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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 8/10/26 have been fully considered but they are not persuasive.
Applicant states: Third, the claim does not recite a mental process. The rejection characterizes the claim broadly as determining slots and selecting a resource. That characterization, however, does not account for the claim as a whole or for the technical context expressly required by the claim. Amended claim 1 is not directed merely to identifying information or making an abstract selection. It requires, among other things, determining target selected slots for an F-th resource reservation period, where F is greater than 1; determining corresponding target sensing slots; excluding candidate radio resources based on non-monitored slots and/or actual sensing results in those target sensing slots; selecting a replacement radio resource from the resulting candidate resource set; and performing sidelink data transmission to another terminal device through the selected replacement resource. These operations depend upon radio-resource timing, sensing of sidelink transmissions, identification and exclusion of candidate radio resources, and actual transmission of sidelink data through a selected radio resource. Such operations are carried out by wireless communication circuitry operating within a sidelink communication system and cannot, as a practical matter, be performed in the human mind or with pen and paper. In particular, a human mind cannot sense radio resources in target sensing slots, determine a candidate set based on non-monitored radio slots and/or received sensing results, or perform sidelink data transmission through a selected radio resource. Therefore, amended independent claim 1 does not recite an abstract idea under any of the enumerated groupings identified in MPEP § 2106.04(a) and is patent eligible under Step 2A, Prong 1.
Examiner states: Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e.,” These operations depend upon radio-resource timing, sensing of sidelink transmissions, identification and exclusion of candidate radio resources, and actual transmission of sidelink data through a selected radio resource. Such operations are carried out by wireless communication circuitry operating within a sidelink communication system”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). As provided below, the claims merely perform a selection of a slot of a resource and performs a reselection. These acts are interpreted as a mental concept. Limitations directed to obtaining and transmission are interpreted as mere gathering data where the courts have identified mere data gathering is well-understood, routine and conventional activity. Examiner maintains the 101 rejection.
Applicant states: Specifically, Applicant's Specification explains that, in Sidelink (SL) communication, a terminal device may select transmission resources for SL transmission in mode B and may perform resource selection within a resource pool using sensing to avoid resource collisions. Partial sensing has been proposed to reduce power consumption. The Specification further explains that NR SL supports re-evaluation and pre-emption mechanisms, but that it was not definite how a terminal device should perform the pre-emption mechanism or re-evaluation mechanism in conjunction with partial sensing. See Specification at paras. [0003] and [0081]- [0088].
The claimed limitations therefore operate together to provide a specific radio-resource reselection procedure for a later resource reservation period. The claimed procedure connects previously selected slots, target selected slots, target sensing slots, resource exclusion, replacement-resource selection, and actual sidelink transmission. This is not merely the collection or manipulation of information. It is a concrete use of sensing information and radio-resource timing to control which physical radio resource the terminal device uses to transmit sidelink data to another terminal device. The recited sidelink transmission is also not insignificant post-solution activity. It is the technological purpose and operative result of the claimed resource-reselection procedure. The candidate resources are evaluated and a replacement resource is selected specifically so that the terminal device can perform sidelink data transmission through the selected second resource while reducing the likelihood of collision in a later resource reservation period. Accordingly, amended claim 1 applies any alleged abstract idea in a specific technological manner that improves resource reselection and collision avoidance in sidelink communication. When considered as a whole, amended claim 1 therefore integrates any alleged abstract idea into a practical application and satisfies Step 2A, Prong 2.
Examiner states: Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e.,” in Sidelink (SL) communication, a terminal device may select transmission resources for SL transmission in mode B and may perform resource selection within a resource pool using sensing to avoid resource collisions. Partial sensing has been proposed to reduce power consumption. The Specification further explains that NR SL supports re-evaluation and pre-emption mechanisms, but that it was not definite how a terminal device should perform the pre-emption mechanism or re-evaluation mechanism in conjunction with partial sensing”, “sensing information and radio-resource timing to control which physical radio resource the terminal device uses to transmit sidelink data to another terminal device”, “The candidate resources are evaluated and a replacement resource is selected specifically so that the terminal device can perform sidelink data transmission through the selected second resource while reducing the likelihood of collision in a later resource reservation period”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The further limitations do not appear to add significantly more to the abstract idea. Therefore, Examiner maintains the 101 rejection.
