DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Claims 1, 2, 12, 14 and 15 are objected to because of the following informalities: The claims contain the phrase "capable of”. It has been held that the recitationthat an element is "capable of' performing a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138. Appropriate correction is required.
Drawings
3. New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because figure 9 is illegible. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
5. Claims 6-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 6-11, it’s unclear whether “the apparatus” refers to the first apparatus or the second apparatus, or the sidelink manager, recited in claim 1. Examiner assumed the apparatus refers to the sidelink manager.
Claim Rejections - 35 USC § 102
6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
7. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
8. Claims 1, 2, 5, 6, 9 and 11-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nguyen et al. (US 2020/0146066 A1, hereinafter “Nguyen”).
Regarding claims 1 and 14, Nguyen teaches a sidelink manager (e.g., 502 of fig. 5. Figs. 8-11), comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor (figs. 11-13), cause the sidelink manager at least to: determine a first resource allocation used by a first module part of a first apparatus (e.g., LTE component of BS station 504 of fig. 5. Where it is implicit that the LTE component is capable of performing sidelink communications via LTE and not capable of performing sidelink communications via NR) capable of performing sidelink communications via a first radio access technology and not capable of performing sidelink communications via a second radio access technology (¶ [0070], The first base station 504 may transmit a resource grant for the scheduled resources for LTE V2X transmission to the LTE component 506 of the UE at 509. ¶ [0071]. The LTE component 506 may communicate information on the LTE V2X transmission resources granted by the first base station 504 to the NR component 508 at 510. The UE 502 determines the resources for LTE V2X transmission); determine a second resource allocation used by a second module part of a second apparatus (e.g., NR V2X component fig. 5. Figs. 7-10. Where it is implicit that the NR component is capable of performing sidelink communications via NR and not capable of performing sidelink communications via LTE), not capable of performing sidelink communications via the first radio access technology and capable of performing sidelink communications via the second radio access technology (figs. 5, 7-10, ¶ [0073], The NR component may communicate information on the one-shot resources for NR V2X transmission to the LTE component at 520. In other words, the UE 502 determines resources for NR V2X); determine a resource allocation conflict based on the first resource allocation and the second resource allocation (figs. 5, 7-10, ¶ [0073], In one aspect, the NR component may communicate information on potential collisions between resources scheduled for NR V2X transmission and resources scheduled for LTE V2X transmission to the LTE component at 516. In one aspect, the NR component may detect actual collisions between NR V2X transmission and LTE V2X transmission and may communicate information on the actual collisions to the LTE component.); convert the first resource allocation into a converted first resource allocation compatible with the second radio access technology or the second resource allocation into a converted second resource allocation compatible with the first radio access technology; and send by the sidelink manager, the converted first resource allocation to the second module or the converted second resource allocation to the first module (fig. 5, 7-10, ¶ [0074], The LTE component 506 (of the UE 502) may forward the information on the resources for NR V2X transmission or information on potential or actual collisions to the first base/LTE station 504 at 524. In one aspect, the LTE component may perform the conversion at 526. The LTE component may transmit the converted information on the resources for NR V2X transmission to the base station 504/LTE at 528. The first base station 504 may determine if there are collisions between SPS resources for the LTE V2X transmission and the high priority resources for the NR V2X transmission, and may trigger reselection of the SPS resources for the LTE V2X transmission if there are collisions).
Regarding claims 12 and 15, Nguyen teaches a first apparatus (e.g., LTE base station 504 of fig. 5) comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor (figs. 11-13), cause the apparatus at least to: send, from a first module part of the first apparatus capable of performing sidelink communications via a first radio access technology to a sidelink manager and not capable of performing sidelink communications via a second radio access technology, a first resource allocation or first sensing results ( figs. 5-10, ¶ [0070], The LTE component of the first base station 504 may transmit a resource grant for the scheduled resources for LTE V2X transmission to the LTE component 506 of the UE at 509. Where it is implicit that the LTE component is capable of performing sidelink communications via LTE and not capable of performing sidelink communications via NR); receive, by the first module from the sidelink manager, a converted second resource allocation compatible with the first radio access technology (fig. 5, 7-10, ¶ [0074], the LTE component may perform the conversion at 526. The LTE component may transmit the converted information on the resources for NR V2X transmission to the base station 504/LTE at 528); and determine, by the first module, to adjust the first resource allocation based on the converted second resource allocation (fig. 5, 7-10, ¶ [0074], The first base station 504 may determine if there are collisions between SPS resources for the LTE V2X transmission and the high priority resources for the NR V2X transmission, and may trigger reselection of the SPS resources for the LTE V2X transmission if there are collisions.).
