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 .
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-19 in the reply filed on April 3, 2026 is acknowledged. Claims 20-34 have been withdrawn,
Claim Interpretation
Regarding claims 1, 3, 5, 12 and 14 claim limitations “means for confirming”, “means for transmitting” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language (e.g., “for…”) without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1, 3, 5, 12 and 14 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: (see Figs 8-9, specification para [0130]-[0177]).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejection - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 18-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 18, is directed to “A program for executing in a computer or a processor provided in a control apparatus…”. The claim is drawn to a computer program or software per se. Software per se does not fall within any of the four statutory categories of invention (process, machine, manufacture, or composition of matter) and is treated as an abstract idea or a transient, propagation signal. Because the claim merely recites the program code itself without being tied to a specific non-transitory physical structure or medium that constitutes a statutory manufacture or machine, it is patent-ineligible.
Claim 19, is directed to “A program for executing in a computer or a processor provided in a control apparatus…”. The claim is drawn to a computer program or software per se. Software per se does not fall within any of the four statutory categories of invention (process, machine, manufacture, or composition of matter) and is treated as an abstract idea or a transient, propagation signal. Because the claim merely recites the program code itself without being tied to a specific non-transitory physical structure or medium that constitutes a statutory manufacture or machine, it is patent-ineligible.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-3, 5, 9-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wei(US 2016/0128053 A1) in view of Kang et al(US 2020/0229145 A1).
Regarding claims 1 and 17, Wei ‘053 teaches, a system for performing a selection control of a radio-resource assignment control mode when plural radio terminal apparatuses capable of communicating via a base station of a mobile communication network form a group and perform an inter-terminal direct communication([0032], [0075]-[0077], [0083] and Figs. 1-3, a communication system 1 comprising bases station 11 and a plurality of UEs that form D2D group , the UE performing D2D communication which allows direct communication with each other), wherein a radio-resource assignment control mode for assigning radio resources for an inter-terminal direct communication of plural radio terminal apparatuses belonging to the group is selectable from a first mode ([0005]- [0006], [0009], [0013], [0085] and Figs. 5-6, selecting a preconfigured D2D resources (first mode) for D2D discovery and D2D communication when all group member UE are in coverage), a first mode in which the base station assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses ([0005]-[0006], [0009], [0013], [0085] and Figs. 5-6, for in coverage UE the base station allocating the pre-configured D2D resources), and wherein the system comprises:
means for confirming whether or not all the plural radio terminal apparatuses belonging to the group are located in a cell of the base station, and are in a synchronized state in which a radio connection setup with the base station is completed and a downlink and an uplink are synchronized with the base station([0014], [0026], [0090], [0120] and Figs, 8-9, the head UE evaluating the coverage status of the entire group collectively on an all-or-noting basis, i.e. confirming/determining whether the group of UEs are all in coverage or all out of coverage); and
means for transmitting resource control information on the inter-terminal direct communication including a first mode allowable message allowing an operation in the first mode, to the plural radio terminal apparatuses, in case of confirming that all the plural radio terminal apparatuses belonging to the group are in the synchronized state with the base station([0017], [0026], [0027], [0128], [0130] and Figs. 10-11, the head UE evaluating the coverage status of the entire group collectively on an all-or-noting basis, and remitting a resource control message to the entire group based on the all in coverage or out of coverage confirmation. The group head UE broadcasting a message that enables the use of the extension resources for the entire group when confirming that all devices are out of coverage and transmitting another message “disabling” the use of the extension resources if all devices move into coverage).
Wei ‘053 does not explicitly teach, a first mode in which the base station assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses, a second mode, in which any radio terminal apparatus of the plural radio terminal apparatuses assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses.
Kang ‘145 teaches, a first mode in which the base station assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses ([0111]. [0112], [0114] and Fig 6A, sidelink resource grant mode 1 where the base station directly schedules the sidelink resources), a second mode, in which any radio terminal apparatus of the plural radio terminal apparatuses assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses ([0148]- [0151] and Fig. 7A-10B, sidelink resource grant mode 2, where the UE grants the sidelink transmission resources without intervention of the BS),
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Wei ‘053 by incorporating the teaching of Kang ‘145, since such modification would provide an apparatus and method for supporting a vehicle communication service and data transmission, in which required values for high reliability and low latency are achieved by providing a method performed using a direct communication scheme between UEs in a vehicle communication system, as suggested by Kang ‘145([0009]).
