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 Amendment
This communication is in response to the amendment of 10/30/2025. All changes to the claims have been entered. Accordingly, Claims 1-30 are currently pending in the application.
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.
Claim 30 is 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 30 recites the subject matter of “wherein the receiving the indication of the time interval comprises receiving a disallowed time interval field indicating one or more subframes of the time interval, and wherein the reception gap is outside the one or more subframes”. However such subject matter does not seem to be disclosed in the Specification and/or Drawings. Examiner suggests amending such subject matter or specifically pointing out such subject matter.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 7-12, 14-19, 21, 23-27, 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-11, 14-19, 21-26, 28 of U.S. Patent No. 11895651. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-5, 7-12, 14-19, 21, 23-27, 29 is a broader variation of claims 1-5, 7-11, 14-19, 21-26, 28 of U.S. Patent No. 11895651.
Instant Application 18/545096
Patent 11895651
1. A method comprising:
receiving, by a first wireless device from a base station, an indication of a time interval during which signal transmission between the first wireless device and a second wireless device is disallowed; and
sending, by the first wireless device to the second wireless device and using at least one resource outside the time interval, a signal transmission between the first wireless device and the second wireless device, wherein the at least one resource overlaps with a reception gap associated with the time interval.
1. A method comprising:
receiving, by a first wireless device from a base station: an indication of a resource pool for sidelink communication; and an indication of a time interval for disallowed sidelink signal transmission;
determining, by the first wireless device, at least one resource, outside the time interval and from the resource pool, for sidelink signal transmission to a second wireless device; and sending, by the first wireless device to the second wireless device using the at least one resource, a sidelink signal.
5. The method of claim 1, wherein the determining the at least one resource for sidelink signal transmission to the second wireless device comprises determining the at least one resource from among at least one resource, of the resource pool, that overlaps with a sidelink reception gap associated with the time interval.
2. The method of claim 1, further comprising: sending, by the first wireless device to the second wireless device, a request to establish a connection with the second wireless device; and receiving, by the first wireless device from the second wireless device, a response to the request to establish the sidelink connection, wherein the response comprises sidelink gap information.
2. The method of claim 1, further comprising: sending, by the first wireless device to the second wireless device, a request to establish a sidelink connection; and receiving, by the first wireless device from the second wireless device, a response to the request to establish the sidelink connection, wherein the response comprises sidelink gap information, and wherein the determining the at least one resource for sidelink signal transmission to the second wireless device is further based on the sidelink gap information.
3. The method of claim 1, further comprising: receiving, by the first wireless device from the base station, an indication of a second time interval during which signal transmission between the first wireless device and the second wireless device is allowed.
3. The method of claim 1, further comprising: receiving, by the first wireless device from the base station, an indication of a second time interval for allowed sidelink signal transmission to the second wireless device.
4. The method of claim 1, wherein the time interval comprises a time during which bandwidth part switching for the second wireless device is configured to occur.
4. The method of claim 1, wherein, during the time interval, bandwidth part switching occurs for the second wireless device.
5. The method of claim 1, wherein the sending comprises sending the signal via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
7. The method of claim 1, wherein the sending the sidelink signal is via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
7. The method of claim 1, further comprising: receiving, by the first wireless device from the base station, an indication of a resource pool for communication with the second wireless device, wherein the resource pool comprises the at least one resource
See claim 1
8. A first wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, configure the first wireless device to:
receive, from a base station, an indication of a time interval during which signal transmission between the first wireless device and a second wireless device is disallowed; and
send, to the second wireless device and using at least one resource outside the time interval, a signal transmission between the first wireless device and the second wireless device, wherein the at least one resource overlaps with a reception gap associated with the time interval.
8. A first wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, configure the first wireless device to:
receive, from a base station: an indication of a resource pool for sidelink communication; and an indication of a time interval for disallowed sidelink signal transmission;
determine at least one resource, outside the time interval and from the resource pool, for sidelink signal transmission to a second wireless device; and send, to the second wireless device using the at least one resource, a sidelink signal.
12. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, configure the first wireless device to determine the at least one resource for sidelink signal transmission to the second wireless device by determining the at least one resource from among at least one resource, of the resource pool, that overlaps with a sidelink reception gap associated with the time interval.
9. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the first wireless device to: send, to the second wireless device, a request to establish a connection with the second wireless device; and receive, from the second wireless device, a response to the request to establish the sidelink connection, wherein the response comprises gap information
9. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the first wireless device to: send, to the second wireless device, a request to establish a sidelink connection; and receive, from the second wireless device, a response to the request to establish the sidelink connection, wherein the response comprises sidelink gap information, and wherein the instructions, when executed by the one or more processors, configure the first wireless device to determine the at least one resource for sidelink signal transmission to the second wireless device further based on the sidelink gap information.
10. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the first wireless device to: receive, from the base station, an indication of a second time interval during which signal transmission between the first wireless device and the second wireless device is allowed.
10. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the first wireless device to: receive, from the base station, an indication of a second time interval for allowed sidelink signal transmission to the second wireless device.
11. The first wireless device of claim 8, wherein the time interval comprises a time during which bandwidth part switching for the second wireless device is configured to occur.
11. The first wireless device of claim 8, wherein, during the time interval, bandwidth part switching occurs for the second wireless device.
12. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, configure the first wireless device to send the signal transmission by sending the signal transmission via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
14. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, configure the first wireless device to send the sidelink signal via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
14. The first wireless device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the first wireless device to: receive, from the base station, an indication of a resource pool for communication with the second wireless device, wherein the resource pool comprises the at least one resource.
See claim 8
15. A non-transitory computer-readable medium storing instructions that, when executed, cause:
receiving, by a first wireless device from a base station, an indication of a time interval for during which signal transmission between the first wireless device and a second wireless device is disallowed; and
sending, by the first wireless device to a second wireless device and using at least one resource outside the time interval, a signal transmission between the first wireless device and the second wireless device, wherein the at least one resource overlaps with a reception gap associated with the time interval.
15. A non-transitory computer-readable medium storing instructions that, when executed, configure a first wireless device to:
receive, from a base station: an indication of a resource pool for sidelink communication; and an indication of a time interval for disallowed sidelink signal transmission;
determine at least one resource, outside the time interval and from the resource pool, for sidelink signal transmission to a second wireless device; and send, to the second wireless device using the at least one resource, a sidelink signal.
19. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, configure the first wireless device to determine the at least one resource for sidelink signal transmission to the second wireless device by determining the at least one resource from among at least one resource, of the resource pool, that overlaps with a sidelink reception gap associated with the time interval.
16. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further cause: sending, by the first wireless device to the second wireless device, a request to establish a connection with the second wireless device; and receiving, by the first wireless device from the second wireless device, a response to the request to establish the connection, wherein the response comprises gap information.
16. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further configure the first wireless device to: send, to the second wireless device, a request to establish a sidelink connection; and receive, from the second wireless device, a response to the request to establish the sidelink connection, wherein the response comprises sidelink gap information, and wherein the instructions, when executed, configure the first wireless device to determine the at least one resource for sidelink signal transmission to the second wireless device further based on the sidelink gap information.
17. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further cause: receiving, by the first wireless device from the base station, an indication of a second time interval during which signal transmission between the first wireless device and the second wireless device is allowed.
17. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further configure the first wireless device to: receive, from the base station, an indication of a second time interval for allowed sidelink signal transmission to the second wireless device.
18. The non-transitory computer-readable medium of claim 15, wherein the time interval comprises a time during which bandwidth part switching for the second wireless device is configured to occur.
18. The non-transitory computer-readable medium of claim 15, wherein, during the time interval, bandwidth part switching occurs for the second wireless device.
19. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, cause the sending by sending the signal transmission via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
21. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, configure the first wireless device to send the sidelink signal via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
21. The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further cause: receiving, by the first wireless device from the base station, an indication of a resource pool for communication with the second wireless device, wherein the resource pool comprises the at least one resource.
See claim 15
23. (New) A system comprising:
a first wireless device; and
a base station configured to:
send, to the first wireless device, an indication of a time interval during which signal transmission between the first wireless device and a second wireless device is disallowed, wherein the first wireless device is configured to:
send, to the second wireless device and using at least one resource outside the time interval, a signal transmission between the first wireless device and the second wireless device, wherein the at least one resource overlaps with a reception gap associated with the time interval.
