DETAILED ACTION
The claim amendments and remarks filed December 4, 2025 were received.
ELECTION/RESTRICTION
Applicant’s election without traverse of Group I in the reply filed on December 4, 2025 is acknowledged.
In the action dated October 23, 2025, restriction to one of the following inventions was required under 35 U.S.C. 121.
I. Claims 1-8, 29, and 30, drawn to transmitting an RF capability type of the sidelink device, classified in H04W 72/51 “Allocation or scheduling criteria for wireless resources; based on terminal or device properties.”
II. Claims 9-20 and 31, drawn to transmitting sidelink control information comprising a sidelink allocation, classified in H04W 72/40 “Resource management for direct mode communication, e.g. D2D or sidelink.”
III. Claims 21-28 and 32, drawn to processing sidelink control information based on a radio frequency capability, classified in H04W 72/0453 “Wireless resource allocation; based on the type of the allocated resource; Resources in frequency domain, e.g. a carrier in FDMA.”
The inventions are independent or distinct, each from the other because:
Inventions I, II, and III are related as subcombinations disclosed as usable together in a single combination. The subcombinations are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable. In the instant case subcombination Invention I has separate utility such as providing an RF capability; subcombination Invention II has separate utility such as transmitting sidelink control information comprising a sidelink allocation; and subcombination Invention III has separate utility such as processing sidelink control information based on a radio frequency capability. See MPEP § 806.05(d).
The examiner has required restriction between subcombinations usable together. Where applicant elects a subcombination and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
There would be a serious search and examination burden if restriction were not required of the subcombinations because of their separate classification which shows that each invention has attained recognition in the art as a separate subject for inventive effort, and also a separate field of search. These subcombinations each require a different field of search where it would be necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other inventions.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
PRIOR ART
The following references are prior art:
1. US 2022/0256519 A1 (“Jeon”) is prior art under 35 U.S.C. 102(a)(1) since it published on Aug. 11, 2022 before Aug. 7, 2023, the effective filing date of the claimed invention.
2. 3GPP TS 36.331 version 17.4.0 Release 17 (36.331) is prior art under 35 U.S.C. 102(a)(1) since it published in Apr. 2023 before Aug. 7, 2023, the effective filing date of the claimed invention.
3. 3GPP TS 36.213 version 17.5.0 Release 17 (36.213) is prior art under 35 U.S.C. 102(a)(1) since it published in Apr. 2023 before Aug. 7, 2023, the effective filing date of the claimed invention.
CLAIM REJECTIONS — 35 U.S.C. 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:
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
CLAIMS 1-8, 29, and 30
Claims 1-8, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2022/0256519 A1) in view of 3GPP TS 36.331 version 17.4.0.
Claim 1
With respect to claim 1, Jeon taught:
A method of wireless communication performed by a sidelink device ([0206] This disclosure pertains joint communication and radar sensing, wherein a UE is able to perform downlink/uplink/sidelink communication and also perform radar sensing by "sensing"/detecting environmental objects and their physical characteristics such as location/range, velocity/speed, elevation, angle, and so on.),
comprising: receiving a configuration indicating one or more sidelink resource pools ([0010] In an embodiment, a user equipment includes a transceiver configured to receive an indication of a configuration a resource pool. ([0206] This disclosure pertains joint communication and radar sensing, wherein a UE is able to perform downlink/uplink/sidelink communication and also perform radar sensing by "sensing"/detecting environmental objects and their physical characteristics such as location/range, velocity/speed, elevation, angle, and so on. [0260] Two sidelink resource allocation modes are supported: mode 1 and mode 2… In mode 2, UE decides the SL transmission resources in the resource pool(s). [0465] FIG. 13 shows an example flowchart for "resource sensing" for radar sensing operation according to embodiments of the present disclosure, where the UE needs to find an "available" resource from a resource "pool" that is shared by other UEs, based on energy/power detection or sequence/ signal detection method. [0466] A UE is configured with time/frequency/sequence resources pool for radar sensing at step 1301.);