Applicant states: This ordered combination is specifically directed to the operation of a sidelink wireless communication system. It does not merely use a processor to automate a result that could otherwise be achieved mentally. The claimed limitations require the terminal device to interact with and control physical radio resources over multiple resource reservation periods, respond to sensing and non-monitoring conditions, select a replacement transmission resource, and transmit sidelink data through that resource. The Office Action characterizes the claimed "obtaining" operation as mere data gathering. The claim, however, does not recite obtaining information for its own sake. Rather, the candidate resource set is generated by excluding particular radio resources according to non-monitored slots and/or sensing results in the target sensing slots. The resulting candidate resource set is then used to select a replacement radio resource, and the terminal device performs sidelink data transmission through that selected replacement resource. Thus, the recited determining, obtaining, excluding, selecting, and transmitting operations form an interrelated radio-resource control process, rather than an incidental collection or storage of data.
Examiner states: Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e.,”the terminal device to interact with and control physical radio resources over multiple resource reservation periods”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Furthermore, the limitation of performing data tranmistion of the selected second resource is mere data gathering. The second resource is merely selected based on a mental step of reselection. The reselection does not appear to incorporate any other limitations that would improve the functioning of a computer. Therefore, for these reasons, Examiner maintains the 101 rejection.
Applicant states: In particular, amended claim 1 recites: "determining target selected slots and target sensing slots, wherein the target selected slots are determined according to first selected slots, and the first selected slots comprise selected slots determined by the terminal device for initial resource selection or initial resource reselection or resource selection or resource reselection".
Examiner states: As written, Yoshioka teaches the limitation via the following: “determining target selected slots and target sensing slots, wherein the target selected slots are determined according to first selected slots, and the first selected slots comprise selected slots determined by the terminal device for initial resource selection or initial resource reselection or resource selection or resource reselection [0100] FIG. 14 is a drawing illustrating an example of a sensing operation in NR. In the resource allocation mode 2, the terminal 20 selects a resource and performs transmission. As illustrated in FIG. 14, the terminal 20 performs sensing in a sensing window in a resource pool. According to the sensing. the terminal 20 receives a resource reservation field or a resource assignment field included in an SCI transmitted from another terminal 20, and identifies available resource candidates in a resource selection window in the resource pool, based on the received field. Subsequently, the terminal 20 randomly selects a resource from the available resource candidates.” Therefore, Yoshioka meets the limitations of the claim.
Applicant states: Therefore, Yoshioka does not teach or suggest "wherein the target selected slots are selected slots determined for the F-th period after initial resource selection or initial resource reselection or resource selection or resource reselection, F being greater than 1, and the period is a resource reservation period of the terminal device" recited in claim 1, or as correspondingly recited in claim 14.
Examiner states: Examiner respectfully disagrees. As written, Yoshioka teaches that initial resource selection may be based upon a periodic sensing of available resources that occur in the future (i.e. F > 1) of initial selection of the resource set. Yoshioka teaches "wherein the target selected slots are selected slots determined for the F-th period after initial resource selection or initial resource reselection or resource selection or resource reselection, F being greater than 1, and the period is a resource reservation period of the terminal device ([0112] FIG. 17 is an example in which subframes from subframe t.sub.0.sup.SL to subframe t.sub.Tmax−1.sup.SL are configured as a resource pool. The resource pool may have a target area configured by a bitmap, for example. As shown in FIG. 17, the transmission trigger at the terminal 20 is assumed to occur in subframe n. As shown in FIG. 17, among the subframes from subframe n+T.sub.1 to subframe n+T.sub.2 (i.e. F >1), Y subframes from subframe t.sub.y1.sup.SL to subframe t.sub.yY.sup.SL may be configured as the resource selection window. [0117] That is, resources that are not excluded because the RSRP is less than the threshold value may be increased by raising the threshold value Th.sub.pTX, pRX and by performing the resource identification again. In addition, the RSSI of each resource in the S.sub.A may be measured and the resource with the lowest RSSI may be added to the set S.sub.B. The operation of adding the resource with the lowest RSSI included in the S.sub.A to the S.sub.B may be repeated until the set S.sub.B of resource candidates becomes equal to or greater than 20% of the resource selection window. [0118] The lower layer of the terminal 20 may report the S.sub.B to the higher layer. The higher layer of the terminal 20 may perform random selection for the S.sub.B to determine a resource to be used. The terminal 20 may perform sidelink transmission using the determined resource. Note that the terminal 20 may use the resource periodically without performing the sensing for a predetermined number of times (e.g., C.sub.resel times) after the resource is once secured.).” Further arguments directed to the dependent claims have been addressed above. See new mapping below to the independent claims.
