRX configurations, the UE may transmit the index that corresponds to the DTX or DRX configuration in the sidelink control signaling instead of the parameters, thus further reducing the signaling overhead.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan with the teachings of Wu in order to reduce signaling overhead.
Claims 6-8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (US 2021/0227621, Pan-2 hereafter, cited on IDS filed March 26, 2025)..
RE claim 6, Pan discloses the method of claim 1 as set forth above. Pan does not explicitly disclose in response to the SL DRX configuration not being applicable and one or more access stratum (AS) configurations received with the SL DRX configuration being applicable: transmitting, to the second UE, an RRC reconfiguration failure message with an SL DRX configuration failure indication or reject indication; applying a previous SL DRX configuration until a new RRC reconfiguration message is received; and applying the one or more AS configurations or continuing to apply previous one or more AS configurations until a new RRC reconfiguration message is received.
However, Pan-2 teaches in response to the SL DRX configuration not being applicable and one or more access stratum (AS) configurations received with the SL DRX configuration being applicable: transmitting, to the second UE, an RRC reconfiguration failure message with an SL DRX configuration failure indication or reject indication; applying a previous SL DRX configuration until a new RRC reconfiguration message is received; and applying the one or more AS configurations or continuing to apply previous one or more AS configurations until a new RRC reconfiguration message is received (Paragraphs 244-282 teach “1> if the UE is unable to comply with (part of) the configuration included in the RRCReconfigurationSidelink (i.e. sidelink RRC reconfiguration failure); 2> continue using the configuration used prior to the reception of the RRCReconfigurationSidelink message; 2> set the content of the RRCReconfigurationFailureSidelink message; 3> submit the RRCReconfigurationFailureSidelink message to lower layers for transmission; 1> else: 2> set the content of the RRCReconfigurationCompleteSidelink message; 3> submit the RRCReconfigurationCompleteSidelink message to lower layers for transmission; NOTE X: When the same logical channel is configured with different RLC mode by another UE, the UE handles the case as sidelink RRC reconfiguration failure.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan with the teachings of Pan-2 since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 7, Pan discloses the method of claim 1 as set forth above. Pan does not explicitly disclose in response to the SL DRX configuration being applicable and one or more AS configurations received with the SL DRX configuration are not applicable: transmitting, to the second UE, an RRC reconfiguration failure message without an SL DRX configuration failure indication or reject indication; applying previous one or more AS configurations until a new RRC reconfiguration message is received; and applying the SL DRX configuration or continuing to apply using a previous SL DRX configuration until a new RRC reconfiguration message is received.
However, Pan-2 teaches in response to the SL DRX configuration being applicable and one or more AS configurations received with the SL DRX configuration are not applicable: transmitting, to the second UE, an RRC reconfiguration failure message without an SL DRX configuration failure indication or reject indication; applying previous one or more AS configurations until a new RRC reconfiguration message is received; and applying the SL DRX configuration or continuing to apply using a previous SL DRX configuration until a new RRC reconfiguration message is received (Paragraphs 244-282 teach “1> if the UE is unable to comply with (part of) the configuration included in the RRCReconfigurationSidelink (i.e. sidelink RRC reconfiguration failure); 2> continue using the configuration used prior to the reception of the RRCReconfigurationSidelink message; 2> set the content of the RRCReconfigurationFailureSidelink message; 3> submit the RRCReconfigurationFailureSidelink message to lower layers for transmission; 1> else: 2> set the content of the RRCReconfigurationCompleteSidelink message; 3> submit the RRCReconfigurationCompleteSidelink message to lower layers for transmission; NOTE X: When the same logical channel is configured with different RLC mode by another UE, the UE handles the case as sidelink RRC reconfiguration failure.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan with the teachings of Pan-2 since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 8, Pan discloses the method of claim 1 as set forth above. Pan does not explicitly disclose in response to the SL DRX configuration not being applicable and one or more AS configurations received with the SL DRX configuration not being applicable: transmitting, to the second UE, an RRC reconfiguration failure message with an SL DRX configuration failure indication or reject indication; and continuing to apply using a previous SL DRX configuration and previous one or more AS configurations until a new RRC reconfiguration message is received.
However, Pan-2 teaches in response to the SL DRX configuration not being applicable and one or more AS configurations received with the SL DRX configuration not being applicable: transmitting, to the second UE, an RRC reconfiguration failure message with an SL DRX configuration failure indication or reject indication; and continuing to apply using a previous SL DRX configuration and previous one or more AS configurations until a new RRC reconfiguration message is received (Paragraphs 244-282 teach “1> if the UE is unable to comply with (part of) the configuration included in the RRCReconfigurationSidelink (i.e. sidelink RRC reconfiguration failure); 2> continue using the configuration used prior to the reception of the RRCReconfigurationSidelink message; 2> set the content of the RRCReconfigurationFailureSidelink message; 3> submit the RRCReconfigurationFailureSidelink message to lower layers for transmission; 1> else: 2> set the content of the RRCReconfigurationCompleteSidelink message; 3> submit the RRCReconfigurationCompleteSidelink message to lower layers for transmission; NOTE X: When the same logical channel is configured with different RLC mode by another UE, the UE handles the case as sidelink RRC reconfiguration failure.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan with the teachings of Pan-2 since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 20, Pan discloses the method of claim 1 as set forth above. Pan does not explicitly disclose in response to the SL DRX configuration being applicable or accepted and one or more AS configurations received with the SL DRX configuration are applicable or accepted: transmitting, to the second UE, an RRC reconfiguration complete message; and applying both the SL DRX configuration and the one or more AS configurations.