and receiving a sidelink allocation indicating a set of sidelink resources from the one or more sidelink resource pools and indicating one or more sidelink communication resources, one or more sidelink sensing resources, or both associated with the set of sidelink resources, wherein the sidelink allocation is based at least in part on the RF capability type of the sidelink device ([0206] This disclosure pertains joint communication and radar sensing, wherein a UE is able to perform downlink/uplink/sidelink communication and also perform radar sensing by "sensing"/detecting environmental objects and their physical characteristics such as location/range, velocity/speed, elevation, angle, and so on. [0212] Embodiments of the disclosure for supporting joint communication and radar sensing procedures are summarized in the following and are fully elaborated further below. [0213] E-1) Resource allocation in time and frequency for communication and sensing: In one embodiment, the UE can be configured or indicated with various time/frequency resource allocation methods for communication and sensing. [0409] E-1) Resource Allocation in Time and Frequency for Communication and Sensing: [0410] In one embodiment, the UE can be configured or indicated with various time/frequency resource allocation methods for communication and sensing. [0411] In a first approach, separate resources can be allocated for radar sensing compared to resources for communication. In one example, separate resource can refer to non-overlapping or fully orthogonal resource allocation between radar sensing and communications. For example, in the time domain, resources for radar transmission can be TDM with respect to resources for communication. In another example, in the frequency domain, resources for radar transmission can be FDM with respect to resources for communication. In another example, separate resources can refer to overlapping, but not identical resources. [0440] In one example, the UE can be configured with a number of "sensing modes" or "sensing states", such as "idle/inactive/stand-by sensing" and "active sensing". For example, a UE in "active sensing" mode/state can be configured/activated with a fine/full sensing resources, e.g., with larger bandwidth and smaller periodicity. On the other hand, a UE in "idle/inactive/stand-by sensing" mode/state can be configured/activated with a coarse sensing resources, e.g., with smaller bandwidth and larger periodicity. A transition between different modes can be based on occurrence of a triggering condition as described above, or based on UE implementation, or based on gNB decision/signaling. For example, the UE can operate with a coarse sensing resource (or resource set), and once it detects an object/motion, the UE can request and received configuration/activation for a fine sensing resource ( or resource set). [0465] FIG. 13 shows an example flowchart for "resource sensing" for radar sensing operation according to embodiments of the present disclosure, where the UE needs to find an "available" resource from a resource "pool" that is shared by other UEs, based on energy/power detection or sequence/ signal detection method. [0448] A UE is configured with a set of possible radar sensing activity states in step 1201. The UE is configured with a set of possible radar sensing type categories in step 1202. The UE is configured with radar sensing resources/sequences for one or multiple pairs of radar sensing activity states and radar sensing type categories in step 1203. The UE sends radar sensing type category and/or activity state to the network possibly to perform radar sensing operation in step 1204. The UE receives activation indication from the network and perform radar sensing using the resources/sequences associated with the radar sensing activity states and/or type categories in step 1205. [0449] In step 1201, the radar sensing activity states can include active sensing, idle/inactive/stand-by sensing, and so on. [0463] In another example, time/frequency/spatial/sequence configuration for radar sensing are configured in a cell-specific or BWP-specific or VE-group-specific manner, so that a "pool" of resources/sequences are shared by a number of UEs operating in a cell or BWP or belonging to a predetermined/(pre-)configured or dynamically indicated group of UEs. For example, a group of UEs can be determined based on close proximity and location/ranging of the UEs. [0466] A UE is configured with time/frequency/sequence resources pool for radar sensing at step 1301.).
Jeon taught the limitations of claim 1 discussed above but failed to explicitly teach “receiving a request to report a radio frequency (RF) capability; and transmitting, responsive to the request, an RF capability type of the sidelink device.”
With respect to claim 1, 36.331 taught:
receiving a request to report a radio frequency (RF) capability; and transmitting, responsive to the request, an RF capability type of the sidelink device ([p.271-276] 5.6.3 UE capability transfer. 5.6.3.1 General. Figure 5.6.3.1-1: UE capability transfer [illustrating UECapabilityEnquiry from EUTRAN to UE followed by UECapabilityInformation from UE to EUTRAN]. The purpose of this procedure is to transfer UE radio access capability information from the UE to E-UTRAN. 5.6.3.2 Initiation E-UTRAN initiates the procedure to a UE in RRC_CONNECTED when it needs (additional) UE radio access capability information. 5.6.3.3 Reception of the UECapabilityEnquiry by the UE The UE shall: 1> for NB-IoT, set the contents of UECapabilityInformation message as follows: . . . 1> else, set the contents of UECapabilityInformation message as follows: . . . 3> if the UECapabilityEnquiry message includes sidelinkRequest: 4> for a sidelink band combination the UE included in v2x-SupportedBandCombinationListEUTRA-NR: 5> if the UE supports partial sensing for a band of the sidelink band combination, include the partial sensing capabilities for the band using the v2x-BandParametersEUTRA-NR-v1710; 4> set sidelinkRequested to true;. . . submit the UECapabilityInformation message to lower layers for transmission, upon which the procedure ends;).