Claim Rejections - 35 USC § 112
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.
Claims 1, 14 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 pre-AIA the applicant regards as the invention.
Claims 1, 14 recite “the period is a resource….” and is unclear because no prior usage of “period” occurs prior. It is unclear if period is to be interpreted as a first introduction or the “F-th period”.
Claims 1, 14 recite “F being greater than 1”. This limitation is unclear if F is referencing F-th period. For the purposes of examination, the limitation will be interpreted as the “F-th period is greater than 1”. Appropriate correction required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5, 8-18, 21, 22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Regarding independent claims the limitations determine slots, selects a resource, determing a period after resource selection, as drafted, recites functions that, under its broadest reasonable interpretation, covers a function that could reasonably be performed in the mind, including with the aid of pen and paper, but for the recitation of generic computer components. That is, the limitations as cited above as drafted, are functions that, under its broadest reasonable interpretation, recite the abstract idea of a mental process.
Thus, these limitation falls within the “Mental Processes” grouping of abstract ideas under Prong 1.
Under Prong 2, this judicial exception is not integrated into a practical application. The claim recites the following additional limitations: memory, processor, and a device. The additional elements are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer, and/or mere computer components, MPEP 2106.05(f). Steps of transmission, obtaining, do nothing more than add insignificant extra solution activity to the judicial exception of merely gathering data. Accordingly, the additional elements do not integrate the recited judicial exception into a practical application, and the claim is therefore directed to the judicial exception. See MPEP 2106.05(g) (Ex. v. Consulting and updating an activity log, Ultramercial, 772 F.3d at 715, 112 USPQ2d at 1754).
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of memory, processor, and a device, amount to no more than mere instructions, or generic computer/computer components to carry out the exception. Furthermore, the limitations directed to transmission, obtaining the courts have identified mere data gathering is well-understood, routine and conventional activity. See MPEP 2106.05(d) (Ex. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;).
The recitation of generic computer instruction and computer components to apply the judicial exception, and mere data gathering do not amount to significantly more, thus, cannot provide an inventive concept. Accordingly, the claims are not patent eligible under 35 USC 101.
Regarding claims 2-12, 15-20, 22 the limitations of determining, details of determining, details regarding the selection of slots, details of reservation periods, minimum values of variables, performing exclusion, determining to perform reselection, are functions that can be reasonably performed in the human mind, thus, additional mental process defined in the claims. The claim does not include any additional element, thus, no limitation that needs to be analyzed under prong 2 for practical application, or under step 2B for significantly more.
Regarding claim 13 the limitations of obtaining information, the resource being indicated by a device, are nothing more than insignificant extra solution activity which is not a practical application under prong 2. Under step 2B, the courts of identified the generic function of gathering/storing data, the results of the judicial exception, is well-understood, routine and conventional activity. See MPEP 2106.05(d) - i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information). Details of determining, are functions that can be reasonably performed in the human mind, thus, additional mental process defined in the claims.
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.
Claim/s 1-5, 8-18, 21, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshioka (Pub. No. US 2024/0205884) in view of Knauerhase (Pub. No. US 2006/0143617).
