DETAILED ACTION
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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “access manner” in claim(s) 1-20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
112(a) Analysis
Claims 1-20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
112(b) Analysis
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.
Claim limitation “access manner” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The Specification is contradictory regarding what steps an “access manner” comprises and the metes and bounds of the claim term is rendered indefinite by this ambiguity. The Specification at [0055] teaches that “the access manner may be referred to as a channel access manner,” which examiner interprets as some undefined type of channel access procedure. [0058] further teaches that “the first access manner may be understood as Cat 1 LBT or Cat 2 LBT.” It is unclear whether the claimed “target access manner” is Cat 1 LBT or Cat 2 LBT, or whether it is some other type of channel access procedure. This is further confused by the preceding paragraph [0056] which teaches that “the target access manner of the first terminal is a Cat 1 LBT, Cat 2 LBT, or Cat 4 LBT-based channel access manner” which examiner interprets as a comprising but not being analogous to a Cat 1, Cat 2, or Cat 4 LBT procedure. The Specification, and these highlighted paragraphs specifically, are unclear as to what steps the “access manner” comprises, and whether a Cat 1 LBT (for example) completely reads on “access manner” or only reads on a portion of “access manner.” Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 8, 13-14 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (US 2022/0338175 A1).
The instant invention is interpreted in light of Liu Fig. 7 and Fig. 11, recreated below, which teaches a UE configured to perform a listen-before-talk (LBT) channel access procedure in sidelink and subsequently transmitting HARQ feedback based on the success or failure of the channel access procedure.
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Regarding Claim 1, Liu teaches the below limitation(s):
A channel access method for sidelink feedback information, comprising:
determining, by a first terminal, a target access manner (Liu Fig 7 block 702 transmitting, to a transmitter UE, a DCI allocating resources in an unlicensed frequency band for multiple PSSCH transmission across multiple TTIs; Fig. 11 block 1122 performing a LBT channel access procedure in the indicated TTIs, which examiner is interpreting as target access manner); and
executing, by the first terminal, a channel access procedure of first feedback information according to the target access manner (Fig 7 block 704 receiving, from the transmitter UE, HARQ feedback for the one or more PSSCH transmissions; see also Fig. 11 block 1124 and Fig 12 block 1222).
Regarding Claim 2, Liu teaches the limitation(s) of Claim 1.
Liu further teaches the below limitation(s):
Liu further teaches the below limitation(s):
wherein the target access manner is determined based on at least one of the following:
N access manners, wherein N is a positive integer (Liu [0062] LBT channel access procedures comprises a plurality of forms (i.e. manners), for example CAT2 LBT (e.g. Type 2 channel access procedures as specified in 3GPP), CAT4 LBT (e.g. Type 1 channel access procedures as specified in 3GPP), which is interpreted as being stipulated in a protocol by 3GPP), and the N access manners are determined through at least one of the following: being stipulated in a protocol, being configured by a network side device, being preconfigured by a network side device, being indicated by a network side device, being configured by a terminal, and being indicated by a terminal; a first association relationship between an access manner and a first object (Fig 7 block 702, wherein the access manner is configured and indicated by a network side device (e.g. a base station); see also [0062] wherein 3GPP protocol stipulates the criteria for Type 1 and Type 2 channel access procedure(s)),
wherein the first object comprises at least one of a resource, a format, and a sequence of a physical sidelink feedback channel (PSFCH) ([0052] PSFCH may be used to carry sidelink feedback related to data transmissions between two or more UEs);
a second association relationship between an access manner and a second object, wherein the second object comprises at least one of feedback information, content carried in a multiplexed physical sidelink shared channel (PSSCH), and a subcarrier spacing (SCS) (alternative limitation not required to be taught);
a third association relationship between an access manner and a third object, wherein the third object comprises at least one of quality of service of feedback information, a priority of feedback information, quality of service of a PSSCH corresponding to feedback information, a priority of a PSSCH corresponding to feedback information, a quantity of candidate resources of feedback information, a quantity of remaining candidate resources of feedback information, and a resource number of a candidate resource of feedback information (Fig 11 block 1124 UE outputs one or more PSSCHs in one or more of the TTIs being indicates as passing the LBT channel access procedure based on the performance); and
a channel access manner of second feedback information (alternative limitation not required to be taught).