22. A system comprising: a first wireless device; and a base station configured to: send, to the first wireless device: an indication of a resource pool for sidelink communication; and an indication of a time interval for disallowed sidelink signal transmission, wherein the first wireless device is configured to: determine at least one resource, outside the time interval and from the resource pool, for sidelink signal transmission to a second wireless device; and send, to the second wireless device using the at least one resource, a sidelink signal.
26. The system of claim 22, wherein the first wireless device is configured to determine the at least one resource for sidelink signal transmission to the second wireless device by determining the at least one resource from among at least one resource, of the resource pool, that overlaps with a sidelink reception gap associated with the time interval.
24. (New) The system of claim 23, wherein the first wireless device is further configured to: send, to the second wireless device, a request to establish a connection with the second wireless device; and receive, from the second wireless device, a response to the request to establish the connection, wherein the response comprises gap information.
23. The system of claim 22, wherein the first wireless device is further configured to: send, to the second wireless device, a request to establish a sidelink connection; and receive, from the second wireless device, a response to the request to establish the sidelink connection, wherein the response comprises sidelink gap information, and wherein the first wireless device is configured to determine the at least one resource for sidelink signal transmission to the second wireless device further based on the sidelink gap information.
25. (New) The system of claim 23, wherein the base station is further configured to: send, to the first wireless device, an indication of a second time interval during which signal transmission between the first wireless device and the second wireless device is allowed.
24. The system of claim 22, wherein the first wireless device is further configured to: receive, from the base station, an indication of a second time interval for allowed sidelink signal transmission to the second wireless device.
26. (New) The system of claim 23, wherein the time interval comprises a time during which bandwidth part switching for the second wireless device is configured to occur.
25. The system of claim 22, wherein, during the time interval, bandwidth part switching occurs for the second wireless device.
27. (New) The system of claim 23, wherein the first wireless device is configured to send the signal transmission by: sending the signal transmission via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
28. The system of claim 22, wherein the first wireless device is configured to send the sidelink signal via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel.
29. (New) The system of claim 23, wherein the base station is further configured to: send, to the first wireless device, an indication of a resource pool for communication with the second wireless device, wherein the resource pool comprises the at least one resource.
See claim 22
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.
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.
Claim(s) 1, 5, 6, 7, 8, 12, 13, 14, 15, 19, 20, 21, 22, 23, 27, 28, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thangarasa et al. (US 2017/0310415), in view of Lu et al. (US 2020/0045724).
Regarding claim 1, 8, 15, 23, Thangarasa discloses a method (The method comprises configuring a D2D device for D2D operation based on a D2D schedule or resource allocation such that D2D operation, and/or switching between cellular operation and D2D operation and/or vice versa, of the D2D device doesn't overlap with cellular synchronization signals, and/or with DL subframes that can be used for cell search by the D2D device, and/or with DL subframes in which synchronization signals are transmitted, abstract and [0006] and [0158] and [0315]) comprising:
receiving, by a first wireless device from a base station, an indication of a time interval during which signal transmission between the first wireless device and a second wireless device is disallowed (the network node may choose or be adapted to avoid scheduling of D2D operation in the subframes that are or can be used for cell search i.e. for searching cells on a carrier. Information on which these subframes are may be obtained e.g. from signaling by the UE itself and D2D device (or D2D capable UE) receives a command from the network node to adapt its cell search sampling window (corresponding to time interval) and/or …is configured accordingly by the network node and the D2D device or UE receiving explicit command and/or configuration data from the network node…configuring the UE to adapt the cell search window and the network node disallows any D2D operation within the cell search sampling duration, [0088]-[0091] and [0108] and [0114] and [0093] and [0100] and [0110]-[0112] and [0049] and [0155] and [0178] and [0187]); and
sending, by the first wireless device to the second wireless device and using at least one resource outside the time interval, a signal transmission between the first wireless device and the second wireless device (a D2D operation to take place in subframes outside of a cell search sampling window, and/or to avoid overlap of D2D operation and/or switching between D2D operation and cellular operation and/or vice versa, with at least one time unit or resource for which the network or network node schedules synchronization signals to be transmitted, [0006]-[0007] and [0060]-[0061] and [0099]-[0101] and [0110]-[0112] and [0135] and [0145]), wherein the at least one resource overlaps with allowed subframes associated with the time interval (subframes in which D2D operation is scheduled and/or performed) to take place only in subframes that fall outside of X, [0110]-[0112]).