Regarding claims 2 and 17, Nguyen teaches the sidelink manager of claim 1, wherein the sidelink manager is a core network element; or wherein the sidelink manager is a user equipment capable of performing sidelink communications via the first radio access technology and capable of performing sidelink communications via the second radio access technology (e.g., UE 502 of fig. 5. Figs. 6-11. ¶ [0084]).
Regarding claims 5 and 18, Nguyen teaches the sidelink manager of claim 1, wherein the first resource allocation is received from the first module in first sidelink control information (figs. 5, 7-10, ¶ [0061], In the LTE V2X base station-assisted mode (e.g., LTE mode 3), an LTE base station such as an eNB may allocate resources for LTE V2X transmissions by the UE. [0071]. The LTE component 506 may communicate information on the LTE V2X transmission resources granted by the first base station 504 to the NR component 508 at 510); and/or first inter-user equipment coordination information or derived from sensing results from the first module and/or wherein the second resource allocation is received from the second module in second sidelink control information (figs. 5, 7-10, ¶ [0061], In the NR V2X base station-assisted mode (e.g., NR mode 1), an NR base station such as a gNB may allocate resources for NR V2X transmissions by the UE. ¶ [0073], The NR component may communicate information on the one-shot resources for NR V2X transmission to the LTE component at 520.). or second inter-user equipment coordination information or derived from sensing results from the second module
Regarding claims 6 and 19, Nguyen teaches the sidelink manager of claim 5, wherein the at least one processor and the at least one memory storing instructions that, when executed by the at least one processor, further cause the apparatus to: generate, by the sidelink manager, a first pseudo sidelink control information (figs. 5-11, ¶ [0074], the LTE component may perform the conversion at 526. The LTE component may transmit the converted information on the resources for NR V2X transmission to the base station 504 at 528) or a first pseudo inter-user equipment coordination information including the converted first resource allocation; or generate, by the sidelink manager, a second pseudo sidelink control information or a second pseudo inter-user equipment coordination information including the converted second resource allocation.
Regarding claim 9, Nguyen teaches the sidelink manager of claim 6, wherein the at least one processor and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to: send, by the sidelink manager, the first pseudo sidelink control information (figs. 5-11, ¶ [0074], the LTE component may perform the conversion at 526. The LTE component may transmit the converted information on the resources for NR V2X transmission to the base station 504 at 528) or the first pseudo inter-user equipment coordination information to the second module; or send, by the sidelink manager, the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information to the first module.
Regarding claim 11, Nguyen teaches the sidelink manager of claim 1, wherein at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: determine whether to convert the first resource allocation or the second resource allocation in response to determining the need to address the resource allocation conflict based on a priority between the first module and the second module (¶ [0092], The method improves performance of V2X transmission using two RATs coexisting on the UE by allocating or adjusting transmission resources for the V2X transmission using the RAT with a lower priority to avoid potential collisions between V2X transmission using the two RATs. ¶ [0064]-¶ [0066], ¶ [0095] ).
Regarding claims 13 and 16, Nguyen teaches thee first apparatus of claim 12, wherein the at least one processor and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to: adjust, by the first module, the first resource allocation based on the converted second resource allocation; and use, by the first module, the adjusted first resource allocation ((fig. 5, 7-10, ¶ [0074], The LTE component 506 (of the UE 502) may forward the information on the resources for NR V2X transmission or information on potential or actual collisions to the first base/LTE station 504 at 524. In one aspect, the LTE component may perform the conversion at 526. The LTE component may transmit the converted information on the resources for NR V2X transmission to the base station 504/LTE at 528. The first base station 504 may determine if there are collisions between SPS resources for the LTE V2X transmission and the high priority resources for the NR V2X transmission, and may trigger reselection of the SPS resources for the LTE V2X transmission if there are collisions).
