DETAILED ACTION
In response to communications filed 01/22/2026.
Claims 1-20 are pending for examination.
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
Claim 7, 8 and 19 are objected to because of the following informalities:
Line 4 of claim 7 should be amended to recite “[[a]]the threshold…”
Line 4 of claim 8 should be amended to recite “[[a]]the threshold…”
Line 4 of claim 19 should be amended to recite “[[a]]the threshold…”
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 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 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 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)(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 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 2024/0314842 A1) hereinafter “Wang.”
Regarding Claim 1, Wang teaches A method comprising:
determining, by a User Equipment (UE) (Wang: paragraphs 0027, 0033 & Fig. 1, first terminal device or user equipment; see also paragraph 0247 & Fig. 9), a measure of channel congestion, the measure of channel congestion being a channel busy ratio or a channel occupancy ratio (Wang: paragraph 0207, UE determines sidelink related measurements including channel busy ratio (CBR));
determining, by the UE, a contention window size (Wang: paragraph 0042, 0216 & Fig. 7A, first terminal device determines a value of a CW), based on the measure of channel congestion (Wang: paragraphs 0214-0216 & Fig. 7A, determine contention window based on SL channel busy ratio (CBR)), wherein the determining of the contention window size comprises:
determining that a number of negative acknowledgements (NACKs) exceeds a threshold (Wang: paragraph 0138, CW may be determined according to the evaluation of NACK comparing to the threshold), the threshold being based on the measure of channel congestion (Wang: paragraph 0140, Reference Signal Received Quality (RSRQ) of a signal can be used as the threshold, thus teaching the threshold is based on signal quality interference further indicating channel congestion); and
increasing the contention window size (Wang: paragraphs 0048, 0063, 0239 & Figs. 3-4, first terminal device increases CW to the next higher value);
waiting, during a first interval of time, without making a sidelink transmission (Wang: paragraph 0125, candidate start position in time domain for sidelink transmission therefore teaching SL transmission is performed after a first time interval of time based on the value of the contention window); and
making, by the UE, a sidelink transmission (Wang: paragraph 0040, first terminal device performs, based on the value of the contention window, a channel access procedure for sidelink transmission) after the first interval of time (Wang: paragraph 0125, said candidate start position in time domain for sidelink transmission therefore teaching SL transmission is performed based on the value of the contention window after a first time interval of time),
wherein a length of the first interval of time is based on the contention window size (Wang: paragraph 0040, said performing sidelink transmission based on the value of the contention window; see also paragraphs 0173 & 0184, slot interval between the slot of the SCI and reserved resources, or slot interval between adjacent reserved resources; or the period of transmission).
Regarding Claim 2, Wang teaches the respective claim(s) as presented above and further teaches wherein:
the first interval of time is an interval that ends when a random number of channel idle time slots have passed (Wang: paragraphs 0173 & 0184, slot interval between the slot of the SCI and reserved resources, or slot interval between adjacent reserved resources; or the period of transmission); and
the random number is selected to be between 0 and a number that is one less than the contention window size (Wang: paragraphs 0173 & 0184, said period of transmission for performing sidelink transmission based on the value of the contention window).
Regarding Claim 3, Wang teaches the respective claim(s) as presented above and further teaches
determining that the measure of channel congestion is less than a first threshold (Wang: paragraphs 0061-0062, terminal device determines whether a first factor satisfies a first threshold) and less than a second threshold (Wang: paragraphs 0061-0062, terminal device determines whether a second factor satisfies a second threshold); and
in response to determining that the measure of channel congestion is less than the first threshold and less than the second threshold (Wang: paragraph 0238 & Fig. 7C, terminal device determines whether SL CBR is below first threshold and second threshold), selecting, from among: a first contention window size and a second contention window size, greater than the first contention window size, the first contention window size as the contention window size (Wang: paragraph 0240, first terminal device maintains the value of the CW (determined CW)).
Regarding Claim 4, Wang teaches the respective claim(s) as presented above and further teaches determining that the measure of channel congestion is greater than the first threshold (Wang: paragraphs 0061-0062, terminal device determines whether a first factor satisfies a first threshold, i.e. SL CBR exceed R2) and greater than the second threshold (Wang: paragraphs 0061-0062, terminal device determines whether a second factor satisfies a second threshold, i.e. SL CBR exceed R2); and
in response to determining that the measure of channel congestion is greater than the first threshold and greater than the second threshold, selecting, from among: a first contention window size and a second contention window size, greater than the first contention window size, the second contention window size as the contention window size (Wang: paragraph 0240 & Fig. 7C, first terminal device increases CW to the next higher allowed).