Thangarasa fails to disclose the term reception gap. However in a similar field of endeavor, Lu discloses a reception gap (sidelink gaps have been introduced, that is, the network may configure a set of subframes (possibly upon information related to the UE) in which the UE is allowed to prioritize SL transmissions over UL transmissions, [0073] and [0098]). It 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 to incorporate the concept of associating reception gap with subframes allowed for sidelink communications as disclosed by Lu into the method for configuring a D2D device for D2D operation in which a D2D operation are to take place in subframes outside of a cell search sampling window as disclosed by Thangarasa in order to flexibly and efficiently prioritize between SL transmission or cellular transmissions and to have the proper nomenclature.
It should be noted that Applicant’s Specification discloses “a sidelink reception gap comprising a set of time intervals for allowing reception of a sidelink signal” ([0220]-[0221] and [0225] and [0227]).
Regarding claim 5, 12, 19, 27, Thangarasa discloses wherein the sending comprises sending the signal transmission via at least one of: a physical layer sidelink control channel; or a physical layer sidelink shared channel (D2D operation is a generic term which may comprise of transmission and/or reception of any type of D2D signals (e.g. physical signals, physical channel, etc.) by a D2D communication capable UE and one or more of D2D transmissions (e.g., SA, D2D data, D2D synchronization signal, D2D control channel, [0042] and [0186] and [0177])
Regarding claim 6, 13, 20, 28, Lu discloses wherein the reception gap is associated with one or more of: an offset, a symbol, a slot, a subframe, a frame, a bitmap, or a periodicity (sidelink gaps have been introduced, that is, the network may configure a set of subframes (possibly upon information related to the UE) in which the UE is allowed to prioritize SL transmissions over UL transmissions, [0073] and [0098]). It 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 to incorporate the concept of associating reception gap with subframes allowed for sidelink communications as disclosed by Lu into the method for configuring a D2D device for D2D operation in which a D2D operation are to take place in subframes outside of a cell search sampling window as disclosed by Thangarasa in order to flexibly and efficiently prioritize between SL transmission or cellular transmissions and to have the proper nomenclature.
Regarding claim 7, 14, 21, 29, Thangarasa discloses further comprising: receiving, by the first wireless device from the base station, an indication of a resource pool for communication with the second wireless device, wherein the resource pool comprises the at least one resource. (eNodeB may broadcast D2D resource pools for D2D communication, [0033]-[0037])
Regarding claim 22, Thangarasa discloses wherein the time interval comprises one or more slots in which signal transmission between the first wireless device and the second wireless device is disallowed, and wherein the time interval is configured by the base station (the network node may choose to adapt and/or be adapted to adapt the scheduling towards the said UE and/or to configure the UE to avoid scheduling of D2D operation in certain subframes (correlating to slots). More specifically, the network node may choose or be adapted to avoid scheduling of D2D operation in the subframes that are or can be used for cell search i.e. for searching cells on a carrier. Information on which these subframes are may be obtained e.g. from signaling by the UE itself and configuring the D2D device by the network node may aim at and/or be performed for avoiding scheduling D2D operation in the subframes that are used by the D2D UE for searching for PSS/SSS of the neighboring cells and/or in which the network node transmits synchronization signals. The reason is avoid D2D interruption taking place during these subframes” and “configuration data may refer to data pertaining to the process of communication and/or nodes of the communication. It may, e.g., include address data referring to a node of the communication and/or data pertaining to the transmission mode and/or spectral configuration and/or frequency and/or coding and/or timing and/or bandwidth as data pertaining to the process of communication or transmission, [0088]-[0091] and [0100] and [0155] and [0178] and [0187] and [0123] and [0165] and [0189]).