However, Pan-2 teaches in response to the SL DRX configuration being applicable or accepted and one or more AS configurations received with the SL DRX configuration are applicable or accepted: transmitting, to the second UE, an RRC reconfiguration complete message; and applying both the SL DRX configuration and the one or more AS configurations (Paragraphs 244-282 teach “1> if the UE is unable to comply with (part of) the configuration included in the RRCReconfigurationSidelink (i.e. sidelink RRC reconfiguration failure); 2> continue using the configuration used prior to the reception of the RRCReconfigurationSidelink message; 2> set the content of the RRCReconfigurationFailureSidelink message; 3> submit the RRCReconfigurationFailureSidelink message to lower layers for transmission; 1> else: 2> set the content of the RRCReconfigurationCompleteSidelink message; 3> submit the RRCReconfigurationCompleteSidelink message to lower layers for transmission; NOTE X: When the same logical channel is configured with different RLC mode by another UE, the UE handles the case as sidelink RRC reconfiguration failure.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan with the teachings of Pan-2 since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Pan in view of Luo et al. (CA 3,163,546, Luo hereafter) and further in view of Liu (US 2023/0082194).
RE claims 10 and 16, Pan discloses the method of claim 9 and second UE of claim 15 as set forth above. Pan does not explicitly disclose wherein the at least one processor is configured to cause the second UE to: transmit, to a base station (BS), at least one of the following: updated assistance information from the first UE; the SL DRX configuration failure indication; or an SL DRX configuration failure cause.
However, Luo teaches wherein the at least one processor is configured to cause the second UE to: transmit, to a base station (BS), updated assistance information from the first UE (Page 8, “after receiving the sidelink DRX configuration assistant information transmitted from the UE 124, the UE 102 may transmit the sidelink DRX configuration assistant information to the WANN 104”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan with the teachings of Luo since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Pan in view of Luo does not explicitly disclose wherein the at least one processor is configured to cause the second UE to: transmit, to a base station (BS), at least one of the following: the SL DRX configuration failure indication; or an SL DRX configuration failure cause.
However, Liu teaches wherein the at least one processor is configured to cause the second UE to: transmit, to a base station (BS), at least one of the following: the SL DRX configuration failure indication; or an SL DRX configuration failure cause (Paragraph 407 teaches “the RX UE may be replaced with “auxiliary UE”, and the TX UE may be replaced with “assisted UE”. In this case, the first resource configuration information may be auxiliary configuration information (for example, including resource configuration information indicating the RX UE to perform sensing). The assisted UE sends the auxiliary configuration information to the auxiliary UE, and the auxiliary UE may send auxiliary information (for example, one or more resource sets) to the assisted UE based on the auxiliary configuration information.”, Paragraphs 415-416 further teach “When the base station to which the RX UE belongs configures the first DRX configuration information for the RX UE, the RX UE sends DRX configuration failure information (for example, the first information) to the base station to which the RX UE belongs, to request the base station to configure or reconfigure DRX configuration information for the first sidelink after receiving the DRX configuration failure information.” and “The DRX configuration failure information may be a sidelink UE information message, an SL failure information message, or SL DRX configuration failure indication information. The DRX configuration failure indication information may be carried in an RRC message, a MAC CE, the SCI, or the like.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan in view of Luo with the teachings of Lin since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Pan in view of Shrivastava et al. (WO 2018/016882, Shrivastava hereafter).
RE claims 11 and 17, Pan discloses the method of claim 9 and second UE of claim 15 as set forth above. Pan does not explicitly disclose wherein the at least one processor is configured to cause the second UE to transmit a request for the assistance information to the first UE, wherein the request for the assistance information is transmitted when an operating state of the second UE changes.
However, Shrivastava teaches wherein the at least one processor is configured to cause the second UE to transmit a request for the assistance information to the first UE, wherein the request for the assistance information is transmitted when an operating state of the second UE changes (paragraphs 93-99 teaches “ the Remote UE 1102 transmits its current state (Idle, Connected, Out Of Coverage or OOC) and unicast DRX configurations for connected state over the PC-5 link to the Relay UE 1104 and requests it to provide the Sidelink DRX configurations based on the parameters shared with the Relay UE 1104 thus far.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Pan with the teachings of Shrivastava since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Conclusion
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/James P Duffy/Primary Examiner, Art Unit 2461