Claim 1, 14, Yoshioka teaches “a resource reselection method, wherein the method is performed by a terminal device, and the method comprises: determining target selected slots and target sensing slots, wherein the target selected slots are determined according to first selected slots, and the first selected slots comprise selected slots determined by the terminal device for initial resource selection or initial resource reselection or resource selection or resource reselection ([Fig. 16] sensing window and resource selection window as target sensing slots and target selected slots respectively [0227, 0229] processor, memory [0100] FIG. 14 is a drawing illustrating an example of a sensing operation in NR. In the resource allocation mode 2, the terminal 20 selects a resource and performs transmission. As illustrated in FIG. 14, the terminal 20 performs sensing in a sensing window in a resource pool. According to the sensing. the terminal 20 receives a resource reservation field or a resource assignment field included in an SCI transmitted from another terminal 20, and identifies available resource candidates in a resource selection window in the resource pool, based on the received field. Subsequently, the terminal 20 randomly selects a resource from the available resource candidates.); obtaining a candidate resource set by performing resource exclusion on candidate candidate resources in the target selected slots according to an non-monitored slots and/or sensing result in the target sensing slots ([Fig. 16] resources excluded [0115] In a case where an SCI is detected in the above sensing target and the RSRP exceeds the threshold value, the resource in the resource selection window corresponding to the resource reservation field of the SCI is excluded.); and in a case where it is determined to perform reselection for a first resource that has been selected by the terminal device, selecting a second resource from the candidate resource set for replacement of the first resource ([0107] Subsequently, the terminal 20 identifies each resource in the resource selection window, based on the sensing result, determines a set S.sub.A of resource candidates, and selects a resource to be used for transmission (S502). Subsequently, the terminal 20 selects a resource set (r_0, r_1, . . . ) for determining preemption from the set S.sub.A of resource candidates (S503)…. [0109] In step S505, in a case where the preemption is determined in step S504, the terminal 20 indicates, to the higher layer, the preemption, reselects resources at the higher layer, and ends the preemption check. [0110] Note that, in a case where re-evaluation is performed instead of the preemption check, in step S504, after determining the set S.sub.A of resource candidates, in a case where the S.sub.A does not include resources of the resource set (r_0, r_1, . . .), the resource is not used and the resource reselection is performed at the upper layer.) performing sidelink data transmission with another terminal device by the terminal device through the selected second resource ([0211] According to an embodiment of the present invention, in a case where information related to the inter-terminal coordination is received from another terminal 20, the terminal 20 can perform selection or reselection of a resource, based on the information. In addition, in a case where information related to the inter-terminal coordination is received from another terminal 20, the terminal 20 can determine whether to retransmit the transmitted transport block, based on the information [0110] Note that, in a case where re-evaluation is performed instead of the preemption check, in step S504, after determining the set S.sub.A of resource candidates, in a case where the S.sub.A does not include resources of the resource set (r_0, r_1, . . . ), the resource is not used and the resource reselection is performed at the upper layer. [0111] FIG. 17 is a drawing illustrating an example of a partial sensing operation in LTE. In a case where the partial sensing is configured by the upper layer in the LTE sidelink, the terminal 20 selects resources and perform transmission as shown in FIG. 17.); wherein the target selected slots are selected slots determined for the F-th period after initial resource selection or initial resource reselection or resource selection or resource reselection, F being greater than 1, and the period is a resource reservation period of the terminal device ([0112] FIG. 17 is an example in which subframes from subframe t.sub.0.sup.SL to subframe t.sub.Tmax−1.sup.SL are configured as a resource pool. The resource pool may have a target area configured by a bitmap, for example. As shown in FIG. 17, the transmission trigger at the terminal 20 is assumed to occur in subframe n. As shown in FIG. 17, among the subframes from subframe n+T.sub.1 to subframe n+T.sub.2 (i.e. F >1), Y subframes from subframe t.sub.y1.sup.SL to subframe t.sub.yY.sup.SL may be configured as the resource selection window. [0117] That is, resources that are not excluded because the RSRP is less than the threshold value may be increased by raising the threshold value Th.sub.pTX, pRX and by performing the resource identification again. In addition, the RSSI of each resource in the S.sub.A may be measured and the resource with the lowest RSSI may be added to the set S.sub.B. The operation of adding the resource with the lowest RSSI included in the S.sub.A to the S.sub.B may be repeated until the set S.sub.B of resource candidates becomes equal to or greater than 20% of the resource selection window. [0118] The lower layer of the terminal 20 may report the S.sub.B to the higher layer. The higher layer of the terminal 20 may perform random selection for the S.sub.B to determine a resource to be used. The terminal 20 may perform sidelink transmission using the determined resource. Note that the terminal 20 may use the resource periodically without performing the sensing for a predetermined number of times (e.g., C.sub.resel times) after the resource is once secured.)”.
