DETAILED ACTION
The following is a non-final office action in response to applicant’s amendment filed on 03/04/2026 for response of the office action (Notice of Allowance <NOA>) mailed on 12/04/2025. Claim 10 (objected earlier) was cancelled. Claims 13-20 appears to be cancelled (See claim objection below). Therefore, claims 1-9 and 11-12 are pending and addressed below.
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 Objections
Claims 13-20 are objected to because of the following informalities:
Claims 13-20, should be marked as “(Cancelled)”. For the prosecution of the application, examiner interprets that claims 13-20 are cancelled. If the applicant disagrees, please submit those claims <13-20> in the next phase of the prosecution, by clearly mentioning the status of those claims as “New”, will be addressed accordingly.
Appropriate correction is required.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/04/2026 has been entered.
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.
In 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 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6-8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Vinay Kumar Shrivastava (2021/0297842), Shrivastava hereinafter, in view of Song et al. (2016/0366645), Song hereinafter.
Re. Claims 1 and 11 , Shrivastava teaches a method of wireless communication (Fig.11 & ¶0024 - a method for enabling side link relay discovery in device to device (D2D) communication, the method comprises steps of receiving, by a relay User Equipment (UE), a DRX configuration request from a remote User Equipment (UE) over a PC-5 link, determining, by the relay UE, an optimal DRX configuration for the remote UE, and sending, by the relay UE, the DRX configuration to the remote UE over the PC5 link. Fig.11 & ¶0026 - Relay UE determines optimal DRX configuration based on at least one of… alignment for DRX configuration used by the Remote UE and the Relay UE, services and their corresponding scheduling information, providing same DRX config as its own or a sub-set of it based on service needs), and an apparatus (Fig. 13/ Fig. 11, 1102/1104) configured for wireless communication (Fig.11), the apparatus comprising: at least one processor (Fig. 13, 1302); and a memory (Fig. 11-13 & ¶0083/¶0101) coupled to the at least one processor, wherein the memory stores instructions (Fig. 11-13 & ¶0083/¶0101) which, when executed by the processor, cause the processor to: transmit, from a first user equipment (UE) (Fig. 11, 1102) to a second UE (Fig. 11, 1104), a first discontinuous reception (DRX) preference at the first UE (¶0024 - a method for enabling side link relay discovery in device to device (D2D) communication, the method comprises steps of receiving, by a relay User Equipment (UE), a DRX configuration request from a remote User Equipment (UE) over a PC-5 link….. Fig. 11 & ¶0095 - at step 1108, the Remote UE 1102 transmits its current state (Idle, Connected, Out of Coverage or OOC) and unicast DRX configurations for connected state over the PC-5 link to the Relay UE 1104 and requests it to provide the Sidelink DRX configurations based on the parameters shared with the Relay UE 1104 thus far. Please note that the DRX configuration request as sent by the remote UE to the relay UE, is based on the QOS requirement to be met by the remote UE, as because, the inventive concept of the instant application is, to ensure End-to-End QoS for service (see ¶0082) i.e. between the network and the remote UE via the Relay UE. Moreover, the optimal DRX configuration as determined by the relay UE, is also, depends on the QoS and latency requirements of the Remote UE (see ¶0096/¶0098), in other words, DRX Configuration Request as sent by the first UE (Remote UE), contains a desired preference to meet QOS <quality of service> between the remote UE and Network (eNB) via the relay UE, quite a contrast to applicant’s remarks at least in pages 8-9 as submitted on 06/09/2025.); receive, at the first UE from the second UE, an indication of a DRX cycle to be used by the first UE and the second UE (Fig. 11 & ¶0096 - At step 1110, the Relay UE 1104 determines optimal DRX configuration based on multiple approaches. Fig. 11 & ¶0097 - Alignment of DRX configurations used in both Remote UE 1102 and Relay UE 1104. Fig. 11 & ¶0099 - Providing same DRX configurations as its own or a subset of it based on service and scheduling needs. Fig. 11 & ¶0100 - Further, at step 1112, the relay UE 1104 sends the DRX configuration to remote UE 1102 over PC5 link and makes sure for no transmission during DRX period. Remote UE 1102 applies both Unicast and side-link DRX configuration to determine active period in conn mode.); and
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Yet, Shrivastava does not expressly teach communicate, at the first UE, with the second UE according to the DRX cycle.