Regarding claim 2, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Wei ‘053 further teaches, wherein the resource control information on the inter-terminal direct communication includes group identification information capable of identifying the group or terminal identification information for each of the plural radio terminal apparatuses belonging to the group ([0084], [0128] , the messages communicated from the group head UE comprising D2D group identifier).
Regarding claim 3, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Wei ‘053 further teaches, wherein any one radio terminal apparatus of the plural radio terminal apparatuses belonging to the group([0089]-[0090], [0093], [0128] and Figs. 4, 10, one of the UEs in a device-to-device(D2D) group may be configured to act as a group head)
comprises:
means for confirming whether or not all the plural radio terminal apparatuses belonging to the group are in a synchronized state in which a downlink and an uplink are synchronized with the base station after completing a reception of resource control information on the inter-terminal direct communication([0014], [0026], [0090], [0120] and Figs, 8-9, the head UE evaluating the coverage status of the entire group collectively on an all-or-noting basis, i.e. confirming/determining whether the group of UEs are all in coverage or all out of coverage);
means for transmitting a mode designation message designating the first mode to all the other radio terminal apparatuses, in case of confirming that all radio terminal apparatuses other than the own apparatus of the plural radio terminal apparatuses belonging to the group are in a synchronized state with the base station([0017], [0026], [0027], [0128], [0130] and Figs. 10-11, the head UE evaluating the coverage status of the entire group collectively on an all-or-noting basis, and remitting a resource control message to the entire group based on the all in coverage or out of coverage confirmation. The group head UE broadcasting a message that enables the use of the extension resources for the entire group when confirming that all devices are out of coverage and transmitting another message “disabling” the use of the extension resources if all devices move into coverage).
Wei ‘053 does not explicitly teach, means for confirming whether or not all the other radio terminal apparatuses succeeded in receiving the mode designation message.
Kang ‘145 teaches, means for confirming whether or not all the other radio terminal apparatuses succeeded in receiving the mode designation message([0121] and Fig. 11A, using feedback channel(PSFCH) to transmit ACK/NACK signals to confirm successful reception of transmissions).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Wei ‘053 by incorporating the teaching of Kang ‘145, since such modification would provide an apparatus and method for supporting a vehicle communication service and data transmission, in which required values for high reliability and low latency are achieved by providing a method performed using a direct communication scheme between UEs in a vehicle communication system, as suggested by Kang ‘145([0009]).
Regarding claim 5, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Wei ‘053 further teaches, wherein each of all the plural radio terminal apparatuses belonging to the group ([0089], the determination of whether all devices in a group are out of coverage might be performed by any device of the D2D group), comprising:
means for confirming whether or not all the plural radio terminal apparatuses belonging to the group are in a synchronized state, in which downlink and uplink are synchronized with the base station after completing a reception of the resource control information on the inter-terminal direct communication([0014], [0026], [0089], [0090], [0120] and Figs, 8-9, any of the devices could be (the head UE) evaluating the coverage status of the entire group collectively on an all-or-noting basis, i.e. confirming/determining whether the group of UEs are all in coverage or all out of coverage);
means for transmitting a mode designation message that designates the first mode to all the other radio terminal apparatuses, in case of confirming that all other radio terminal apparatuses other than the own apparatus of the plural radio terminal apparatuses belonging to the group are in the synchronized state with the base station([0017], [0026], [0027], [0128], [0130] and Figs. 10-11, the head UE evaluating the coverage status of the entire group collectively on an all-or-noting basis, and remitting a resource control message to the entire group based on the all in coverage or out of coverage confirmation. The group head UE broadcasting a message that enables the use of the extension resources for the entire group when confirming that all devices are out of coverage and transmitting another message “disabling” the use of the extension resources if all devices move into coverage); and
Wei ‘053 does not explicitly teach, means for confirming whether or not all the other radio terminal apparatuses succeeded in receiving the mode designation message.
