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 .
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.
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.
The factual inquiries 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.
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.
Claim(s) 1-7, 9-17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fraunhofer (3GPP R1-21w00702) in view of Su (US 2023/0189325)
Regarding Claim 1, Fraunhofer teaches a sidelink resource recommendation method, comprising:
selecting, by a first terminal, a sidelink resource, the sidelink resource comprising one or more of the following:
a first resource and a second resource (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used. Note: multiple resources are selected in the set, but it fails to teach the second resource is used for the purpose below and will be dealt with the secondary reference.);
wherein the first resource is for the first terminal to recommend to a second terminal (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used.); and
wherein the first information is used for the first terminal to recommend the first resource to the second terminal (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used.)
Fraunhofer fails to explicitly teach the second resource is used for the first terminal to transmit first information to the second terminal,
Su from the same or similar field of endeavor teaches teach the second resource is used for the first terminal to transmit first information to the second terminal (¶ [0175], see specifically select a time-frequency resource)
Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to select a resource for transmitting a message over a channel in the system of Fraunhofer as taught by Lee.
The motivation is that sidelink transmissions are transmitted based on resource selections from resource pools, as the coordination message is being sent across the sidelink channel, and this is how the channel itself works, it is obvious that one would need to select a resource to transmit the message in the system of Fraunhofer as it is designed to solve the problem that it is standardization discussion document dedicated to solving and similar to a patent would not need to reiterate what is already known.
Regarding Claim 2, Fraunhoffer teaches receiving, by the first terminal, second information, wherein the second information is used to trigger the first terminal to select the sidelink resource, or the second information is used to trigger the first terminal to recommend the first resource to the second terminal (page 3, section 2.3, see specitically implicit triggers, page 5, 3.2.1, see specifically explicit request or trigger message).
Regarding Claim 3, Fraunhofer teaches, by the first terminal, the sidelink resource from a third resource, wherein the third resource is a resource with interference lower than a threshold (page 2, section 2.1, see specifically below an SL-RSRP threshold).
Regarding Claim 4, Frauhofer teaches selecting by the first terminal, the sidelink resource from a third resource, the method further comprises: determining, by the first terminal, the third resource; wherein the step of determining, by the first terminal, the third resource comprises: determining, by the first terminal, the third resource in a first resource selection window (page 8, section 3.5, see specifically selection window).
Regarding Claim 5, Fraunhofer teaches determining, by the first terminal, the third resource in a first resource selection window comprises: determining, by the first terminal, the third resource in the first resource selection window based on protocol-prescribed information, control node–configured information, or preconfigured information (page 5, section 3.2.2., see specifically pre-configured event)
Regarding Claim 6, Fraunhofer teaches determining, by the first terminal, a second resource selection window; and selecting, by the first terminal, the sidelink resource from the third resource in the second resource selection window (page 8, section 3.5, see specifically selection window).
Regarding Claim 7, Fraunhofer teaches the step of selecting, by a first terminal, a sidelink resource comprises:
selecting, by the first terminal, the sidelink resource based on one or more of a first time, a packet delay budget (PDB), priority information (page 5, section 3.2.1, see specifically priority information, page 2, section 2.1, see specifically given priority), the number of sub-channels, and the number of repetitions.
wherein the first time is a sum of time at which the first terminal receives second information and an offset;
wherein the second information is used to trigger the first terminal to select the sidelink resource, or the second information is used to trigger the first terminal to recommend the first resource to the second terminal (page 5, section 3.2.1, see explicit trigger)
Regarding Claim 9, Fraunhofer a priority of the first information is further used for priority comparison between transmission or reception of the first information or transmission or reception of feedback information corresponding to the first information and another transport (page 5, section 3.2.1, see specifically priority information, page 2, section 2.1, see specifically given priority)
wherein the another transport comprises at least one of new radio (NR) sidelink (SL) transmission, NR SL reception, NR uplink (UL) transmission, evolved universal terrestrial radio access (EUTRA) SL transmission, and EUTRA SL reception.