However, in the analogous art, Song explicitly discloses initiate transmission, from the first UE to the second UE, of an indicator of a confirmed DRX cycle. (Fig. 12 & ¶0110 - a DUE1 1210 transmits (1216) a DRX configuration request to a DUE2 1212 to transmit a DRX parameter. Fig. 12 & ¶0111 - the DRX configuration procedure is finally completed (1220) on the basis of a parameter negotiation process 1218 from the DUE2 1212.).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Shrivastava’s invention of a system and a method for discovering user equipment over sidelink in device to device (D2D) communication to include Song’s invention of a system and a method for reducing the power of a device in a wireless communication system supporting direct device to device (D2D) communication, because it provides an efficient mechanism in reducing power consumption for a paired user devices participating in D2D communication by enabling discontinued reception (DRX) feature tailored for device to device (D2D) communication, in turns, improves radio resource efficiency of wireless mobile communication network, serving the paired user devices. (¶0002-¶0007/¶0073, Song)
Re. Claims 2 and 12, Shrivastava and Song teach claims 1 and 11.
Shrivastava futher teaches wherein the communicating with the second UE uses a unicast connection between the first UE and the second UE, and wherein receiving the indication of the DRX cycle comprises receiving parameters used to setup the unicast connection. (Fig. 11 & ¶0095 - at step 1108, the Remote UE 1102 transmits its current state (Idle, Connected, Out Of Coverage or OOC) and unicast DRX configurations for connected state over the PC-5 link to the Relay UE 1104 and requests it to provide the Sidelink DRX configurations based on the parameters shared with the Relay UE 1104 thus far. Fig. 11 & ¶0096 - At step 1110, the Relay UE 1104 determines optimal DRX configuration based on multiple approaches. Fig. 11 & ¶0097 - Alignment of DRX configurations used in both Remote UE 1102 and Relay UE 1104. Fig. 11 & ¶0099 - Providing same DRX configurations as its own or a subset of it based on service and scheduling needs. Fig. 11 & ¶0100 - Further, at step 1112, the relay UE 1104 sends the DRX configuration to remote UE 1102 over PC5 link and makes sure for no transmission during DRX period. Remote UE 1102 applies both Unicast and side-link DRX configuration to determine active period in conn mode).
Re. Claim 3, Shrivastava and Song teach claim 1.
Shrivastava futher teaches wherein the transmitting the first DRX preference and receiving the indication of the DRX cycle are performed via sidelink communication between the first UE and the second UE. (See Fig. 11 <¶0094-¶0100>, step 1108 and step 1112 between remote UE 1102 and Relay UE 1104 are performed over PC-5 link (i.e., Sidelink)).
Re. Claim 4, Shrivastava and Song teach claim 1.
Shrivastava further teaches wherein the first DRX preference indicates a preferred DRX alignment. (¶0024 - a method for enabling side link relay discovery in device to device (D2D) communication, the method comprises steps of receiving, by a relay User Equipment (UE), a DRX configuration request from a remote User Equipment (UE) over a PC-5 link….. Fig. 11 & ¶0095 - at step 1108, the Remote UE 1102 transmits its current state (Idle, Connected, Out of Coverage or OOC) and unicast DRX configurations for connected state over the PC-5 link to the Relay UE 1104 and requests it to provide the Sidelink DRX configurations based on the parameters shared with the Relay UE 1104 thus far).
Re. Claim 6, Shrivastava and Song teach claim 1.
