DETAILED ACTION
The claim amendments and remarks filed June 22, 2026 were received.
PRIOR ART
The following references are prior art:
1. (3/23/2026 PTO 892) 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. (3/23/2026 PTO 892) 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. (3/23/2026 PTO 892) 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, 3-8, and 29
Claims 1, 3-8, and 29 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). [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 UE-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. [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. The Examiner finds that Jeon taught receiving a sidelink allocation (i.e., Jeon’s Resource Allocation in Time and Frequency for Communication and Sensing) indicating a set of sidelink resources from the one or more sidelink resource pools (i.e., in Jeon the UE is configured with time/frequency/sequence resources pool for radar sensing at step 1301) and indicating one or more sidelink communication resources, one or more sidelink sensing resources, or both associated with the set of sidelink resources (i.e., the various time/frequency resource allocation methods for communication and sensing in Jeon), wherein the sidelink allocation is based at least in part on the RF capability type of the sidelink device (i.e., in Jeon allocation for sensing and communication is based on the different/varying UE capabilities in Jeon, such as configuration of frequencies for sensing modes or sensing states)).
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.
RESPONSE TO ARGUMENTS
Applicant’s arguments filed 6/22/2026 have been fully considered but they are not persuasive. In general Applicant’s arguments are not persuasive because they argue for limitations narrower than the Examiner’s broadest reasonable interpretation (see MPEP 2111), which is explained herein, and because Applicant argues for limitations that are not claimed.
On page 12 Applicant argued that “the cited prior art, the Jeon reference, does not teach an "RF capability type" of the sidelink allocation based on such a type.” The Examiner disagrees and asserts that Jeon taught receiving a sidelink allocation (i.e., Jeon’s Resource Allocation in Time and Frequency for Communication and Sensing) indicating a set of sidelink resources from the one or more sidelink resource pools (i.e., in Jeon the UE is configured with time/frequency/sequence resources pool for radar sensing at step 1301) and indicating one or more sidelink communication resources, one or more sidelink sensing resources, or both associated with the set of sidelink resources (i.e., the various time/frequency resource allocation methods for communication and sensing in Jeon), wherein the sidelink allocation is based at least in part on the RF capability type of the sidelink device (i.e., in Jeon allocation for sensing and communication is based on the different/varying UE capabilities in Jeon, such as configuration of frequencies for sensing modes or sensing states)).
On page 12 Applicant argued: “Jeon's "sensing modes "or "sensing states "are not a "type "of device; they are operational states through which a single, multi-purpose UE dynamically transitions during operation.” Applicant’s argument is not persuasive because it argues limitations not claimed. The claim is not limited to a “type of device” but to “RF capability type of the sidelink device,” which is taught by Jeon as discussed above.
On pages 12-13 Applicant argued “Jeon does not distinguish between devices having different RF capability types; instead, Jeon describes a single class of UE capable of joint communication and radar sensing and operating in different sensing modes.” Applicant’s argument is not persuasive because it argues limitations not claimed. The claim is not limited to different devices have different RF capabilities.
On page 13 Applicant argued: “Further, even if Jeon's sensing modes were, arguendo, equated with an "RF capability type" (which is not the case), the cited combination of prior art still does not teach, suggest, or disclose the recited causal relationship in which "the sidelink allocation is based at least in part on the RF capability type of the sidelink device." Applicant’s arguments are not persuasive. The Examiner notes that the claim does not require an explicit “causal relationship” but merely requires “the sidelink allocation” to be “based at least in part” on the “RF capability type.” In Jeon, the various time/frequency resource allocation methods for sidelink communication and sensing are allocated for communication/sensing based on the different/varying UE capabilities in Jeon, such as the configuration of frequencies for sensing modes or sensing states).
CONCLUSION
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher R Davis whose telephone number is (703)756-1832. The examiner can normally be reached M-F: 11AM to 8:00PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at (571) 272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.R.D./ Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
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