Claim(s) 2, 9, 16, 24, is/are rejected under 35 U.S.C. 103 as being unpatentable over Thangarasa, in view of Lu, in further view of Lee et al. (US 11516692)
Regarding claim 2, 9, 16, 24, Thangarasa and Lu fails to disclose sending, by the first wireless device to the second wireless device, a request to establish a connection with the second wireless device; and receiving, by the first wireless device from the second wireless device, a response to the request to establish the connection, wherein the response comprises gap information. However in a similar field of endeavor, Lee discloses sending, by the first wireless device to the second wireless device, a request to establish a connection with the second wireless device; and receiving, by the first wireless device from the second wireless device, a response to the request to establish the connection, wherein the response comprises gap information (receiving a first sidelink control information (SCI) format scheduling a first physical sidelink shared channel (PSSCH) from a second UE (correlating to sending a request to establish a sidelink connection)…transmitting a second SCI format scheduling a second PSSCH to the second UE (correlating to a response to the request)…wherein each of the first SCI format and the second SCI format comprises i) a priority field, ii) resource reservation field, iii) frequency resource location of initial transmission and retransmission field, iv) a time gap between initial transmission and retransmission field, col29 lines 40-65 and col30 lines 25-50 and col7 lines 40-56 and col7 lines 15-25). It 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 to incorporate the concept of communicating a SCI for scheduling a PSSCH (establishing a sidelink connection) in which such information of a time gap is replied as disclosed by Lee into the method for configuring a D2D device for D2D operation as disclosed by Thangarasa and Lu in order to flexibly and efficiently provide a variety of information for D2D operations, such as gap information, in order to improve the system.
Claim(s) 3, 10, 17, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thangarasa, in view of Lu, in further view of Fodor et al. (US 2017/0026939)
Regarding claim 3, 10, 17, 25, Thangarasa and Lu fails to disclose receiving, by the first wireless device from the base station, an indication of a second time interval during which signal transmission between the first wireless device and the second wireless device is allowed. However in a similar field of endeavor, Fodor discloses receiving, by the first wireless device from the base station, an indication of a second time interval during which signal transmission between the first wireless device and the second wireless device is allowed (For wireless devices in a connected mode, a message over a downlink control channel may be used to indicate the transmission resources. In such a signaling message, the base station may include other data associated with the transmission resources; such as the time interval that the transmission resources are, or will continue to be, allocated for D2D traffic, [0041] and page 9 claim 58). It 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 to incorporate the concept of receiving such information as a time interval for allowed sidelink signal transmissions as disclosed by Fodor into the method for configuring a D2D device for D2D operation as disclosed by Thangarasa and Lu in order to flexibly and efficiently provide a variety of information, such as a time interval for disallowed and allowed D2D/sidelink operations, in order to improve the system.
Claim(s) 4, 11, 18, 26, is/are rejected under 35 U.S.C. 103 as being unpatentable over Thangarasa, in view of Lu, in further view of Kwak et al. (US 2021/0385857)
Regarding claim 4, 11, 18, 26, Thangarasa and Lu discloses wherein the time interval comprises a time during which switching for the second wireless device is configured to occur (switching between D2D operation and cellular operation and/or vice versa and no subframes containing PSS/SSS will be lost due to D2D operation within this duration and UE may…be adapted to only allow D2D subframes (subframes in which D2D operation is scheduled and/or performed) to take place only in the subframes that fall outside of X, [0006]-[0007] and [0060]-[0061] and [0099]-[0101] and [0109]-[0112] and [0135] and [0145]). Thangarasa however fails to disclose bandwidth part switching. However in a similar field of endeavor, Kwak discloses bandwidth part switching (UE performing switching from the SL BWP to the Uu BWP may defined and the UE performing switching from the Uu BWP to the SL BWP, [0146] and [0089]). It 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 to incorporate the concept of BWP switching as disclosed by Kwak into the method for configuring a D2D device for D2D operation involving switching between D2D operation and cellular operation as disclosed by Thangarasa and Lu in order to flexibly and efficiently adhere to system parameters, such as bandwidths associated with D2D operation and cellular operation.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thangarasa, in view of Lu, in further view of Kim et al. (US 2012/0320837).
Regarding claim 30, Thangarasa discloses wherein the receiving the indication of the time interval comprises receiving a disallowed time interval indicating one or more subframes of the time interval (the network node may choose to adapt and/or be adapted to adapt the scheduling towards the said UE and/or to configure the UE to avoid scheduling of D2D operation in certain subframes. More specifically, the network node may choose or be adapted to avoid scheduling of D2D operation in the subframes that are or can be used for cell search i.e. for searching cells on a carrier. Information on which these subframes are may be obtained e.g. from signaling by the UE itself and configuring the D2D device by the network node may aim at and/or be performed for avoiding scheduling D2D operation in the subframes that are used by the D2D UE for searching for PSS/SSS of the neighboring cells and/or in which the network node transmits synchronization signals. The reason is avoid D2D interruption taking place during these subframes” and “configuration data may refer to data pertaining to the process of communication and/or nodes of the communication. It may, e.g., include address data referring to a node of the communication and/or data pertaining to the transmission mode and/or spectral configuration and/or frequency and/or coding and/or timing and/or bandwidth as data pertaining to the process of communication or transmission, [0088]-[0091] and [0100] and [0155] and [0178] and [0187] and [0123] and [0165] and [0189]).
