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 .
Response to Arguments
Applicant's arguments filed 3/10/2026 have been fully considered but they are not persuasive.
Regarding 103 rejection of claims 1, 10, 16, 25, Applicant argues in substance that amended features would overcome combination of Tsai and Kim.
In response to argument, Examiner respectfully disagree. New prior art, Dutta et al, in combination of Tsai and Kim, teaches all limitations as claimed.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4, 6, 8-11, 13, 14, 16, 17, 19, 21, 23-26, 28, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al (20220399927) in view of Kim et al (EP 3771248 A1) and Dutta et al (USPN 20220210778).
Regarding claim 16, Tsai discloses
a first user equipment (UE), comprising: (TX UE/WTRU comprising [0249, 0250], FIG. 27F
one or more memories (memories, FIG. 27F #130 #132 [0254]
one or more processors coupled to the one or more memories storing instructions that are executable by the one or more processors, individually or in any combination, configured to cause the first UE to: (processor, FIG. 27F #118, coupled to memories and operable to execute instructions in memories to perform [0250, 0254]
establish a connection with a second UE on a first frequency channel (discovery procedure between TX UE and RX UE (e.g. 241 & 242) performed in FR1 [0170]
transmit, via the first frequency channel, an indication of resources on a second frequency channel (TX UE transmits on FR1 signaling indicating resources on FR2 [0171-0185]
transmit, via the second frequency channel using the indicated resources, one or more signals sweeping a plurality of beam directions (TX UE transmits beam sweeping burst on FR2 for recovery [0082, 0171-0185], FIGs. 6, 7
receive, via the first frequency channel or the second frequency channel in response to transmitting the one or more signals, (TX UE receives feedback from RX UE via FR1 [0171-0185], FIG. 7
communicate with the second UE in the second frequency channel (communicate using FR2 after recovery [0173], FIG. 7
Tsai does not expressly disclose an index associated with a preferred beam direction; communicate with the second UE in the second frequency channel using the preferred beam direction
Kim discloses an index associated with a preferred beam direction (measurement result from RX UE comprises beam index/preferred beams with each beam occupies a specific direction [0095-0099], FIGs. 16, 17
communicate with the second UE in the second frequency channel using the preferred beam direction (TX UE and RX UEs using preferred beam [0100-0102]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “an index associated with a preferred beam direction; communicate with the second UE in the second frequency channel using the preferred beam direction” as taught by Kim into Tsai’s system with the motivation to perform beam selection for sidelink communication (Kim, paragraph [0095-0099], FIGs. 16, 17)
Combined system of Tsai and Kim does not expressly disclose transmit, via the second frequency channel using indicated resources, one or more reference signals sweeping a plurality of beam directions; receive, via the first frequency channel or the second frequency channel in response to transmitting the one or more reference signals
Dutta discloses transmit, via the second frequency channel using indicated resources, one or more reference signals sweeping a plurality of beam directions (transmit beam training frame comprising AGC symbol and beam sweeping reference signals multiplexed with data frames to second UE [0007, 0008, 0071], FIG. 6
receive, via the first frequency channel or the second frequency channel in response to transmitting the one or more reference signals, (receive better quality signals after performing beam training frame [0006]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “transmit, via the second frequency channel using indicated resources, one or more reference signals sweeping a plurality of beam directions; receive, via the first frequency channel or the second frequency channel in response to transmitting the one or more reference signals” as taught by Dutta into combined system of Tsai and Kim with the motivation to perform beam training frame between UEs (Dutta, paragraph [0007, 0008, 0071], FIG. 6)
Claim 1 is rejected under based on similar ground(s) provided in rejection of claim 16.