Regarding Claim 10, Fraunhofer teaches the step of selecting, by a first terminal, a sidelink resource comprises:
selecting, by the first terminal, the sidelink resource based on a resource selection mechanism; wherein the resource selection mechanism comprises one or more of the following:
a first mechanism, wherein the first mechanism comprises that a first resource selection procedure is used for the first resource and that a second resource selection procedure is used for the second resource (page 2, section 2.1, see specifically RSRP threshold); and
a second mechanism, wherein the second mechanism comprises that a third resource selection window is used for the first resource and that a fourth resource selection window is used for the second resource.
Regarding Claim 11, Fraunhofer teaches the first resource selection procedure and the second resource selection procedure are executed separately; or the first resource selection procedure and the second resource selection procedure share one resource selection procedure (page 2, section 2.1, see specifically below an SL-RSRP threshold);
wherein that the first resource selection procedure and the second resource selection procedure are executed separately comprises at least one or more of the following:
the second resource selection procedure is triggered based on a position of the first resource selected in the first resource selection procedure; the first resource selection procedure is triggered based on a position of the second resource selected in the second resource selection procedure; the second resource is selected based on the position of the first resource selected in the first resource selection procedure; and the first resource is selected based on the position of the second resource selected in the second resource selection procedure.
Regarding Claim 12, Fraunhofer teaches the method further comprises: in a case that selection of the first resource fails in the first resource selection procedure, terminating, by the first terminal, the first resource selection procedure, or discarding a selected resource (page 2, section 2.2, not preferred set of resources.);
or in a case that selection of the second resource fails in the second resource selection procedure, terminating, by the first terminal, the second resource selection procedure, or discarding a selected resource (page 2, section 2.1, see specifically not available).
Regarding Claim 13, Fraunhofer teaches the third resource selection window and the fourth resource selection window satisfy one of the following:
the third resource selection window and the fourth resource selection window are different resource selection windows; or the third resource selection window and the fourth resource selection window share one resource selection window;
wherein that the third resource selection window and the fourth resource selection window are different resource selection windows comprises:
the fourth resource selection window is determined based on a position of the first resource selected in the third resource selection window, or
the third resource selection window is determined based on a position of the second resource selected in the fourth resource selection window.
Su from the same or similar field of endeavor teaches the third resource selection window and the fourth resource selection window are different resource selection windows (¶ [0149], see specifically different types of resource pools);
Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to select a resource for transmitting a message over a channel in the system of Fraunhofer as taught by Lee.
The motivation is that sidelink transmissions are transmitted based on resource selections from resource pools, as the coordination message is being sent across the sidelink channel, and this is how the channel itself works, it is obvious that one would need to select a resource to transmit the message in the system of Fraunhofer as it is designed to solve the problem that it is standardization discussion document dedicated to solving and similar to a patent would not need to reiterate what is already known.
Regarding Claim 14, Fraunhofer teaches a time interval between the first resource and the second resource is determined based on one or more of the following:
a sum of a transport time for the first information and a time for demodulating the first information by the second terminal;
a sum of the transport time for the first information and a transport preparation time for the second terminal;
a sum of the transport time for the first information, the time for demodulating the first information by the second terminal, and the transport preparation time for the second terminal;
protocol prescription, control node configuration or preconfiguration, or negotiation between terminals; and the first information being capable of indicating the first resource (page 5, section 3.2.2., see specifically pre-configured event)
Regarding Claim 15, Fraunhofer teaches the first information comprises one or more of the following:
position(s) of one or more start sub-channels; one or more TDRA fields or FDRA fields (page 2, section 2.1, 1, see specifically set of resources in the time/frequency grid)
each TDRA field or FDRA field corresponding to a position of one start sub-channel; position(s) of one or more start slots (page 2, section 2.1, 1, see specifically set of resources in the time/frequency grid); a time interval between the first information and the start slot; a time interval between multiple start slots; an absolute time of the start slot; a reference SFN of the start slot; and a time offset of the start slot.
Regarding Claim 16, Fraunhofer teaches a terminal (page 1, see specifically UE)
selecting a sidelink resource, the sidelink resource comprising one or more of the following:
a first resource and a second resource (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used. Note: multiple resources are selected in the set, but it fails to teach the second resource is used for the purpose below and will be dealt with the secondary reference.);
wherein the first resource is for the terminal to recommend to a second terminal (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used); and
wherein the first information is used for the terminal to recommend the first resource to the second terminal (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used.)