Regarding Claim 5, Wang teaches the respective claim(s) as presented above and further teaches determining that the measure of channel congestion is between a first threshold and a second threshold (Wang: paragraphs 0061-0062, i.e. above first threshold R1 and not exceeding second threshold R2); and
in response to determining that the measure of channel congestion is between the first threshold and the second threshold, leaving unchanged the contention window size (Wang: paragraph 0240, first terminal device maintains the value of the CW (determined CW)).
Regarding Claim 6, Wang teaches the respective claim(s) as presented above and further teaches determining a number of negative acknowledgements (NACKs) in a reference duration (Wang: paragraph 0136 & 0142, first terminal device may determine the value of CW based on NACK detected within a reference duration); and
determining the contention window size based on the number of NACKs in the reference duration (Wang: paragraph 0136 & 0142, said value of CW based on NACK detected within a reference duration).
Regarding Claim 7, Wang teaches the respective claim(s) as presented above and further teaches determining that the number of NACKs in the reference duration exceeds a threshold, the threshold being based on the measure of channel congestion (Wang: paragraph 0138, CW may be determined according to the evaluation of NACK comparing to the relative threshold); and
in response to determining that the number of NACKs in the reference duration exceeds the threshold, selecting, from among: a first contention window size and a second contention window size, greater than the first contention window size, the second contention window size as the contention window size (Wang: paragraph 0140-1044, determine CW by comparing the received RSRP of NACK to the threshold).
Regarding Claim 8, Wang teaches the respective claim(s) as presented above and further teaches determining that the number of NACKs in the reference duration is less than a threshold, the threshold being based on the measure of channel congestion (Wang: paragraph 0138, CW may be determined according to the evaluation of NACK comparing to the relative threshold); and
in response to determining that the number of NACKs in the reference duration is less than the threshold, selecting, from among: a first contention window size and a second contention window size, greater than the first contention window size, the first contention window size as the contention window size (Wang: paragraph 0140-1044, determine CW by comparing the received RSRP of NACK to the threshold).
Regarding Claim 9, Wang teaches the respective claim(s) as presented above and further teaches wherein the determining of the contention window size comprises determining of the contention window size based on a ratio (Wang: paragraph 0141, second ratio of the number of NACKs) of:
the number of NACKs in the reference duration (Wang: paragraphs 0129 & 0136, determine the value of CW based on NACK detected within a reference duration), to
the number of acknowledgments (ACKs) and NACKs in the reference duration (Wang: paragraphs 0129 & 0136, determine the value of CW based on ACK/NACK detected within a reference duration).
Regarding Claim 10, Wang teaches the respective claim(s) as presented above and further teaches wherein the reference duration is defined:
to begin in a slot in which the UE obtains channel access to perform a first transmission of a transport block (Wang: paragraph 0125, candidate start position in time domain for sidelink transmission); and to end at the earlier of: when the UE receives a NACK, or when a set time expires (Wang: paragraphs 0173 & 0184, slot interval between the slot of the SCI and reserved resources, or slot interval between adjacent reserved resources; or the period of transmission).
Regarding Claim 11, Wang teaches the respective claim(s) as presented above and further teaches wherein the reference duration is defined:
to begin in a slot in which the UE obtains channel access to perform a first transmission of a transport block (Wang: paragraph 0125, candidate start position in time domain for sidelink transmission); and to end at the earlier of: when the UE receives an acknowledgment (ACK) or a NACK, or when a set time expires (Wang: paragraph 0136 & 0142, said value of CW based on NACK detected within a reference duration).
Regarding Claim 12, Wang teaches the respective claim(s) as presented above and further teaches wherein the reference duration is defined to be a set duration (Wang: paragraph 0055, reference duration may be configured or pre-configured or defined).