However, Yoshioka may not explicitly teach the reselected resource is a replacement.
Knauerhase teaches a reselected resource is a replacement such that teaches “selecting a second resource from the candidate resource set for replacement of the first resource ([0027] If there are sufficient resources, the resource allocation module may allocate those resources in 303 to the client making the request. If, however, there are not sufficient resources, in 304, the resource allocation module may determine based on its configuration whether to negotiate with the client in 304. If the resource allocation module is not configured to negotiate, it may reject the client's request in 305 and inform the client that it has insufficient resources to service the client's needs. If, however, the resource allocation module is configured to negotiate with the client, in 306, the resource allocation module may propose an alternate resource allocation to the client (i.e., different than the resource originally requested because the host does not have sufficient or identical resources to fulfill the request). The alternate resource allocation may include a subset or scaled back set of resources and/or substitution resources (e.g., resources that are functionally equivalent or similar, but not identical). If the client rejects the proposed resources in 307, then the process ends in 305. The client may thereafter reissue its request to an alternative host. [0028] If, however, the client agrees to the alternative resources proposed by the resource allocation module, the module may allocate the resources to the client in 303.)”.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Knauerhase with the teachings of Yoshioka in order to provide a system that teaches a reselected resource of Yoshioka is an alternative. The motivation for applying Yoshioka teaching with Knauerhase teaching is to provide a system that allows for allocation of resources. Yoshioka, Knauerhase are analogous art directed towards resource allocation. Together Yoshioka, Knauerhase teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Knauerhase with the teachings of Yoshioka by known methods and gained expected results.
Claim 2, 15, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 1, wherein the target selected slots satisfy at least one of the following conditions: the target selected slots comprise at least M slots, wherein M is greater than or equal to D, and D is configured by a network, is preconfigured, is specified by a standard, or depends on an implementation of the terminal device; the target selected slots are determined according to second selected slots, wherein the second selected slots comprises a comprise selected slots determined by the terminal device for a previous period; and the target selected slots are determined according to third selected slots, wherein the third selected slots comprises a comprise selected slots determined by the terminal device for a first period, and the first period is the last period in which the terminal device determined selected slots ([0108] In step S504, at the timing of T(r_0)−T.sub.3 shown in FIG. 16,the terminal 20 identifies again each resource in the resource selection window, based on the sensing result to determine the set S.sub.A of resource candidates, and further determines preemption for the resource set (r_0, r_1, . . . ), based on the priority. For example, with respect to the r_1 illustrated in FIG. 16 is not included in the S.sub.A because the SCI transmitted from the another terminal 20 is detected by re-sensing. In a case where the preemption is enabled, in a case where the value prio_RX indicating the priority of the SCI transmitted from the another terminal 20 is lower than the value prio_TX indicating the priority of the transport block to be transmitted from the terminal 20 itself, the terminal 20 determines that the resource r_1 has been preempted. [Fig. 16] selected slots based upon sensing slots identified)”.
