DETAILED ACTION
This office action is a response to the response to the election/restriction requirement filed on December 31, 2025.
Claims 1-20 are pending.
Claims 3-5, 7, 8, 10-12 and 14-15 and 17 are withdrawn from consideration.
Claims 1-2, 6, 9, 13, 16 and 18-20 are rejected.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in the Instant Application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 27, 2023 and November 27, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Election/Restrictions
Applicant's election with traverse of claim 3 Markush element III and Invention C Claims 1-2, 6, 9, 13, 16 and 18-20 in the reply filed on December 31, 2025 is acknowledged.
The traversal is on the ground(s) that Applicant respectfully submits that the restriction requirement is improper because the identified species and invention groups share a common technical core directed to coordinated data transmission for a plurality of terminals jointly receiving a same service under the control of a network side device.
The differences among Species I-IV relate to specific signaling or scheduling implementations within a unified communication architecture, rather than to independent or distinct inventions. The claims rely on overlapping disclosure, common terminology, and closely related signaling mechanisms, such that the search and examination of the claims would not impose a serious burden on the Examiner as contemplated by MPEP § 802.01.
Further, the Markush alternatives recited in Claim 3 represent closely related technical options that would reasonably be searched and examined together in view of the shared inventive concept, consistent with MPEP § 808.02. Accordingly, Applicant traverses the restriction requirement and respectfully preserves the right to petition should the restriction be maintained..
Examiner respectfully disagrees. This is not found persuasive because Inventions of A-D are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)).
In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because Group A is directed to timing advance including details of establishing a radio resource control (RRC) connection and elements of dedicated random access contention-free random access and contention based random access. Group B is directed to uplink information comprising at least one of control information of a physical layer, control information of a media access control (MAC) layer, or feedback information of a hybrid automatic repeat request (HARQ) and time-frequency resource positions. Group C is directed to resource scheduling information of each terminal in the first object is determined in any one of following manners: being indicated by the downlink information, being allocated by the primary terminal, and being negotiated by the first object, Group D is directed to semi-static scheduling.
The inventions as claimed have a materially different design, mode of operation, and/or function. Furthermore, the inventions as claimed do not encompass overlapping subject matter since each invention includes mutually exclusive subject matter not found in the other inventions as set forth above in the listing of inventions, and there is nothing of record to show them to be obvious variants.
Examiner notes the various separate embodiments detailed in Applicants specification.
Claims 1, 2, 9, 13 and 18-20 link inventions of Groups A-D. The restriction requirement between the linked inventions is subject to the nonallowance of the linking claim(s), Claims 1, 2, 9, 13 and 18-20. Upon the indication of allowability of the linking claim(s), the restriction requirement as to the linked inventions shall be withdrawn and any claim(s) depending from or otherwise requiring all the limitations of the allowable linking claim(s) will be rejoined and fully examined for patentability in accordance with 37 CFR 1.104 Claims that require all the limitations of an allowable linking claim will be entered as a matter of right if the amendment is presented prior to final rejection or allowance, whichever is earlier. Amendments submitted after final rejection are governed by 37 CFR 1.116; amendments submitted after allowance are governed by 37 CFR 1.312.
Applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, the allowable linking claim, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Where a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
The examiner has required restriction between combination and subcombination inventions. 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.
There is a search and/or examination burden for the patentably distinct species as set forth above because at least, the following reason(s) apply:
The inventions have acquired a separate status in the art in view of their different classification
The inventions have acquired a separate status in the art due to their recognized divergent subject matter
The inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
As noted above Examiner notes the invention of Invention A is drawn to an embodiment relating to timing advance including establishing a radio resource control (RRC) connection detailed in Applicants specification as Embodiment 1 (See Paragraph [0140-0147] of Applicants filed specification).
Invention B is drawn to sending uplink information of the first network side device comprising sending by the primary terminal at a first time frequency resource position uplink information detailed in Applicants specification as Embodiment 2 (See Paragraph [0148-0157] of Applicants filed specification).
Invention C is drawn to resource scheduling information of each terminal in the first object is determined in any one of following manners: being indicated by the downlink information, being allocated by the primary terminal, and being negotiated by the first object detailed in Applicants specification as Embodiment 3 as dynamic resource scheduling (See Paragraph [0158-0159] of Applicants filed specification).