Regarding claim 25, Tsai discloses
a first user equipment (UE), comprising: (RX UE/WTRU comprising [0249, 0250], FIG. 27F
one or more memories (memories, FIG. 27F #130 #132 [0254]
one or more processors coupled to the one or more memories storing instructions that are executable by the one or more processors, individually or in any combination, configured to cause the first UE to: (processor, FIG. 27F #118, coupled to memories and operable to execute instructions in memories to perform [0250, 0254]
establish a connection with a second UE on a first frequency channel (discovery procedure between TX UE and RX UE (e.g. 241 & 242) performed in FR1 [0170]
receive, via the first frequency channel, an indication of resources on a second frequency channel (RX UE receives on FR1 signaling indicating resources on FR2 [0171-0185]
receive, via the second frequency channel over the indicated resources, one or more signals sweeping a plurality of beam directions (RX UE receives beam sweeping burst on FR2 for recovery [0082, 0171-0185], FIGs. 6, 7
transmit, via the first frequency or the second frequency channel in response to receiving the one or more signals (RX UE transmits feedback from RX UE via FR1 [0171-0185], FIG. 7
communicate with the second UE in the second frequency channel (communicate using FR2 after recovery [0173], FIG. 7
Tsai does not expressly disclose an index associated with a preferred beam direction; communicate with the second UE in the second frequency channel using the preferred beam direction
Kim discloses an index associated with a preferred beam direction (measurement result from RX UE comprises beam index/preferred beams with each beam occupies a specific direction [0095-0099], FIGs. 16, 17
communicate with the second UE in the second frequency channel using the preferred beam direction (TX UE and RX UEs using preferred beam [0100-0102]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “an index associated with a preferred beam direction; communicate with the second UE in the second frequency channel using the preferred beam direction” as taught by Kim into Tsai’s system with the motivation to perform beam selection for sidelink communication (Kim, paragraph [0095-0099], FIGs. 16, 17)
Combined system of Tsai and Kim does not expressly disclose transmit, via the second frequency channel using indicated resources, one or more reference signals sweeping a plurality of beam directions; receive, via the first frequency channel or the second frequency channel in response to transmitting the one or more reference signals
Dutta discloses transmit, via the second frequency channel using indicated resources, one or more reference signals sweeping a plurality of beam directions (transmit beam training frame comprising AGC symbol and beam sweeping reference signals multiplexed with data frames to second UE [0007, 0008, 0071], FIG. 6
receive, via the first frequency channel or the second frequency channel in response to transmitting the one or more reference signals, (receive better quality signals after performing beam training frame [0006]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “transmit, via the second frequency channel using indicated resources, one or more reference signals sweeping a plurality of beam directions; receive, via the first frequency channel or the second frequency channel in response to transmitting the one or more reference signals” as taught by Dutta into combined system of Tsai and Kim with the motivation to perform beam training frame between UEs (Dutta, paragraph [0007, 0008, 0071], FIG. 6)
Claim 10 is rejected under based on similar ground(s) provided in rejection of claim 25.