Regarding Claim 13, Wang teaches A system, comprising:
a User Equipment (UE) (Wang: paragraphs 0027, 0033 & Fig. 1, first terminal device or user equipment; see also paragraph 0247 & Fig. 9), comprising:
one or more processors (Wang: paragraph 0248 & Fig. 9, processor); and
a memory (Wang: paragraph 0248 & Fig. 9, memory) storing instructions which, when executed by the one or more processors (Wang: paragraph 0249 & Fig. 9, memory stores program executed by the processor), cause performance of:
determining, a measure of channel congestion, the measure of channel congestion being a channel busy ratio or a channel occupancy ratio (Wang: paragraph 0207, UE determines sidelink related measurements including channel busy ratio (CBR));
determining, a contention window size (Wang: paragraph 0042, 0216 & Fig. 7A, first terminal device determines a value of a CW), based on the measure of channel congestion (Wang: paragraphs 0214-0216 & Fig. 7A, determine contention window based on SL channel busy ratio (CBR)), wherein the determining of the contention window size comprises:
determining that a number of negative acknowledgements (NACKs) exceeds a threshold (Wang: paragraph 0138, CW may be determined according to the evaluation of NACK comparing to the threshold), the threshold being based on the measure of channel congestion (Wang: paragraph 0140, Reference Signal Received Quality (RSRQ) of a signal can be used as the threshold, thus teaching the threshold is based on signal quality interference further indicating channel congestion); and
increasing the contention window size (Wang: paragraphs 0048, 0063, 0239 & Figs. 3-4, first terminal device increases CW to the next higher value);
waiting, during a first interval of time, without making a sidelink transmission (Wang: paragraph 0125, candidate start position in time domain for sidelink transmission therefore teaching SL transmission is performed after a first time interval of time based on the value of the contention window); and
making, by the UE, a sidelink transmission (Wang: paragraph 0040, first terminal device performs, based on the value of the contention window, a channel access procedure for sidelink transmission) after the first interval of time (Wang: paragraph 0125, said candidate start position in time domain for sidelink transmission therefore teaching SL transmission is performed based on the value of the contention window after a first time interval of time),
wherein a length of the first interval of time is based on the contention window size (Wang: paragraph 0040, said performing sidelink transmission based on the value of the contention window; see also paragraphs 0173 & 0184, slot interval between the slot of the SCI and reserved resources, or slot interval between adjacent reserved resources; or the period of transmission).
Regarding Claim 14, Wang teaches the respective claim(s) as presented above and further teaches wherein:
the first interval of time is an interval that ends when a random number of channel idle time slots have passed (Wang: paragraphs 0173 & 0184, slot interval between the slot of the SCI and reserved resources, or slot interval between adjacent reserved resources; or the period of transmission); and
the random number is selected to be between 0 and a number that is one less than the contention window size (Wang: paragraphs 0173 & 0184, said period of transmission for performing sidelink transmission based on the value of the contention window).
Regarding Claim 15, Wang teaches the respective claim(s) as presented above and further teaches
determining that the measure of channel congestion is less than a first threshold (Wang: paragraphs 0061-0062, terminal device determines whether a first factor satisfies a first threshold) and less than a second threshold (Wang: paragraphs 0061-0062, terminal device determines whether a second factor satisfies a second threshold); and
in response to determining that the measure of channel congestion is less than the first threshold and less than the second threshold (Wang: paragraph 0238 & Fig. 7C, terminal device determines whether SL CBR is below first threshold and second threshold), selecting, from among: a first contention window size and a second contention window size, greater than the first contention window size, the first contention window size as the contention window size (Wang: paragraph 0240, first terminal device maintains the value of the CW (determined CW)).
Regarding Claim 16, Wang teaches the respective claim(s) as presented above and further teaches determining that the measure of channel congestion is greater than the first threshold (Wang: paragraphs 0061-0062, terminal device determines whether a first factor satisfies a first threshold, i.e. SL CBR exceed R2) and greater than the second threshold (Wang: paragraphs 0061-0062, terminal device determines whether a second factor satisfies a second threshold, i.e. SL CBR exceed R2); and
in response to determining that the measure of channel congestion is greater than the first threshold and greater than the second threshold, selecting, from among: a first contention window size and a second contention window size, greater than the first contention window size, the second contention window size as the contention window size (Wang: paragraph 0240 & Fig. 7C, first terminal device increases CW to the next higher allowed).
Regarding Claim 17, Wang teaches the respective claim(s) as presented above and further teaches determining that the measure of channel congestion is between a first threshold and a second threshold (Wang: paragraphs 0061-0062, i.e. above first threshold R1 and not exceeding second threshold R2); and
in response to determining that the measure of channel congestion is between the first threshold and the second threshold, leaving unchanged the contention window size (Wang: paragraph 0240, first terminal device maintains the value of the CW (determined CW)).
Regarding Claim 18, Wang teaches the respective claim(s) as presented above and further teaches determining a number of negative acknowledgements (NACKs) in a reference duration (Wang: paragraph 0136 & 0142, first terminal device may determine the value of CW based on NACK detected within a reference duration); and
determining the contention window size based on the number of NACKs in the reference duration (Wang: paragraph 0136 & 0142, said value of CW based on NACK detected within a reference duration).