Fraunhofer fails to explicitly teach comprising a processor, a memory, and a program stored in the memory and capable of running on the processor, wherein when the program is executed by the processor, the processor is caused to implement:
and the second resource is used for the terminal to transmit first information to the second terminal,
Su from the same or similar field of endeavor teaches comprising a processor, a memory, and a program stored in the memory and capable of running on the processor, wherein when the program is executed by the processor, the processor is caused to implement (¶ [0103], see specifically memory and processor, ¶ [0114], see specifically memory and program):
and the second resource is used for the terminal to transmit first information to the second terminal (¶ [0175], see specifically select a time-frequency resource)
Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to select a resource for transmitting a message over a channel in the system of Fraunhofer as taught by Lee.
The motivation is that sidelink transmissions are transmitted based on resource selections from resource pools, as the coordination message is being sent across the sidelink channel, and this is how the channel itself works, it is obvious that one would need to select a resource to transmit the message in the system of Fraunhofer as it is designed to solve the problem that it is standardization discussion document dedicated to solving and similar to a patent would not need to reiterate what is already known.
Regarding Claim 17, Fraunhofer teaches the step of selecting a sidelink resource comprises: selecting the sidelink resource based on one or more of a first time, a packet delay budget (PDB), priority information (page 5, section 3.2.1, see specifically priority information, page 2, section 2.1, see specifically given priority), the number of sub-channels, and the number of repetitions; wherein the first time is a sum of time at which the terminal receives second information and an offset;
wherein the second information is used to trigger the terminal to select the sidelink resource, or the second information is used to trigger the terminal to recommend the first resource to the second terminal (page 5, section 3.2.1, see explicit trigger).
Regarding Claim 19, Frauhofer teaches the first information comprises one or more of the following:
position(s) of one or more start sub-channels;
one or more TDRA fields or FDRA fields (page 2, section 2.1, 1, see specifically set of resources in the time/frequency grid),
each TDRA field or FDRA field corresponding to a position of one start sub-channel; position(s) of one or more start slots (page 2, section 2.1, 1, see specifically set of resources in the time/frequency grid);
a time interval between the first information and the start slot;
a time interval between multiple start slots;
an absolute time of the start slot;
a reference SFN of the start slot; and
a time offset of the start slot.
Regarding Claim 20, Frauhofer teaches selecting, by a first terminal, a sidelink resource, the sidelink resource comprising one or more of the following:
a first resource and a second resource (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used. Note: multiple resources are selected in the set, but it fails to teach the second resource is used for the purpose below and will be dealt with the secondary reference.);
wherein the first resource is for the first terminal to recommend to a second terminal (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used); and
wherein the first information is used for the first terminal to recommend the first resource to the second terminal (page 2, section 2.1, see specifically preferred set of resources, page 2-3, see specifically recommended not to be used.)
Frauhofer fails to explicitly teach a non-transient readable storage medium, wherein the non-transient readable storage medium stores a program or instructions, and when the program or instructions are executed by a processor, the processor is caused to implement:
the second resource is used for the first terminal to transmit first information to the second terminal.
Su from the same or similar field of endeavor teaches teach a non-transient readable storage medium, wherein the non-transient readable storage medium stores a program or instructions, and when the program or instructions are executed by a processor, the processor is caused to implement (¶ [0103], see specifically memory and processor, ¶ [0114], see specifically memory and program):
the second resource is used for the first terminal to transmit first information to the second terminal (¶ [0175], see specifically select a time-frequency resource)
Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to select a resource for transmitting a message over a channel in the system of Fraunhofer as taught by Lee.
The motivation is that sidelink transmissions are transmitted based on resource selections from resource pools, as the coordination message is being sent across the sidelink channel, and this is how the channel itself works, it is obvious that one would need to select a resource to transmit the message in the system of Fraunhofer as it is designed to solve the problem that it is standardization discussion document dedicated to solving and similar to a patent would not need to reiterate what is already known.
Allowable Subject Matter
Claim 8 and 18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M MORLAN whose telephone number is (571)270-5674. The examiner can normally be reached Monday - Friday, 10 AM - 4PM.
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/ROBERT M MORLAN/Primary Examiner, Art Unit 2409
ROBERT M. MORLAN
Primary Examiner
Art Unit 2409
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