Thangarasa fails to disclose wherein the reception gap is outside the one or more subframes. Thangarasa however discloses subframes in which D2D operation is scheduled and/or performed) to take place only in subframes that fall outside of X ([0110]-[0112]). Lu discloses a reception gap (sidelink gaps have been introduced, that is, the network may configure a set of subframes (possibly upon information related to the UE) in which the UE is allowed to prioritize SL transmissions over UL transmissions, [0073] and [0098]). It 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 to incorporate the concept of associating reception gap with subframes allowed for sidelink communications as disclosed by Lu into the method for configuring a D2D device for D2D operation in which a D2D operation are to take place in subframes outside of a cell search sampling window as disclosed by Thangarasa in order to flexibly and efficiently prioritize between SL transmission or cellular transmissions and to have the proper nomenclature.
Thangarasa and Lu fails to disclose a field indicating one or more subframes. Kim however discloses a field indicating one or more subframes (a Time Transmission Interval (TTI) indicator field (long TTI indicator) including information about the number of subframes, [0078]-[0079] and [0074]). It 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 to incorporate the concept of having a field indicating one or more subframes as disclosed by Kim into the method for configuring a D2D device for D2D operation in which information of subframes are obtained from signaling with a UE as disclosed by Thangarasa and Lu in order to flexibly and efficiently provide a UE with the proper information to prioritize between SL transmission or cellular transmissions.
Response to Arguments
Applicant's arguments filed 10/30/2025 have been fully considered but they are not persuasive.
Applicant submits that Thangarasa fails to disclose “receiving, by a first wireless device from a base station, an indication of a time interval during which signal transmission between the first wireless device and a second wireless device is disallowed” and that Thangarasa never discloses that the D2D UE ever receives an indication from a base station (remarks page 9-10). Examiner however respectfully disagrees as Thangarasa discloses “the D2D device (or D2D capable UE) receives a command from the network node to adapt its cell search sampling window and/or D2D scheduling pattern and/or is configured accordingly by the network node (correlating to base station) and the D2D device or UE receiving explicit command and/or configuration data from the network node…configuring the UE to adapt the cell search window and the network node disallows any D2D operation within the cell search sampling duration” ([0108] and [0114] and [0093] and [0100] and [0110]-[0112] and [0049]). Furthermore Thangarasa discloses “the network node may choose to adapt and/or be adapted to adapt the scheduling towards the said UE and/or to configure the UE to avoid scheduling of D2D operation in certain subframes. More specifically, the network node may choose or be adapted to avoid scheduling of D2D operation in the subframes that are or can be used for cell search i.e. for searching cells on a carrier. Information on which these subframes are may be obtained e.g. from signaling by the UE itself and configuring the D2D device by the network node may aim at and/or be performed for avoiding scheduling D2D operation in the subframes that are used by the D2D UE for searching for PSS/SSS of the neighboring cells and/or in which the network node transmits synchronization signals. The reason is avoid D2D interruption taking place during these subframes” and “configuration data may refer to data pertaining to the process of communication and/or nodes of the communication. It may, e.g., include address data referring to a node of the communication and/or data pertaining to the transmission mode and/or spectral configuration and/or frequency and/or coding and/or timing and/or bandwidth as data pertaining to the process of communication or transmission” ([0088]-[0091] and [0100] and [0155] and [0178] and [0187]). Examiner thus correlates such teachings to “receiving, by a first wireless device from a base station, an indication of a time interval during which signal transmission between the first wireless device and a second wireless device is disallowed”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu et al. (US 2019/0281636) disclosing the field may indicate, to the terminal apparatus 1, the number of subframes to be allocated ([0248]).
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/NGUYEN H NGO/Examiner, Art Unit 2473