Regarding claims 2, 11, 17, 26, Tsai does not expressly disclose “wherein the communicating using the preferred beam direction is the first communication by the first UE with the second UE after receiving the index”
Kim discloses TX UE determines data transmission after receiving beam sweeping results [0098-0102]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the communicating using the preferred beam direction is the first communication by the first UE with the second UE after receiving the index” as taught by Kim into Tsai’s system with the motivation to perform beam selection for sidelink communication (Kim, paragraph [0095-0099], FIGs. 16, 17)
Regarding claims 4, 13, 19, 28, Tsai discloses “wherein the first frequency channel is in 5G new radio (NR) frequency range 1 (FR1) and the second frequency channel is in 5G NR frequency range 2 (FR2)” first channel being FR1 and second channel being FR2 of NR [0003, 0171-0185], Table 3
Regarding claims 6, 21, Tsai discloses “refraining from indicating the indicated resources in a sidelink control information (SCI) using the second frequency channel based on the indicated resources being an aperiodic resource” indicated resources being periodic and TX UE does not transmit SCI on FR2 [0156, 0158], FIG. 7
Regarding claims 8, 23, Tsai discloses “wherein the transmitting the indication of resources on the second frequency channel is in response to a beam failure on the second frequency channel” TX UE transmits on FR1 signaling indicating resources on FR2 due to beam failure on FR2 [0171-0185]
Regarding claims 9, 24, Tsai discloses “communicating with the second UE in the second frequency channel” communicate using FR2 after recovery [0173], FIG. 7
Tsai does not expressly disclose “using a first beam direction, wherein the plurality of beam directions are based on the first beam direction; wherein the plurality of beam directions are based on the first beam direction”
Kim discloses communicate with the second UE in the second frequency channel using a first beam direction (TX UE and RX UEs using preferred beam [0100-0102]
wherein the plurality of beam directions are based on the first beam direction (plurality of beam directions, FIGs. 16, 17, are listed/measured prior to preferred beam [0096-0098, 0108]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “using a first beam direction, wherein the plurality of beam directions are based on the first beam direction; wherein the plurality of beam directions are based on the first beam direction” as taught by Kim into Tsai’s system with the motivation to perform beam selection for sidelink communication (Kim, paragraph [0095-0099], FIGs. 16, 17)
Regarding claims 14, 29, Tsai discloses “receiving a sidelink control information (SCI) via the second frequency channel indicating the indicated resources” RX UE receiving PSCCH comprising beam failure indication and CC index, resource pool index on FR2 [0177]
Claims 3, 12, 15, 18, 27, 30 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai and Kim as applied to claims 1, 16 above, and further in view of Liu et al (USPN 20230232426).
Regarding claims 3, 18, combined system of Tsai and Kim does not expressly disclose “transmit an acknowledgement signal to the second UE in response to receiving the index; and communicate using the preferred beam direction is performed after transmitting the acknowledgement signal”
Liu discloses initiating UE, FIG. 10 #115-c, transmitting acknowledgment after receiving preferred beam(s) from receiving UE and communicating using preferred beam(s) following acknowledgment [0171, 0172, 0069]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “transmit an acknowledgement signal to the second UE in response to receiving the index; and communicate using the preferred beam direction is performed after transmitting the acknowledgement signal” as taught by Liu into combined system of Tsai and Kim with the motivation to allow confirm receipt of preferred beams by initiating UE.
Regarding claims 12, 27, combined system of Tsai and Kim does not expressly disclose “receiving an acknowledgement signal associated with the index from the second UE, wherein the communicating using the preferred beam direction is performed after receiving the acknowledgement signal”
Liu discloses initiating UE, FIG. 10 #115-d, receiving acknowledgment after transmitting preferred beam(s) to initiating UE, FIG. 10 #115-c, UE and communicating using preferred beam(s) following acknowledgment [0171, 0172]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “receiving an acknowledgement signal associated with the index from the second UE, wherein the communicating using the preferred beam direction is performed after receiving the acknowledgement signal” as taught by Liu into combined system of Tsai and Kim with the motivation to allow confirm receipt of preferred beams by initiating UE.
Regarding claims 15, 30, combined system of Tsai and Kim does not expressly disclose “transmitting the index via a sidelink control information (SCI) or a sidelink medium access control-control element (SL MAC-CE) message”
Liu discloses receiving UE, FIG. 10 #115-d, transmitting control message/SCI including beam index to initiating UE [0169, 0006, 0068]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “transmitting the index via a sidelink control information (SCI) or a sidelink medium access control-control element (SL MAC-CE) message” as taught by Liu into combined system of Tsai and Kim with the motivation to allow prioritize beam selection by receiving UE.
Allowable Subject Matter
Claims 5, 7, 20, 22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vargas et al (USPN 20200322774) FIG. 7
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 THAI NGUYEN whose telephone number is (571)270-7632. The examiner can normally be reached M-F campus 10:30-5pm, telework 6pm-8pm| Telework count days.
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, Ian N Moore can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THAI NGUYEN/Primary Examiner, Art Unit 2469