Invention D is drawn to the case that the downlink information comprises resource scheduling information and that the resource scheduling information is semi-static resource scheduling information detailed in Applicants specification as an embodiment relating to semi-static resource scheduling (See Paragraph [0078-0083] of Applicants filed specification).
These inventions although related in combination subcombination require a different field of search, employing different search strategies or search queries as well as different classification additionally involving divergent subject matter.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 6, 9, 13, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baghel et al. U.S. Patent Application Publication 2018/0324848, hereinafter Baghel, in view of Fehrenbach et al. U.S. Patent Application Publication 2020/0092685, hereinafter Fehrenbach.
Regarding Claim 1, Baghel discloses a data transmission method, comprising: performing, by a primary terminal, a first operation (Abstract; Figure 3,4 , 6-10 and 11-14; Paragraph [0034-0042]), wherein the first operation comprises at least one of:
receiving downlink information that is of a first object and that is sent by a network side device (Paragraph [0061-0069] PDCCH and downlink control information received from a base station including a first object in which the relay termina (primary terminal) decodes the downlink information obtains a grant and passes the grant onto remote UEs (Q terminals));
wherein the first object comprises some or all of Q terminals, the Q terminals support jointly receiving data of a first service, the primary terminal is a primary terminal in the Q terminals, and Q is an integer greater than 1 (Paragraph [0061-0069] the base station 462 may provide a single RNTI for each remote UE 466 that is connected with relay UE 464, or may provide a bulk RNTI for all remote UEs 466 connected with the relay UE 464; Further, for each remote UE identifier, there may be an index assigned to each remote UE. Based on the index, the relay UE 464 may determine the remote UE identifier for which the grant is allocated; That is the base station allocates and grants resources to a plurality of Q terminals including the primary terminal (Relay UE) and other terminals (remote UEs) which support jointly receiving data from network services).
Baghel readily discloses the independent claim and discloses relaying data between a network side device and secondary terminals but may not explicitly disclose the optional limitation of sending uplink information of the first object to the network side device.
However, Fehrenbach in the same field of endeavor more specifically teaches the optional limitation of sending uplink information of the first object to the network side device (Figure 5, 8 and 17; Paragraph [0003, 0017-0052] a base station for a cellular network may be configured to communicate with one or more User Equipments—UEs—of a UE Group, wherein the base station has a first mode in which the base station coordinates the communication with the one or more UEs of the UE Group, and a second mode in which the base station is configured to appoint a predetermined UE for coordinating the communication within the UE Group. In the next step a scheduling decision is made by the base station 1 that is communicated via a downlink control channel (e.g. PDCCH) assigning resources. For V2X services resources on the uplink might be assigned, for V2V services to other moving UEs PC5-resources might be assigned; the UE may become a Group Manager UE which manages the UE Group and the communication of the members (UEs) within its UE Group. Said members of the UE-Group may on the other hand be referred to as Group-Member-User-Equipments, or Member-UEs; The UE of this aspect may serve as a Relay-UE that relays said predetermined data from the eNB to one or more of the Group Member UEs (downlink), or to relay said predetermined data from one or more of the Group Member UEs to the eNB (uplink). Said predetermined data may, for instance, be portions of the configuration data, any further control information and/or user data. In the uplink scenario, the Relay-UE may receive control data and/or user data from one or more Group Member UEs via its second interface (e.g. side link). The Relay-UE may relay said data to the eNB via its first interface (e.g. Uu link)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Baghel with the teachings of Fehrenbach. Fehrenbach provides a solution to reduce signaling overhead where a UE reduces resource consumption for transmission, and minimizes reception time and power consumption for the receiving UEs. The UE maintains backward and forward compatibility with standards (Fehrenbach Abstract; Paragraph [0002-0008 and 0020-0026]).