Regarding Claim 19, Wang teaches the respective claim(s) as presented above and further teaches wherein the determining of the contention window size based on the number of NACKs in the reference duration comprises:
determining that the number of NACKs in the reference duration exceeds a threshold, the threshold being based on the measure of channel congestion (Wang: paragraph 0138, CW may be determined according to the evaluation of NACK comparing to the relative threshold); and
in response to determining that the number of NACKs in the reference duration exceeds the threshold, selecting, from among: a first contention window size and a second contention window size, greater than the first contention window size, the second contention window size as the contention window size (Wang: paragraph 0140-1044, determine CW by comparing the received RSRP of NACK to the threshold).
Regarding Claim 20, Wang teaches A User Equipment (Wang: paragraphs 0027, 0033 & Fig. 1, first terminal device or user equipment; see also paragraph 0247 & Fig. 9) comprising:
means for processing (Wang: paragraph 0248 & Fig. 9, processor); and
a memory (Wang: paragraph 0248 & Fig. 9, memory) storing instructions which, when executed by the means for processing(Wang: paragraph 0249 & Fig. 9, memory stores program executed by the processor), cause performance of:
determining, by the User Equipment (UE) (Wang: paragraphs 0027, 0033 & Fig. 1, first terminal device or user equipment; see also paragraph 0247 & Fig. 9), a measure of channel congestion, the measure of channel congestion being a channel busy ratio or a channel occupancy ratio (Wang: paragraph 0207, UE determines sidelink related measurements including channel busy ratio (CBR));
determining, by the UE, a contention window size (Wang: paragraph 0042, 0216 & Fig. 7A, first terminal device determines a value of a CW), based on the measure of channel congestion, wherein the determining of the contention window size comprises:
determining that a number of negative acknowledgements (NACKs) exceeds a threshold (Wang: paragraph 0138, CW may be determined according to the evaluation of NACK comparing to the threshold), the threshold being based on the measure of channel congestion (Wang: paragraph 0140, Reference Signal Received Quality (RSRQ) of a signal can be used as the threshold, thus teaching the threshold is based on signal quality interference further indicating channel congestion); and
increasing the contention window size (Wang: paragraphs 0048, 0063, 0239 & Figs. 3-4, first terminal device increases CW to the next higher value);
waiting, during a first interval of time, without making a sidelink transmission (Wang: paragraph 0125, candidate start position in time domain for sidelink transmission therefore teaching SL transmission is performed after a first time interval of time based on the value of the contention window); and
making, by the UE, a sidelink transmission (Wang: paragraph 0040, first terminal device performs, based on the value of the contention window, a channel access procedure for sidelink transmission) after the first interval of time (Wang: paragraph 0125, said candidate start position in time domain for sidelink transmission therefore teaching SL transmission is performed based on the value of the contention window after a first time interval of time),
wherein a length of the first interval of time is based on the contention window size (Wang: paragraph 0040, said performing sidelink transmission based on the value of the contention window; see also paragraphs 0173 & 0184, slot interval between the slot of the SCI and reserved resources, or slot interval between adjacent reserved resources; or the period of transmission).
Response to Amendment
In view of amendments to claims 1-20, previous rejection under 35 USC § 112(b) has been withdrawn.
Response to Arguments
Applicants' arguments:
Wang alone or in combination fails to teach or suggest determining that a number of negative acknowledgements (NACKs) exceeds a threshold that is based on the measure of channel congestion and increasing the contention window size since the threshold of Wang is only based on the power or energy used in determining the contention window (remarks, page 10).
Examiner’s response:
Applicant's arguments filed 01/22/2026 have been fully considered but they are not persuasive. Although Wang teaches a signal power or signal energy (i.e. Reference Signal Received Power) can be used as the threshold as argued, Wang additionally teaches the threshold may be further based on a Reference Signal Received Quality (RSRQ) (Wang: paragraph 0140). As previously presented, Wang teaches the contention window may be determined according to the evaluation of NACK comparing to the threshold (Wang: paragraph 0138). Since the threshold is based on signal quality in at least one embodiment, Wang similarly teaches determining a number of NACKs that exceeds a threshold that is specifically based on signal quality indicating interference and/or channel congestion.
Therefore the § 102(a)(2) rejection of amended claims 1, 13 and 20 is maintained.
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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/NAJEEB ANSARI/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
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