Claim 3, 16 the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 2, wherein: the target selected slots are determined by adding the first selected slots and W times the period; or the target selected slots comprise at least slots determined by adding the first selected slots and W times the period; wherein W is a positive integer ([0113] The terminal 20 can detect, for example, that another terminal 20 is performing transmission in one or more sensing targets from subframe t.sub.y1−k×Pstep.sup.SL to subframe t.sub.yY−k×Pstep.sup.SL, the length of which being Y subframes. The k may be determined by a 10-bit bitmap, for example. FIG. 17 shows an example in which the third and sixth bits of the bitmap are configured to “1” indicating that the partial sensing is to be performed. That is, in FIG. 17, subframes from subframe t.sub.y1−6×Pstep.sup.SL to subframe t.sub.yY−6×Pstep.sup.SL, and subframes from subframe t.sub.y1−3×Pstep.sup.SL to subframe t.sub.yY−3×Pstep.sup.SL are configured as the sensing targets. As described above, the k-th bit of the bitmap may correspond to a sensing window from subframe t.sub.yl−k×Pstep.sup.SL to subframe t.sub.yY−k×Pstep.sup.SL. Note that y.sub.i corresponds to the index (1 . . . Y) in the Y subframes.)”.
Claim 4, 17, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 2, wherein: the target selected slots are determined by adding the second selected slots and the period; or the target selected slots comprise at least the slots determined by adding the second selected slots and the period ([0112] FIG. 17 is an example in which subframes from subframe t.sub.0.sup.SL to subframe t.sub.Tmax−1.sup.SL are configured as a resource pool. The resource pool may have a target area configured by a bitmap, for example. As shown in FIG. 17, the transmission trigger at the terminal 20 is assumed to occur in subframe n. As shown in FIG. 17, among the subframes from subframe n+T.sub.1 to subframe n+T.sub.2, Y subframes from subframe t.sub.y1.sup.SL to subframe t.sub.yY.sup.SL may be configured as the resource selection window.)”.
Claim 5, 18, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 2, wherein: the target selected slots are determined by adding the third selected slots and H times the period; or the target selected slots comprise at least slots determined by adding the third selected slots and H times the period; wherein H is a positive integer ([0113] The terminal 20 can detect, for example, that another terminal 20 is performing transmission in one or more sensing targets from subframe t.sub.y1−k×Pstep.sup.SL to subframe t.sub.yY−k×Pstep.sup.SL, the length of which being Y subframes. The k may be determined by a 10-bit bitmap, for example. FIG. 17 shows an example in which the third and sixth bits of the bitmap are configured to “1” indicating that the partial sensing is to be performed. That is, in FIG. 17, subframes from subframe t.sub.y1−6×Pstep.sup.SL to subframe t.sub.yY−6×Pstep.sup.SL, and subframes from subframe t.sub.y1−3×Pstep.sup.SL to subframe t.sub.yY−3×Pstep.sup.SL are configured as the sensing targets. As described above, the k-th bit of the bitmap may correspond to a sensing window from subframe t.sub.yl−k×Pstep.sup.SL to subframe t.sub.yY−k×Pstep.sup.SL. Note that y.sub.i corresponds to the index (1 . . . Y) in the Y subframes.)”.
Claim 8, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 1, wherein the target sensing slots comprise at least one of the following: at least one sensing slot determined based on the target selected slots and at least one resource reservation period; wherein the at least one resource reservation period comprises all or a part of resource reservation periods in a resource reservation period set used by the terminal device; and at least one sensing slot from a second slot to a first slot determined based on the first slot in the target selected slots; wherein the second slot is located before the first slot ([0108] In step S504, at the timing of T(r_0)−T.sub.3 shown in FIG. 16,the terminal 20 identifies again each resource in the resource selection window, based on the sensing result to determine the set S.sub.A of resource candidates, and further determines preemption for the resource set (r_0, r_1, . . . ), based on the priority. For example, with respect to the r_1 illustrated in FIG. 16 is not included in the S.sub.A because the SCI transmitted from the another terminal 20 is detected by re-sensing. [Fig. 16])”.
Claim 9, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 8, wherein, for a slot S in the target selected slots, the sensing slot determined based on the slot S and the at least one resource reservation period is slot S-R*Ps, Ps is the at least one resource reservation period, and R is a positive integer ([Fig. 17; 0112] FIG. 17 is an example in which subframes from subframe t.sub.0.sup.SL to subframe t.sub.Tmax−1.sup.SL are configured as a resource pool. The resource pool may have a target area configured by a bitmap, for example. As shown in FIG. 17, the transmission trigger at the terminal 20 is assumed to occur in subframe n. As shown in FIG. 17, among the subframes from subframe n+T.sub.1 to subframe n+T.sub.2, Y subframes from subframe t.sub.y1.sup.SL to subframe t.sub.yY.sup.SL may be configured as the resource selection window.)”.