Claim Rejections - 35 USC § 103
9. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
10. 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.
11. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
12. Claims 7, 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen in view of Nguyen et al. (US 2024/0397529 A1, hereinafter “Nguyen’29”).
Regarding claims 7 and 20, Nguyen teaches the sidelink manager of claim 6.
Nguyen does not explicitly teach wherein the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information does not comprise an indication that the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information originates from the apparatus; or wherein the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information does not comprise an indication that the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information originates from the apparatus.
Ngugyen’29 teaches wherein the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information does not comprise an indication that the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information originates from the apparatus; or wherein the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information does not comprise an indication that the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information originates from the apparatus (figs. 10A, 10B,¶ [0140], The potential types of inter-UE coordination information may include a source ID indicated by another UE's SCI for a resource reservation. As an example, the inter-UE coordination information may indicate a source ID for the UE 1008 for resource reservation information about 1028).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to not include an indication that the first/second pseudo sidelink control information or the first/second pseudo inter-user equipment coordination information originates from the apparatus in the system of Nguyen. The motivation for doing this is a matter of design choice.
Regarding claim 8, Nguyen teaches the sidelink manager of claim 6.
Nguyen does not explicitly teach wherein the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information comprises an indication that the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information originates from the apparatus rather than from another first module; or wherein the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information comprises an indication that the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information originates from the apparatus rather than from another second module.
Nguyen’29 teaches the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information comprises an indication that the first pseudo sidelink control information or the first pseudo inter-user equipment coordination information originates from the apparatus rather than from another first module; or wherein the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information comprises an indication that the second pseudo sidelink control information or the second pseudo inter-user equipment coordination information originates from the apparatus rather than from another second module ( figs. 11A, 11B, ¶ [0148], ¶ [0032], ¶ [0140], The periodic resource reservation may be for the UE 1002 or for a different UE, e.g., UE 1008 or 1012. ¶ [0143], ¶ [0188], The one or more types of inter-UE coordination information may include at least one of: a resource set type, a receiving UE identifier, a transmitting UE identifier, a resource reservation interval, a transmission priority level, a number of sub-channels, a length of time associated with a periodic resource, a resource selection window time, a source identifier of a reserving UE).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to include an indication that the first/second pseudo sidelink control information or the first/second pseudo inter-user equipment coordination information originates from the apparatus rather than from another first module in the system of Nguyen. The motivation for doing this is a matter of design choice.
.
13. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nguyen in view of Lee et al. (US 2025/0008549 A1, hereinafter “Lee”).
Regarding claim 10, Nguyen teaches the sidelink manager of claim 1,-comprising wherein the at least one processor and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to: determine, by the sidelink manager, a need to address the resource allocation conflict; convert, by the sidelink manager, the first resource allocation or the second resource allocation in response to determining the need to address the resource allocation conflict, as set forth above.
Nguyen does not explicitly teach determine, by the sidelink manager, a need to address the resource allocation conflict based on at least one of: a distance between receivers associated with the first module and the second module, an interference level experienced by receivers associated with the first module and the second module or a probability of retransmission at the first module and the second module; (¶ [0170], when a distance between the UE-B and the UE-C determined based on SCIs of the UE-B and UE-C is within a predetermined distance, the UE-A may predict a collision for the corresponding resource. As another method, various criteria for determining a resource collision may be predefined, and at least some of them may be configured to terminals through system information or UE-specific RRC signaling, and may be configured for each resource pool).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to determine, by the sidelink manager, a need to address the resource allocation conflict based on at least one of: a distance between receivers associated with the first module and the second module, an interference level experienced by receivers associated with the first module and the second module or a probability of retransmission at the first module and the second module in the system of Nguyen to utilize conventional techniques in the art.
Conclusion
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477