Regarding Claim 2, Baghel in view of Fehrenbach disclose the method according to Claim 1. Baghel in view of Fehrenbach further discloses wherein the Q terminals comprise at least one secondary terminal, and the method further comprises: performing, by the primary terminal, a second operation, wherein the second operation comprises at least one of: after receiving first downlink information of a first terminal, sending the first downlink information to the first terminal, wherein the first terminal is any secondary terminal in the first object (Baghel Paragraph [0057-0069] Uplink grant information; Fehrenbach Paragraph [0017-0052] The UE of this aspect may serve as a Relay-UE that relays said predetermined data from the eNB to one or more of the Group Member UEs (downlink), or to relay said predetermined data from one or more of the Group Member UEs to the eNB (uplink). Said predetermined data may, for instance, be portions of the configuration data, any further control information and/or user data).;
or before sending first uplink information of a second terminal, receiving the first uplink information sent by the second terminal, wherein the second terminal is any secondary terminal in the first object (Baghel Paragraph [0057-0069] Uplink grant information; Fehrenbach Paragraph [0017-0052] The UE of this aspect may serve as a Relay-UE that relays said predetermined data from the eNB to one or more of the Group Member UEs (downlink), or to relay said predetermined data from one or more of the Group Member UEs to the eNB (uplink). Said predetermined data may, for instance, be portions of the configuration data, any further control information and/or user data).
Regarding Claim 6, Baghel in view of Fehrenbach disclose the method according to Claim 1. Baghel in view of Fehrenbach further discloses wherein resource scheduling information of each terminal in the first object is determined in any one of following manners: being indicated by the downlink information, being allocated by the primary terminal, and being negotiated by the first object (Baghel Paragraph [0066] D2D communication may include two modes of resource allocation for sidelink communication: (i) UE autonomous, and (ii) eNB-based (e.g., base station 462). In the case of UE autonomous resource allocation, the eNB may set aside resource pools to be used for sidelink communication and the UE may autonomously (e.g., randomly and/or based on distributed sensing based MAC) select the resources within the pool for transmissions. In the case of eNB-based resource allocation, the UE requests the eNB for a resource and the eNB grants the resources to the UE. For out-of-coverage sidelink operations, resource selection may always be UE autonomous; Fehrenbach Paragraph [0719] The Group Manager 11 might either provide the UE resources of a pre-assigned pool for grant-free uplink access or might forward the scheduling request to the base station 13 (out-band via uplink PUCCH or in-band via a Buffer Status Report in a MAC Control Element) that in response assigns new uplink resources that are relayed from the base station 13 to the UE 12 via the Group Manager 11. Therefore, in this invention a resource assignment from the Group Manager 11 to the Group Member UE 12 via the sidelink control channel will assign resources (previously already granted in the downlink by the base station 13) on the uplink shared channel.).
Regarding Claim 9, Baghel discloses a data transmission method, comprising: performing, by a secondary terminal, a third operation (Abstract; Figure 3,4 , 6-10 and 11-14; Paragraph [0034-0042]), wherein the third operation comprises at least one of:
receiving downlink information of the secondary terminal from a second object (Paragraph [0061-0069] PDCCH and downlink control information received from a base station including a second object in which the relay termina (primary terminal) decodes the downlink information obtains a grant and passes the grant onto remote UEs (Q terminals));
wherein the second object is a network side device or a primary terminal in Q terminals, the Q terminals support jointly receiving data of a first service, the secondary terminal is any secondary terminal in the Q terminals, and Q is an integer greater than 1 (Paragraph [0061-0069] the base station 462 may provide a single RNTI for each remote UE 466 that is connected with relay UE 464, or may provide a bulk RNTI for all remote UEs 466 connected with the relay UE 464; Further, for each remote UE identifier, there may be an index assigned to each remote UE. Based on the index, the relay UE 464 may determine the remote UE identifier for which the grant is allocated; That is the base station allocates and grants resources to a plurality of Q terminals including the primary terminal (Relay UE) and other terminals (remote UEs) which support jointly receiving data from network services).
Baghel readily discloses the independent claim and discloses relaying data between a network side device and secondary terminals but may not explicitly disclose the optional limitation sending uplink information of the secondary terminal to the second object.