Claim 10, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 9, wherein: different resource reservation periods correspond to the same value of R; or there are at least two different resource reservation periods corresponding to different values of R ([Fig. 17; 0112] FIG. 17 is an example in which subframes from subframe t.sub.0.sup.SL to subframe t.sub.Tmax−1.sup.SL are configured as a resource pool. The resource pool may have a target area configured by a bitmap, for example. As shown in FIG. 17, the transmission trigger at the terminal 20 is assumed to occur in subframe n. As shown in FIG. 17, among the subframes from subframe n+T.sub.1 to subframe n+T.sub.2, Y subframes from subframe t.sub.y1.sup.SL to subframe t.sub.yY.sup.SL may be configured as the resource selection window.)”.
Claim 11, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 9, wherein R is a minimum value that makes the sensing slot to be before a reference time point, the reference time point is determined according to a slot T, and the slot T is a slot with an earliest time domain position in the target selected slots ([Fig. 17; 0112] FIG. 17 is an example in which subframes from subframe t.sub.0.sup.SL to subframe t.sub.Tmax−1.sup.SL are configured as a resource pool. The resource pool may have a target area configured by a bitmap, for example. As shown in FIG. 17, the transmission trigger at the terminal 20 is assumed to occur in subframe n. As shown in FIG. 17, among the subframes from subframe n+T.sub.1 to subframe n+T.sub.2, Y subframes from subframe t.sub.y1.sup.SL to subframe t.sub.yY.sup.SL may be configured as the resource selection window.)”.
Claim 12, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 9, wherein there is a target resource selection period in the at least one resource reservation period, and the target resource selection period corresponds to multiple values of R ([Fig. 17; 0112] FIG. 17 is an example in which subframes from subframe t.sub.0.sup.SL to subframe t.sub.Tmax−1.sup.SL are configured as a resource pool. The resource pool may have a target area configured by a bitmap, for example. As shown in FIG. 17, the transmission trigger at the terminal 20 is assumed to occur in subframe n. As shown in FIG. 17, among the subframes from subframe n+T.sub.1 to subframe n+T.sub.2, Y subframes from subframe t.sub.y1.sup.SL to subframe t.sub.yY.sup.SL may be configured as the resource selection window.)”.
Claim 13, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 1, further comprising: determining a resource selection window and a resource sensing window; wherein the obtaining the candidate resource set by performing resource exclusion on the candidate resources in the target selected slots according to the non-monitored slots and/or sensing result in the target sensing slots comprises: obtaining the candidate resource set by performing exclusion on the candidate resources in a second time duration based on the non-monitored and/or sensing results in a first duration (i.e. is similar to claim 1 and therefore rejected with the same reference and citations); wherein the duration time period is an intersection of the resource sensing window and the target sensing slots, and the second duration is an intersection of the resource selection window and the target selected slots ([0113] The terminal 20 can detect, for example, that another terminal 20 is performing transmission in one or more sensing targets from subframe t.sub.y1−k×Pstep.sup.SL to subframe t.sub.yY−k×Pstep.sup.SL, the length of which being Y subframes. The k may be determined by a 10-bit bitmap, for example. FIG. 17 shows an example in which the third and sixth bits of the bitmap are configured to “1” indicating that the partial sensing is to be performed. That is, in FIG. 17, subframes from subframe t.sub.y1−6×Pstep.sup.SL to subframe t.sub.yY−6×Pstep.sup.SL, and subframes from subframe t.sub.y1−3×Pstep.sup.SL to subframe t.sub.yY−3×Pstep.sup.SL are configured as the sensing targets. As described above, the k-th bit of the bitmap may correspond to a sensing window from subframe t.sub.yl−k×Pstep.sup.SL to subframe t.sub.yY−k×Pstep.sup.SL. Note that y.sub.i corresponds to the index (1 . . . Y) in the Y subframes.)”.