Shrivastava further teaches the transmitting the first DRX preference includes transmitting a first radio resource control (RRC) message that includes the first DRX preference (Fig. 11 & ¶0095 - at step 1108, the Remote UE 1102 transmits its current state (Idle, Connected, Out Of Coverage or OOC) and unicast DRX configurations for connected state over the PC-5 link to the Relay UE 1104 and requests it to provide the Sidelink DRX configurations based on the parameters shared with the Relay UE 1104 thus far. Please note that, PC-5/RRC signaling messages includes UE capability information (e.g., DRX configuration) between remote UE and relay UE in sidelink (D2D) communication (unicast services), hence, the aforesaid request is interpreted as RRC request/first RRC message); and the receiving the DRX cycle includes receiving a second RRC message that includes the indication of the DRX cycle. (Fig. 11 & ¶0100 - Further, at step 1112, the relay UE 1104 sends the DRX configuration to remote UE 1102 over PC5 link and makes sure for no transmission during DRX period. Remote UE 1102 applies both Unicast and side-link DRX configuration to determine active period in conn mode. Examiner interprets the optimal DRX configuration as a second DRX preference as determined by the second UE (i.e., relay UE, 1104) based on the alignment of DRX configuration used both in first UE (i.e., remote UE, 1102) and second UE (i.e., relay UE, 1104). As explained supra, PC-5/RRC signaling messages includes UE capability information (e.g., DRX configuration) between remote UE and relay UE in sidelink (D2D) communication (unicast services) exchanged between remote UE and relay UE as a part of feedback the relay UE to remote UE based on the request in 1108, hence, the aforesaid PC-5 message (1112)/RRC as occurred in PC5 link is interpreted as RRC setup message/second RRC message).
Re. Claim 7, Shrivastava and Song teach claim 6.
Shrivastava further teaches wherein: the first RRC message includes an RRC request; (Fig. 11 & ¶0095 - at step 1108, the Remote UE 1102 transmits its current state (Idle, Connected, Out Of Coverage or OOC) and unicast DRX configurations for connected state over the PC-5 link to the Relay UE 1104 and requests it to provide the Sidelink DRX configurations based on the parameters shared with the Relay UE 1104 thus far. Please note that, PC-5/RRC signaling messages includes UE capability information (e.g., DRX configuration) between remote UE and relay UE in sidelink (D2D) communication (unicast services), hence, the aforesaid request is interpreted as RRC request/first RRC message); and the second RRC message includes an RRC setup message. (Fig. 11 & ¶0100 - Further, at step 1112, the relay UE 1104 sends the DRX configuration to remote UE 1102 over PC5 link and makes sure for no transmission during DRX period. Remote UE 1102 applies both Unicast and side-link DRX configuration to determine active period in conn mode. Examiner interprets the optimal DRX configuration as a second DRX preference as determined by the second UE (i.e., relay UE, 1104) based on the alignment of DRX configuration used both in first UE (i.e., remote UE, 1102) and second UE (i.e., relay UE, 1104). As explained supra, PC-5/RRC signaling messages includes UE capability information (e.g., DRX configuration) between remote UE and relay UE in sidelink (D2D) communication (unicast services) exchanged between remote UE and relay UE as a part of feedback the relay UE to remote UE based on the request in 1108, hence, the aforesaid PC-5 message (1112)/RRC as occurred in PC5 link is interpreted as RRC setup message/second RRC message).
Re. Claim 8, Shrivastava and Song teach claim 6.
Shrivastava further teaches wherein the first RRC message includes a radio resource control (RRC) connection request or an RRC reconfiguration request. (¶0024 - a method for enabling side link relay discovery in device to device (D2D) communication, the method comprises steps of receiving, by a relay User Equipment (UE), a DRX configuration request from a remote User Equipment (UE) over a PC-5 link, determining, by the relay UE, an optimal DRX configuration for the remote UE, and sending, by the relay UE, the DRX configuration to the remote UE over the PC5 link. Fig. 11 & ¶0095 - at step 1108, the Remote UE 1102 transmits its current state (Idle, Connected, Out Of Coverage or OOC) and unicast DRX configurations for connected state over the PC-5 link to the Relay UE 1104 and requests it to provide the Sidelink DRX configurations based on the parameters shared with the Relay UE 1104 thus far. Please note that, PC-5/RRC signaling messages includes UE capability information (e.g., DRX configuration) between remote UE and relay UE in sidelink (D2D) communication (unicast services), hence, the aforesaid request is interpreted as RRC request. Examiner interprets that only one of the claimed features to be mapped because of the presence of “of”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shrivastava, in view of Song, further in view of Jha et al. (2015/0245295), Jha hereinafter.