The Examiner finds that it 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 to implement the UE capability transfer technique described in 3GPP TS 36.331 in Jeon’s Sensing and Wireless Communication System because Jeon [0205] specifically suggests implementing embodiments of its disclosure using 3GPP standards and because Jeon describes how UEs can have different/varying capabilities (e.g., sensing modes or sensing states) but does not describe how the UE informs the network of its capabilities, which is a standard and known technique under the 3GPP TS 36.331 Specification. The claimed invention merely combines prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). The Examiner finds that (1) the prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference (as discussed above); (2) one of ordinary skill in the art could have combined the elements as claimed by known methods (i.e., according to the 3GPP technical specifications), and that in combination, each element merely performs the same function as it does separately (i.e., the elements in combination operate the same as they do in Jeon and in 3GPP respectively); and (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable (i.e., implementing UECapabilityEnquiry requests and UECapabilityInformation responses as described in 3GPP has predictable results when implemented in Jeon’s system since it is designed to be implemented using 3GPP specification).
Claim 3
With respect to claim 3, Jeon in view of 3GPP TS 36.331 taught:
The method of claim 1 (see rejection above).
With respect to claim 3, Jeon taught:
wherein: the sidelink allocation comprises the one or more sidelink sensing resources absent any indication of a sidelink communication resource based at least in part on the RF capability type of the sidelink device being a sensing-only type; and the one or more sidelink sensing resources comprise a last symbol of sidelink slot ([0006] Resources are configured, by frame/subframe/slot/symbol, for uplink communication components, downlink communication components, radar sensing components, or flexible components. Flexible components are configured by symbol for uplink or downlink communications, radar sensing, or flexible usage. Full, partial or no overlap between resources for uplink, downlink or sidelink communication and resources for radar sensing may be configured. [0412] In one example, the UE can be configured with a time pattern, wherein a first set of symbols/slots/subframes/frames in the time pattern are configured for radar sensing, and a second set of symbols/slots/subframes/frames in the time pattern are configured for communication, wherein the first set and the second set do not overlap. For example, the radar resources can be referred to as "R" (for radar) or as "S" (for sensing), while the communication resources can be referred to as "C" (for communication) or as "D" or "L" (for downlink or uplink) or possibly "SL" (for sidelink), and so on. [0413] Similarly, a set of resources/symbols/slots/subframes/frames for communication can be further split between downlink (DL or D) reception, and uplink (UL or U) transmission, and/or possibly sidelink (SL) communication, and so on. [0414] FIG. 8 shows an example time pattern for joint communication and sensing according to embodiments of the present disclosure, where some slots/symbols are allocated to DL/UL communications and some slots/symbols are allocated for radar sensing. For example, a joint communication and sensing slot pattern 810 can be considered that includes a number of downlink slots (D) 820, a number of radar slots (R) 830, a number of flexible slots ('-') 840, and a number of uplink slots (U) 850. Each flexible slot 840, in turn, can have a joint communication and sensing symbol pattern 860 that includes a number of downlink symbols (D) 870, a number of radar symbols (R) 880, a number of flexible symbols('-') 890, and a number of uplink symbols (U) 895. [0436] In one embodiment, a UE can request gNB, for the case of beyond 5G system as an example, for configuration of time/frequency resources for radar sensing, and/or for activation or release of such configured resources. [0440] In one example, the UE can be configured with a number of "sensing modes" or "sensing states", such as "idle/inactive/stand-by sensing" and "active sensing". For example, a UE in "active sensing" mode/state can be configured/activated with a fine/full sensing resources, e.g., with larger bandwidth and smaller periodicity. The Examiner finds that in the “active sensing state” in Jeon is a sensing-only type because it is described as using “full sensing resources,” without sidelink communication resource, meaning that all symbols in the time pattern would be “R” for radar/sensing (i.e., a variation on FIG.8 where D, U, and “ – “ are changed to “R” for full sensing resources in the active sensing state, including the last symbol.).
