DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. Claims 41-44, 47-51, 54-64 are pending wherein claims 41, 48, 55, and 57 are in independent form.
3. Claims 41, 44, 48, 55-58 have been amended. Claim objection is withdrawn.
4. Claims 1-40, 45-46, 52-53 have been cancelled.
Response to Arguments
5. Applicant's arguments filed on 11/18/2025 have been fully considered but they are not persuasive. The reasons set forth below.
6. On page 11 of the remarks, applicant argues, “It is submitted that the very disclosure that the remote UE may be configured to communicate with the base station over both direct and indirect communication paths is in itself sufficient to convey to a skilled person that communication over both paths at the same time was contemplated by the inventors. It is not at all apparent why or on what basis a skilled person would possibly think otherwise, especially in the claim context of bearer split or duplication.”
In response, examiner respectfully disagrees because:
A UE configured for a direct link and an indirect link does not automatically enable the UE to perform communication over both the direct and indirect link simultaneously. When the UE is configured with both the direct link and the indirect link, the UE can split or duplicate traffic over both the links, but it does not indicate that the UE is enabled to communicate over both the links at the same time. To perform simultaneous communication over both the direct link and the indirect link, the UE must have the processing and transmission capability to conduct multiple communications at the same time.
Lindoff et al (US 20160081039 A1) discloses that simultaneous transmission over a direct link and an indirect link may cause many problems such as lack of adequate transmission power for maintaining simultaneous transmission with sufficient quality, large transmission power imbalance, non-linearities of power amplifier, in band emission etc. (Fig. 6A-B, Fig. 7, Par 0010-0013, Par 0053, Par 0056-0059). Due to the problems caused by simultaneous transmission, UE must have been configured with techniques to mitigate the problems caused by simultaneous transmission (Fig. 7-8, Par 0053-0054, Par 0057-0066). In view of Lindoff, one of ordinary skill in the art would never conclude that a UE is automatically capable of performing simultaneous transmission over a direct link and an indirect link when the UE is configured with both the direct link and indirect link. Therefore, to be enabled for simultaneous communication over both the direct link and the indirect link, the UE is required to be configured with the capability to identify problems associated with the simultaneous transmission and employ appropriate techniques to mitigate the problems.
7. On page 11 of the remarks, applicant argues, “In addition, joint transmission is disclosed, for example in paragraph [0075], which states in part: Another uplink technique is to improve system throughput by sharing data of an SUE to a Cooperative UE (CUE) on a sidelink between the SUE and the CUE, and then conducting joint transmission in uplink through both the Uu link and the sidelink. [Emphasis added.] Joint reception is also disclosed, in paragraph [0076], and further demonstrates that configuration to enable the remote UE to communicate with the base station over both of the indirect communication path via the relay UE and the direct communication path at the same time was within the possession of the inventors.”
In response, examiner respectfully disagrees because:
Configuring Joint transmission over a direct and an indirect link enables the UE to split/share transmission over both the direct link and the indirect link, but it (configuring Joint transmission) does not enable the UE to perform transmission over both the direct link and the indirect link simultaneously. Therefore, joint transmission does not enable the UE to transmit simultaneously over both the direct link and the indirect link.
8. On page 12 of the remarks, applicant argues, “The example protocol stack architectures in Figs. 4B, 4C, 4D all illustrate direct link (Uu) and indirect link (through Relay UE and SL) communications, and why a skilled person would understand anything other than configuration to enable the remote UE to communicate with the base station over both of the indirect communication path via the relay UE and the direct communication path at the same time is not apparent.”
In response, examiner respectfully disagrees because:
Establishing a direct link (Uu) and an indirect link via a relay enables the UE to communicate over both the direct link and the indirect link, it does not enable the UE to communicate simultaneously over both the direct link and the indirect link.
9. On page 12 of the remarks, applicant argues, “Paragraph [0124] provides additional relevant disclosure, in respect of two connections or paths for transmissions and receptions between the network and the remote UE. By configuring or activating the two paths (one via a relay UE and the other is a direct connection with the core network), either duplicated or multiplexed packets can be transmitted. Paragraph [0125] also discloses that a remote UE can be configured with a combination of multiple indirect connections and a direct connection with a network.”
In response, examiner respectfully disagrees because:
Establishing a direct link (Uu) and an indirect link via a relay enables the UE to communicate over both the direct link and the indirect link, it does not enable the UE to communicate simultaneously over both the direct link and the indirect link.
Claim Rejections - 35 USC § 112
10. 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.
11. Claims 41-44, 47-51, 54-64 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 41 recites, “the further signaling communicated between the base station and the remote UE via the relay UE over the indirect communication path is for indicating a further configuration that is to enable two paths including both the indirect communication path and the direct communication path for the remote UE to communicate with the base station over both of the indirect communication path via the relay UE and the direct communication path at the same time and comprises a configuration of bearer split or duplication”. According to the claim limitation, the remote UE is configured to communicate with the base station over both the direct communication path (Uu link) and indirect communication path (via relay UE) at the same time. The configuration enabled the remote UE to communicate with a base station simultaneously over both the direct and indirect path. Specification does not disclose that the remote UE is configured to perform communication simultaneously over both the direct and the indirect path. Specification discloses that the remote UE is configured with two links to communicate with the base station, one direct Uu link and one indirect link through a relay UE (US PG-PUB 20240040426, Fig. 4A-D, Fig. 14, Par 0100-0102, Par 0172-0176). Specification does not disclose that the remote UE is enabled to communicate with the base station over the two links (direct Uu link and indirect relay link) at the same time (I.e., simultaneous communication over the two links). Moreover, specification does not even disclose to send the configuration for simultaneous transmission over the indirect link. As the specification does not disclose to “enable two paths including both the indirect communication path and the direct communication path for the remote UE to communicate with the base station over both of the indirect communication path via the relay UE and the direct communication path at the same time”, the claim fails to comply with the written description requirement.
Other independent claims 48, 55, and 57 recite limitation (enabling the remote UE to communicate with the base station over both of the indirect communication path via the relay UE and the direct communication path at the same time) similar to claim 41 above and thereby, are rejected for failing to comply with the written description requirement as discussed above.
Claims 42-44 and 47 depend upon claim 41 and thereby, are rejected for the reasons discussed above with respect to claim 41.
Claims 49-51 and 54 depend upon claim 48 and thereby, are rejected for the reasons discussed above with respect to claim 48.
Claims 56 and 59-61 depend upon claim 55 and thereby, are rejected for the reasons discussed above with respect to claim 55.
Claims 58 and 62-64 depend upon claim 57 and thereby, are rejected for the reasons discussed above with respect to claim 57.
Examiner’s Comment
Based on an updated search, examiner found that Lindoff et al (US 20160081039 A1) discloses to enable a UE communicating simultaneously over both the direct communication path (Uu link) and indirect communication path (via relay UE) (Fig. 6-8, Par 0053-0054, Par 0055-0066). Lindoff does not disclose to send the configuration for simultaneous transmission over the indirect link. Therefore, if applicant can demonstrate support for the claim limitation (enabling remote UE to communicate simultaneously via both the direct path and the indirect path) in the specification, the claims would be allowable.
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 HARUN UR R CHOWDHURY whose telephone number is (571)270-3895. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/HARUN CHOWDHURY/Examiner, Art Unit 2473