Regarding Claim 8, Liu teaches the limitation(s) of Claim 1.
determining, by the first terminal, at least one of a format, a resource mapping manner, and a resource selection manner of the first feedback information according to a first mapping relationship between an access manner and feedback information (Liu [0062] LBT channel access procedures comprisesCAT2 LBT (e.g. Type 2 channel access procedures as specified in 3GPP) and CAT4 LBT (e.g. Type 1 channel access procedures as specified in 3GPP), which is interpreted as being at least one of a format; Fig 11 block 1124 UE transmits one or more PDDSCH in one or more of the TTIs being indicated as passing the LBT based on performance, which is interpreted as determining the format; alternatively Fig. 3 and [0047] teaches an exemplary frame format for sidelink communication in NR);
wherein the first mapping relationship meets at least one of the following:
in a case that the target access manner is a second category or third category LBT access manner, the format of the first feedback information is a first format (Fig 11 block 1122 UE comprises circuitry for performing a listen-before-talk (LBT) channel access procedure in the TTIs);
… (alternative limitation(s) not required to be taught).
Regarding Claim 13, Liu teaches the below limitation(s):
A terminal, comprising a memory, a processor, and a program that is stored in the memory and that can be run on the processor (Liu Fig 11 UE 1102 comprising processor 1104 and/or memory 1112 and/or Fig 12 UE 1202 comprising processor 1204 and memory 1212), wherein the program, when executed by the processor, causes the processor to perform:
determining a target access manner (Fig 7 block 702 transmitting, to a transmitter UE, a DCI allocating resources in an unlicensed frequency band for multiple PSSCH transmission across multiple TTIs; Fig. 11 block 1122 performing a LBT channel access procedure in the indicated TTIs, which examiner is interpreting as target access manner); and
executing a channel access procedure of first feedback information according to the target access manner (Fig 7 block 704 receiving, from the transmitter UE, HARQ feedback for the one or more PSSCH transmissions; see also Fig. 11 block 1124 and Fig 12 block 1222).
Regarding Claim 14, Liu teaches the limitation(s) of Claim 13.
Liu further teaches the below limitation(s):
wherein the target access manner is determined based on at least one of the following:
N access manners, wherein N is a positive integer (Liu [0062] LBT channel access procedures comprises a plurality of forms (i.e. manners), for example CAT2 LBT (e.g. Type 2 channel access procedures as specified in 3GPP), CAT4 LBT (e.g. Type 1 channel access procedures as specified in 3GPP), which is interpreted as being stipulated in a protocol by 3GPP), and the N access manners are determined through at least one of the following: being stipulated in a protocol, being configured by a network side device, being preconfigured by a network side device, being indicated by a network side device, being configured by the terminal, and being indicated by the terminal (Fig 7 block 702, wherein the access manner is configured and indicated by a network side device (e.g. a base station); see also [0062] wherein 3GPP protocol stipulates the criteria for Type 1 and Type 2 channel access procedure(s));
a first association relationship between an access manner and a first object, wherein the first object comprises at least one of a resource, a format, and a sequence of a physical sidelink feedback channel (PSFCH) ([0052] PSFCH may be used to carry sidelink feedback related to data transmissions between two or more UEs);
a second association relationship between an access manner and a second object, wherein the second object comprises at least one of feedback information, content carried in a multiplexed physical sidelink shared channel (PSSCH), and a subcarrier spacing (SCS) (alternative limitation not required to be taught);
a third association relationship between an access manner and a third object, wherein the third object comprises at least one of quality of service of feedback information, a priority of feedback information, quality of service of a PSSCH corresponding to feedback information, a priority of a PSSCH corresponding to feedback information, a quantity of candidate resources of feedback information, a quantity of remaining candidate resources of feedback information, and a resource number of a candidate resource of feedback information (Fig 11 block 1124 UE outputs one or more PSSCHs in one or more of the TTIs being indicates as passing the LBT channel access procedure based on the performance); and
a channel access manner of second feedback information (alternative limitation not required to be taught).
Regarding Claim 20, Liu teaches the below limitation(s):
A non-transient readable storage medium, wherein a program or an instruction is stored on the non-transient readable storage medium (Liu Fig 11 UE 1102 comprising processor 1104 and/or memory 1112 and/or Fig 12 UE 1202 comprising processor 1204 and memory 1212), wherein the program or the instruction, when executed by a processor, causes the processor to perform:
determining a target access manner (Fig 7 block 702 transmitting, to a transmitter UE, a DCI allocating resources in an unlicensed frequency band for multiple PSSCH transmission across multiple TTIs; Fig. 11 block 1122 performing a LBT channel access procedure in the indicated TTIs, which examiner is interpreting as target access manner); and
executing a channel access procedure of first feedback information according to the target access manner (Fig 7 block 704 receiving, from the transmitter UE, HARQ feedback for the one or more PSSCH transmissions; see also Fig. 11 block 1124 and Fig 12 block 1222).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Panteleev (US 2021/0127364 A1) is directed to the same field of invention of performing a channel access procedure and transmitting sidelink feedback on the access channel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412