Claim 4
With respect to claim 4, Jeon in view of 3GPP TS 36.331 taught:
The method of claim 1 (see rejection above).
With respect to claim 4, Jeon taught:
wherein: the sidelink allocation comprises the one or more sidelink communication resources and the one or more sidelink sensing resources based at least in part on the RF capability type of the sidelink device being a joint communication and sensing type; and the one or more sidelink sensing resources comprise one or more guard periods associated with the one or more sidelink communication resources ([0412] In one example, the UE can be configured with a time pattern, wherein a first set of symbols/slots/subframes/ frames in the time pattern are configured for radar sensing, and a second set of symbols/slots/subframes/frames in the time pattern are configured for communication, wherein the first set and the second set do not overlap. For example, the radar resources can be referred to as "R" (for radar) or as "S" (for sensing), while the communication resources can be referred to as "C" (for communication) or as "D" or "L" (for downlink or uplink) or possibly "SL" (for sidelink), and so on. [0413] The time pattern can be referred to as a slot format, or a communication-radar slot format, or a communication radar time pattern. Such time pattern(s) can have a structure. For example, the time pattern can include a first number of slots for radar followed by a second number of slots for communication. In another example, the time pattern can include a first number of slots and a second number of symbols for radar followed by a third number of slots and a fourth number of symbols for communication. In yet another example, the time pattern can include a number of guard symbols or slots between radar resources and communication resources,… a set of resources/symbols/slots/subframes/frames for communication can be further split between downlink (DL or D) reception, and uplink (UL or U) transmission, and/or possibly sidelink (SL) communication, and so on.).
Claim 5
With respect to claim 5, Jeon in view of 3GPP TS 36.331 taught:
The method of claim 4 (see rejection above).
With respect to claim 5, Jeon taught:
further comprising: transmitting a communication scheduling request and a sensing scheduling request in a first uplink control information (UCI) via a first physical uplink control channel (PUCCH) ([[0448] A UE is configured with a set of possible radar sensing activity states in step 1201. The UE is configured with a set of possible radar sensing type categories in step 1202. The UE is configured with radar sensing resources/ sequences for one or multiple pairs of radar sensing activity states and radar sensing type categories in step 1203. The UE sends radar sensing type category and/or activity state to the network possibly to perform radar sensing operation in step 1204. The UE receives activation indication from the network and perform radar sensing using the resources/sequences associated with the radar sensing activity states and/or type categories in step 1205. [0449] In step 1201, the radar sensing activity states can include active sensing, idle/inactive/stand-by sensing, and so on. [0450] There can be various methods to indicate UE's request for configuration/activation/release of time/frequency resources for radar sensing... In another example, such a request can be regarded as a new uplink control information (UCI) or part/component of a modification to an existing UCI type that can be carried in a PUCCH resource, or can be multiplexed with a PUSCH transmission, including a (dynamic) PUSCH transmission scheduled by a DCI format, or a CG-UCI multiplexed on a configured grant (CG) PUSCH.).
Claim 6
With respect to claim 6, Jeon in view of 3GPP TS 36.331 taught:
The method of claim 4 (see rejection above).
With respect to claim 6, Jeon taught:
further comprising: encoding a communication scheduling request in a first uplink control information (UCI); encoding a sensing scheduling request in a second UCI different from the first UCI; transmitting the first UCI via a first physical uplink control channel (PUCCH); and transmitting the second UCI via a second PUCCH ([0412] In one example, the UE can be configured with a time pattern, wherein a first set of symbols/slots/ subframes/frames in the time pattern are configured for radar sensing, and a second set of symbols/slots/subframes/frames in the time pattern are configured for communication, wherein the first set and the second set do not overlap. For example, the radar resources can be referred to as "R" (for radar) or as "S" (for sensing), while the communication resources can be referred to as "C" (for communication) or as "D" or "L" (for downlink or uplink) or possibly "SL" (for sidelink), and so on. [0450] There can be various methods to indicate UE's request for configuration/activation/release of time/frequency resources for radar sensing... In another example, such a request can be regarded as a new uplink control information (UCI) or part/component of a modification to an existing UCI type that can be carried in a PUCCH resource, or can be multiplexed with a PUSCH transmission, including a (dynamic) PUSCH transmission scheduled by a DCI format, or a CG-UCI multiplexed on a configured grant (CG) PUSCH).