However, Fehrenbach in the same field of endeavor more specifically teaches the optional limitation sending uplink information of the secondary terminal to the second object (Figure 5, 8 and 17; Paragraph [0003, 0017-0052] a base station for a cellular network may be configured to communicate with one or more User Equipments—UEs—of a UE Group, wherein the base station has a first mode in which the base station coordinates the communication with the one or more UEs of the UE Group, and a second mode in which the base station is configured to appoint a predetermined UE for coordinating the communication within the UE Group. In the next step a scheduling decision is made by the base station 1 that is communicated via a downlink control channel (e.g. PDCCH) assigning resources. For V2X services resources on the uplink might be assigned, for V2V services to other moving UEs PC5-resources might be assigned; the UE may become a Group Manager UE which manages the UE Group and the communication of the members (UEs) within its UE Group. Said members of the UE-Group may on the other hand be referred to as Group-Member-User-Equipments, or Member-UEs; The UE of this aspect may serve as a Relay-UE that relays said predetermined data from the eNB to one or more of the Group Member UEs (downlink), or to relay said predetermined data from one or more of the Group Member UEs to the eNB (uplink). Said predetermined data may, for instance, be portions of the configuration data, any further control information and/or user data. In the uplink scenario, the Relay-UE may receive control data and/or user data from one or more Group Member UEs via its second interface (e.g. side link). The Relay-UE may relay said data to the eNB via its first interface (e.g. Uu link)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Baghel with the teachings of Fehrenbach. Fehrenbach provides a solution to reduce signaling overhead where a UE reduces resource consumption for transmission, and minimizes reception time and power consumption for the receiving UEs. The UE maintains backward and forward compatibility with standards (Fehrenbach Abstract; Paragraph [0002-0008 and 0020-0026]).
Regarding Claim 13, a data transmission method, comprising: performing, by a network side device, a fourth operation (Abstract; Figure 3,4 , 6-10 and 11-14; Paragraph [0034-0042]), wherein the fourth operation comprises at least one of:
sending downlink information of a fourth object to a third object (Paragraph [0061-0069] PDCCH and downlink control information received from a base station including a fourth object in which the relay terminal (primary terminal) decodes the downlink information obtains a grant and passes the grant onto remote UEs (Q terminals));
wherein the third object comprises a primary terminal in Q terminals, the Q terminals support jointly receiving data of a first service, the fourth object comprises some or all of the Q terminals, and Q is an integer greater than 1 (Paragraph [0061-0069] the base station 462 may provide a single RNTI for each remote UE 466 that is connected with relay UE 464, or may provide a bulk RNTI for all remote UEs 466 connected with the relay UE 464; Further, for each remote UE identifier, there may be an index assigned to each remote UE. Based on the index, the relay UE 464 may determine the remote UE identifier for which the grant is allocated; That is the base station allocates and grants resources to a plurality of Q terminals including the primary terminal (Relay UE) and other terminals (remote UEs) which support jointly receiving data from network services).
Baghel readily discloses the independent claim and discloses relaying data between a network side device and secondary terminals but may not explicitly disclose the optional limitation receiving uplink information that is of the fourth object and that is sent by the third object.
However, Fehrenbach in the same field of endeavor more specifically teaches the optional limitation receiving uplink information that is of the fourth object and that is sent by the third object (Figure 5, 8 and 17; Paragraph [0003, 0017-0052] a base station for a cellular network may be configured to communicate with one or more User Equipments—UEs—of a UE Group, wherein the base station has a first mode in which the base station coordinates the communication with the one or more UEs of the UE Group, and a second mode in which the base station is configured to appoint a predetermined UE for coordinating the communication within the UE Group. In the next step a scheduling decision is made by the base station 1 that is communicated via a downlink control channel (e.g. PDCCH) assigning resources. For V2X services resources on the uplink might be assigned, for V2V services to other moving UEs PC5-resources might be assigned; the UE may become a Group Manager UE which manages the UE Group and the communication of the members (UEs) within its UE Group. Said members of the UE-Group may on the other hand be referred to as Group-Member-User-Equipments, or Member-UEs; The UE of this aspect may serve as a Relay-UE that relays said predetermined data from the eNB to one or more of the Group Member UEs (downlink), or to relay said predetermined data from one or more of the Group Member UEs to the eNB (uplink). Said predetermined data may, for instance, be portions of the configuration data, any further control information and/or user data. In the uplink scenario, the Relay-UE may receive control data and/or user data from one or more Group Member UEs via its second interface (e.g. side link). The Relay-UE may relay said data to the eNB via its first interface (e.g. Uu link)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Baghel with the teachings of Fehrenbach. Fehrenbach provides a solution to reduce signaling overhead where a UE reduces resource consumption for transmission, and minimizes reception time and power consumption for the receiving UEs. The UE maintains backward and forward compatibility with standards (Fehrenbach Abstract; Paragraph [0002-0008 and 0020-0026]).