Claim 21, the combination teaches the claim, wherein Yoshioka “the method according to claim 1, wherein the first resource is a resource that has been indicated by the terminal device ([0107] Subsequently, the terminal 20 identifies each resource in the resource selection window, based on the sensing result, determines a set S.sub.A of resource candidates, and selects a resource to be used for transmission (S502). Subsequently, the terminal 20 selects a resource set (r_0, r_1, . . . ) for determining preemption from the set S.sub.A of resource candidates (S503)…., or the first resource is a resource that has not been indicated by the terminal device”.
Claim 22, the combination teaches the claim, wherein Yoshioka teaches “the method according to claim 1, wherein after obtaining the candidate resource set by performing exclusion on the candidate resources in the target selected slots according to the non-monitored slots and/or sensing result in the target sensing slots ([Fig. 16] resources excluded [0115] In a case where an SCI is detected in the above sensing target and the RSRP exceeds the threshold value, the resource in the resource selection window corresponding to the resource reservation field of the SCI is excluded.);, the method further comprises: in a case where the first resource is not in the candidate resource set, determining to perform reselection for the first resource ([0107] Subsequently, the terminal 20 identifies each resource in the resource selection window, based on the sensing result, determines a set S.sub.A of resource candidates, and selects a resource to be used for transmission (S502). Subsequently, the terminal 20 selects a resource set (r_0, r_1, . . . ) for determining preemption from the set S.sub.A of resource candidates (S503)…. [0109] In step S505, in a case where the preemption is determined in step S504, the terminal 20 indicates, to the higher layer, the preemption, reselects resources at the higher layer, and ends the preemption check.)”.
Claim/s 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshioka, Knauerhase in further view of Dutta (Pub. No. US 2021/0329501).
Claim 23, the combination may be silent regarding the limitation.
Dutta teaches “the method according to claim 22, wherein in a case where the first resource is not in the candidate resource set, determining to perform reselection for the first resource comprises: in a case where the terminal device supports Re-evaluation mechanism and the first resource is not in the candidate resource set, determining to perform reselection for the first resource ([0076] A part of the computational load for resource reevaluation is due to the determination of an RSRP threshold to use in determining the candidate set of resources. As discussed above, the UE may exclude resources reserved by another UE in a signal that is received having an RSRP above a threshold. In some examples, the RSRP threshold may be based on the amount of available resources. For example, if the amount of available resources is below a threshold (e.g., below 20%) within a selection window, the UE may use an increased RSRP threshold so that the UE is more likely to be able to reuse reserved resources. Similarly, the UE may decrease the RSRP when there is a larger amount of available resources, e.g., to minimize the chance of possible collision.), or in a case where the terminal device supports Pre-emption mechanism, the first resource is not in the candidate resource set and the first resource meets predetermines conditions, determining to perform reselection for the first resource, wherein the predetermines conditions comprises: a resource indicated in first sidelink control information that is sensed overlaps with the first resource; a signal quality of a Physical Sidelink Control Channel, PSCCH, corresponding to the sensed first sidelink control information or a signal quality of a Physical Sidelink Shared Channel, PSSCH, scheduled by the PSCCH is greater than a threshold; and a priority carried in the first sidelink control information that is sensed is higher than a priority of data to be sent by the terminal device, or the priority carried in the first sidelink control information that is sensed is higher than the priority of the data to be sent by the terminal device and is higher than a threshold value”.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Dutta with the teachings of Yoshioka, Knauerhase in order to provide a system that teaches reselecting resources. The motivation for applying Dutta teaching with Knauerhase, Yoshioka teaching is to provide a system that allows for allocation of resources. Yoshioka, Knauerhase, Dutta are analogous art directed towards resource allocation. Together Yoshioka, Knauerhase, Dutta teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Dutta with the teachings of Yoshioka, Knauerhase by known methods and gained expected results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYNUEL S AQUINO whose telephone number is (571)272-7478. The examiner can normally be reached 9AM-5PM EST M-F.
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/WYNUEL S AQUINO/Primary Examiner, Art Unit 2199