Claim 7
With respect to claim 7, Jeon in view of 3GPP TS 36.331 taught:
The method of claim 6 (see rejection above).
With respect to claim 7, Jeon taught:
wherein the sidelink allocation is received as a downlink control information (DCI) via a physical downlink control channel (PDCCH) ([0006] Resources are configured, by frame/subframe/slot/symbol, for uplink communication components, downlink communication components, radar sensing components, or flexible components. Flexible components are configured by symbol for uplink or downlink communications, radar sensing, or flexible usage. Full, partial or no overlap between resources for uplink, downlink or sidelink communication and resources for radar sensing may be configured. Frequency configuration for radar sensing may be in absolute units or grid units, and waveforms other than the waveform used for communication may be used for radar sensing. Configuration may be initiated by a base station in response to explicit or implicit request by a UE for sensing resources. A UE may sense resources within a configured resource pool for availability before using the resources for radar sensing. [0412] In one example, the UE can be configured with a time pattern, wherein a first set of symbols/slots/subframes/frames in the time pattern are configured for radar sensing, and a second set of symbols/slots/ subframes/frames in the time pattern are configured for communication. [0413] a set of resources/symbols/slots/subframes/frames for communication can be further split between downlink (DL or D) reception, and uplink (UL or U) transmission, and/or possibly sidelink (SL) communication, and so on... In one example, L1/L2 signaling, such as MAC CE or DCI, can indicate a time pattern or two/multiple time patterns. For example, a DCI filed or format can indicate a time pattern, wherein the DCI format can be in a VE-specific search space (USS) set or a common search space (CSS) set, including a group-common DCI format for a number of UEs, possibly with each UE reading a configured position in the DCI format.).
Claim 8
With respect to claim 8, Jeon in view of 3GPP TS 36.331 taught:
The method of claim 6 (see rejection above).
With respect to claim 8, Jeon taught:
wherein the sidelink allocation is received as a first downlink control information (DCI) via a first physical downlink control channel (PDCCH) and a second DCI via a second PDCCH different from the first PDCCH ([0006] Resources are configured, by frame/subframe/slot/symbol, for uplink communication components, downlink communication components, radar sensing components, or flexible components. Flexible components are configured by symbol for uplink or downlink communications, radar sensing, or flexible usage. Full, partial or no overlap between resources for uplink, downlink or sidelink communication and resources for radar sensing may be configured. Frequency configuration for radar sensing may be in absolute units or grid units, and waveforms other than the waveform used for communication may be used for radar sensing. Configuration may be initiated by a base station in response to explicit or implicit request by a UE for sensing resources. A UE may sense resources within a configured resource pool for availability before using the resources for radar sensing. [0233] The UE can be configured with a list of up to M TCI-State configurations within the higher layer parameter PDSCH-Config to decode PDSCH according to a detected PDCCH with DCI intended for the UE and the given serving cell. [0412] In one example, the UE can be configured with a time pattern, wherein a first set of symbols/slots/subframes/frames in the time pattern are configured for radar sensing, and a second set of symbols/slots/subframes/frames in the time pattern are configured for communication, wherein the first set and the second set do not overlap. For example, the radar resources can be referred to as "R" (for radar) or as "S" (for sensing), while the communication resources can be referred to as "C" (for communication) or as "D" or "L" (for downlink or uplink) or possibly "SL" (for sidelink), and so on. [0413] Similarly, a set of resources/symbols/slots/subframes/frames for communication can be further split between downlink (DL or D) reception, and uplink (UL or U) transmission, and/or possibly sidelink (SL) communication, and so on… In another example, multiple time patterns can be configured to the UE. For example, the UE can be configured with two time patterns, with separate configuration for periodicity and other parameter as described earlier, so that a second time pattern is applied after a first pattern ends, then the first pattern is applied, then the second pattern, and so on. In one example, L1/L2 signaling, such as MAC CE or DCI, can indicate a time pattern or two/multiple time patterns. For example, a DCI filed or format can indicate a time pattern, wherein the DCI format can be in a UE-specific search space (USS) set or a common search space (CSS) set, including a group-common DCI format for a number of UEs, possibly with each UE reading a configured position in the DCI format. [0413] a set of resources/symbols/slots/subframes/frames for communication can be further split between downlink (DL or D) reception, and uplink (UL or U) transmission, and/or possibly sidelink (SL) communication, and so on... In one example, L1/L2 signaling, such as MAC CE or DCI, can indicate a time pattern or two/multiple time patterns. For example, a DCI filed or format can indicate a time pattern, wherein the DCI format can be in a UE-specific search space (USS) set or a common search space (CSS) set, including a group-common DCI format for a number of UEs, possibly with each UE reading a configured position in the DCI format.).