Regarding Claim 16, Baghel in view of Fehrenbach disclose the method according to Claim 13. Baghel in view of Fehrenbach further discloses wherein in a case that the third object is the primary terminal, the receiving uplink information that is of the fourth object and that is sent by the third object comprises any one of: receiving, by the network side device at a second time-frequency resource position, uplink information that is of the fourth object and that is sent by the primary terminal, wherein the second time-frequency resource position corresponds to the fourth object (Baghel Paragraph [0057-0069] The relay UE 464 may receive the one or more RNTIs, which may include an RNTI of the relay UE 464 and an RNTI of the remote UE 466. The UE 464 may perform scheduling of resources for the remote UE 466 based on the base stations 462 command. Specifically, for the RNTI of the UE relay 464, the relay UE 464 may decode the physical downlink control channel (PDCCH) to determine whether there a downlink and/or uplink grant has been allocated by the base station 462. Similarly, for the RNTI of the remote UE 466, the relay UE 464 may decode the PDCCH to determine whether a grant of sidelink resources has been allocated for the remote UE 466. Based on determining that a grant of sidelink resources has been provided for the remote UE 466, the relay UE 464 may forward the grant or associated RNTI to the remote UE 466 to facilitate bi-directional communication on the sidelink; Fehrenbach Paragraph [0017-0052] The UE of this aspect may serve as a Relay-UE that relays said predetermined data from the eNB to one or more of the Group Member UEs (downlink), or to relay said predetermined data from one or more of the Group Member UEs to the eNB (uplink). Said predetermined data may, for instance, be portions of the configuration data, any further control information and/or user data));
and receiving, by the network side device, second information sent by the primary terminal, wherein the second information comprises at least one piece of uplink information as well as identifier information of a terminal corresponding to the at least one piece of uplink information (Baghel Paragraph [0057-0069] Uplink grant information; Fehrenbach Paragraph [0017-0052] The UE of this aspect may serve as a Relay-UE that relays said predetermined data from the eNB to one or more of the Group Member UEs (downlink), or to relay said predetermined data from one or more of the Group Member UEs to the eNB (uplink). Said predetermined data may, for instance, be portions of the configuration data, any further control information and/or user data).
Regarding Claim 18, Baghel in view of Fehrenbach disclose the method according to Claim 1. Baghel in view of Fehrenbach further discloses a communication device, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or the instructions are executed by the processor, steps of the data transmission method according to claim 1 are implemented (Baghel Figure 3 and 11-14; Fehrenbach Paragraph [0889-0901]).
Regarding Claim 19, Baghel in view of Fehrenbach disclose the method according to Claim 9. Baghel in view of Fehrenbach further discloses a communication device, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or the instructions are executed by the processor, steps of the data transmission method according to claim 9 are implemented (Baghel Figure 3 and 11-14; Fehrenbach Paragraph [0889-0901]).
Regarding Claim 20, Baghel in view of Fehrenbach disclose the method according to Claim 13. Baghel in view of Fehrenbach further discloses a communication device, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or the instructions are executed by the processor, steps of the data transmission method according to claim 13 are implemented (Baghel Figure 3 and 11-14; Fehrenbach Paragraph [0889-0901]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Luo et al. U.S. Patent Application Publication 2018/0054804 – Resource Processing Method and Device
Su et al. U.S. Patent Application Publication 2021/0127396 – Method for Transmitting Physical Channels, User Equipment Therefor, Method and User Equipment for Relay Transmission
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IVAN O. LATORRE
Primary Examiner
Art Unit 2409
/IVAN O LATORRE/Primary Examiner, Art Unit 2409