Re. Claim 5, Shrivastava and Song teach claim 4.
Yet, Shrivastava and Song do not expressly teach wherein the DRX cycle is selected to overlap at least partially with the preferred DRX alignment.
However, in the analogous art, Jha explicitly discloses wherein the DRX cycle is selected to overlap at least partially with the preferred DRX alignment. (Fig. 7 & ¶0071 - diagram 700 showing the DRX configuration alignment with Discovery Resource Allocation for ProSe Capable UEs. Fig. 7 & ¶0078 - ProSe capable UEs 104 (e.g., UE1 and UE2) can optimize the DRX configuration to maximize the UE power savings. For example, ProSe capable UEs 104 may define very large long DRX cycles between DODs (discovery opportunity duration) …discovery specific DRX configuration for this period can have large long DRX cycles, where these long DRX cycles and Discovery resource periodicity are integer multiples of each other. Fig. 4B /Fig. 7 & ¶0132 - an apparatus is provided means for configuring, for a UE, a DRX configuration such that a DRX ON duration overlaps with a DOD (discovery opportunity duration) . … the apparatus comprises means for determining whether the UE is capable of receiving and transmitting data at substantially the same time or receiving data at two different frequencies at the same time. Fig. 4B /Fig. 7 & ¶0133 - apparatus comprises means for aligning an end of a Long DRX cycle with a start of the DOD starting point…..the apparatus comprises establishing Long DRX cycle and discovery periodicity to be integer multiples of each other. In some embodiments, the apparatus comprises means for adjusting an offset associated with start of a DRX cycle. …the apparatus comprises means for receiving, from the UE, a preference for being configured with discovery specific DRX….the preference is received by one of: RRC message IE, or MAC CE. Also, see 1303-1308 along with Fig. 13).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Shrivastava’s invention of a system and a method for discovering user equipment over sidelink in device to device (D2D) communication and Song’s invention of a system and a method for reducing the power of a device in a wireless communication system supporting direct device to device (D2D) communication to include Jha’s invention of a system and a method for optimizing and aligning discontinuous reception configuration of device-to-device capable user equipment, because it provides an efficient mechanism in optimizing discontinuous reception configuration of device-to-device capable user equipment in determining an optimum requirements of latency and power savings of device-to-device capable user equipment. (¶0001-¶0003, Jha)
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The Examiner has conducted a search of Patent and Non-Patent Literature and was unable to find any prior art which solely or in combination with another reference teaches the limitation of:
Claim 9 – transmitting, from the first UE to a third UE, a third DRX preference at the first UE; receiving, at the first UE from the third UE, a denial of setup; and terminating a unicast messaging process between the first UE and the third UE.
Response to Arguments
Applicant's arguments filed on 03/04/2026 have been fully considered but they are not persuasive.
The office action is being mailed in response to applicant’s amendment filed on 03/04/2026 for response of the office action (Notice of Allowance <NOA>) mailed on 12/04/2025. Claim 10 (objected earlier) was cancelled. For independent claims 1 and 11, the applicant removed the limitation of objected claim 10 (cancelled earlier) and submitted claims 1-9 and 11-12 along with a RCE on 03/04/2026. However, the applicant forgot to mention the status of claims 13-20 <see claim objections>, applicant is requested to clearly mention the status of those claims in the next phase of the prosecution. For the prosecution of the application, examiner interprets that claims 13-20 are cancelled. Therefore, claims 1-9 and 11-12 are being examined at this stage of the prosecution.
For these reasons, it is maintained that independent claim 1 is unpatentable over Shrivastava, in view of Song.
For similar reasons, it is maintained that independent claim 11 is unpatentable over Shrivastava, in view of Song.
As all other dependent claims depend either directly or indirectly from the independent claims 1 and 11, similar rationale also applies to all respective dependent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUL CHOWDHURY whose telephone number is (571)272-0485. The examiner can normally be reached on Monday-Thursday 9 AM- 6 PM EST (Friday Var.).
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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