Claim 29
Claim 30 recites limitations similar to claim 1 except that is additionally recites “one or more memories; one or more transceivers; and one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to” perform the method of claim 1. Jeon [0392]-[0396] taught these limitations. Claim 29 is rejected for this reason along with the reasons given for claim 1.
CLAIMS 2 and 30
Claims 2 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (US 2022/0256519 A1) in view of 3GPP TS 36.331 version 17.4.0 and 3GPP TS 36.213 version 17.5.0 Release 17 (36.213).
Claim 2
With respect to claim 2, Jeon in view of 3GPP TS 36.331 taught:
The method of claim 1 (see rejection above).
With respect to claim 2, 36.213 taught:
wherein: the sidelink allocation comprises the one or more sidelink communication resources absent any indication of a sidelink sensing resource based at least in part on the RF capability type of the sidelink device being a communication-only type ([p.484] A UE can be configured by higher layers with one or more PSSCH resource configuration(s). A PSSCH resource configuration can be for reception of PSSCH, or for transmission of PSSCH. The physical sidelink shared channel related procedures are described in Clause 14.1… [p.500] 14.1.3 UE procedure for determining resource block pool and subframe pool for sidelink transmission mode 2 For a PSCCH period associated with the PSCCH resource configuration (determined in Clause 14.2.3) which is also associated with the PSSCH resource configuration, the UE determines a PSSCH pool consisting of a subframe pool and resource block pool as follows… 14.1.4 UE procedure for determining subframe pool for sidelink transmission mode 1 For a PSCCH period associated with the PSCCH resource configuration (described in Clause 14.2.3) which is also associated with the PSSCH resource configuration, the UE determines a PSSCH pool consisting of a subframe pool as follows. [p.507-508] 14.2.3 UE procedure for determining resource block pool and subframe pool for PSCCH The following procedure is used for sidelink transmission mode 1 and 2... For a PSCCH period, the UE determines a PSCCH pool consisting of a subframe pool and a resource block pool as follows. The Examiner notes that 3GPP TS 36.213 covers communication devices and does not describes sensing-only devices. As such, the sidelink communication resources in 36.213 are absent any indication of a sidelink sensing resource based at least in part on the RF capability type of the sidelink device being a communication-only type).
The Examiner finds that it 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 to implement the sidelink resource allocation technique described in 3GPP TS 36.213 in Jeon’s Sensing and Wireless Communication System because Jeon [0205] specifically suggests implementing embodiments of its disclosure using 3GPP standards and because Jeon describes how UEs can use sidelink resources but does not describe how these resources are allocated for communication-only devices, which is a standard and known technique under the 3GPP TS 36.213 Specification. The claimed invention merely combines prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). The Examiner finds that (1) the prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference (as discussed above); (2) one of ordinary skill in the art could have combined the elements as claimed by known methods (i.e., according to the 3GPP technical specifications), and that in combination, each element merely performs the same function as it does separately (i.e., the elements in combination operate the same as they do in Jeon and in 3GPP respectively); and (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable (i.e., implementing sidelink resource allocation as described in 3GPP has predictable results when implemented in Jeon’s system since it is designed to be implemented using 3GPP specification).
Claim 30
Claim 30 recites limitations similar to claim 2 and is rejected by the same reasoning.
PERTINENT PRIOR ART
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
1. WO 2023/080814 A1 is prior art under 35 U.S.C. 102(a)(1) since it published on May. 11, 2023 before Aug. 7, 2023, the effective filing date of the claimed invention. It disclosed a method of operating a radio node in a wireless communication net-work, the radio node being adapted for wireless communication, and being adapted for sensing and/or for radar operation, the method comprising operating utilizing communication signalling and operating utilising sensing signalling in a multiplexing time interval, the communication signalling and sensing signalling being multiplexed in the multiplexing [] time interval. The disclosure also pertains to related devices and methods.
CONCLUSION
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/C.R.D./ Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476