Kang ‘145 teaches, means for confirming whether or not all the other radio terminal apparatuses succeeded in receiving the mode designation message ([0121] and Fig. 11A, using feedback channel (PSFCH) to transmit ACK/NACK signals to confirm successful reception of transmissions).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Wei ‘053 by incorporating the teaching of Kang ‘145, since such modification would provide an apparatus and method for supporting a vehicle communication service and data transmission, in which required values for high reliability and low latency are achieved by providing a method performed using a direct communication scheme between UEs in a vehicle communication system, as suggested by Kang ‘145([0009]).
Regarding claim 9, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Wei ‘053 further teaches, wherein the group is fixedly formed by the plural radio terminal apparatuses predetermined in advance, or formed ad-hoc by plural radio terminal apparatuses located in close proximity each other ([0084], UE might request establishing f a D2D group or join an existing D2D group).
Regarding claim 10, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Wei ‘053 further teaches, wherein the second mode is selected as the initial radio-resource assignment control mode ([0014], [0090]-[0091], when confirming that all devices are out of coverage using the second mode as initial communication).
Regarding claim 11, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Wei ‘053 further teaches, wherein the radio terminal apparatus is provided in each of plural vehicles that form the group and run on a moving path ([0054], [0091], a vehicle-to-vehicle communication between two vehicles moving path).
Regarding claims 12 and 19, Wei ‘053 teaches, a radio terminal apparatus that can communicate via a base station of a mobile communication network, forms a group with one or more neighboring radio terminal apparatuses and performs an inter-terminal direct communication ([0032], [0075]-[0077]. [0083] and Figs 1-4, a plurality of UEs that form a device-to-device group to perform direct communication), the radio terminal apparatus comprising:
means for confirming whether or not all the plural radio terminal apparatuses belonging to the group are in a synchronized state in which downlink and uplink are synchronized with the base station after completing a reception of resource control information on the inter-terminal direct communication ([0014], [0090], [0120] and Fig. 9, a group head UE determines whether all devices of the device-to-device group are out of coverage of the cellular communication network);
means for transmitting a mode designation message designating the first mode to all the other radio terminal apparatuses, in case of confirming that all the other radio terminal apparatuses other than the own apparatus of the plural radio terminal apparatuses belonging to the group are in the synchronized state with the base station([0017], [0091], [0128] and Fig. 10, a group head UE transmits an enabling message to the device to device group if all devices are confirmed to meet the coverage condition).
Wei ‘053 does not explicitly teach, confirming the synchronized state after completing a reception of resource control information on the inter-terminal direct communication; the first mode, means for confirming whether or not all the other radio terminal apparatuses succeeded in receiving the mode designation message.
Kang ‘145 teaches, confirming the synchronized state after completing a reception of resource control information on the inter-terminal direct communication([0112]-[0114]UE receiving resource control information(RRC signaling) from the base station for sidelink configuration); the first mode( [0111], [0112] , sidelink resource grant mode 1 where the base station schedules resources), means for confirming whether or not all the other radio terminal apparatuses succeeded in receiving the mode designation message([0121] and Fig. 11A, using feedback channel(PSFCH) to transmit ACK/NACK signals to confirm successful reception of transmissions).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Wei ‘053 by incorporating the teaching of Kang ‘145, since such modification would provide an apparatus and method for supporting a vehicle communication service and data transmission, in which required values for high reliability and low latency are achieved by providing a method performed using a direct communication scheme between UEs in a vehicle communication system, as suggested by Kang ‘145([0009]).
Regarding claim 13, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Wei ‘053 further teaches, a vehicle of grouping with other vehicles and running on a moving path, comprising: the radio terminal apparatus according to claim 12 ([0054], [0091], a vehicle-to-vehicle communication between two vehicles moving a in path).
Regarding claims 14 and 18, Wei ‘053 teaches, a control apparatus for performing a selection control of a radio-resource assignment control mode when plural radio terminal apparatus capable of communicating via a base station of a mobile communication network form a group and perform an inter-terminal direct communication [(0032], [0083], [0089]-[0090] and Figs. 1-4, a group head UE that manages resource control for a device-to-device group),
wherein a radio-resource assignment control mode for assigning radio resources for an inter-terminal direct communication of plural radio terminal apparatuses belonging to the group is selectable from a first mode([0005]-[0006], [0009], [0013], [0085] and Figs. 5-6, selecting a preconfigured D2D resources( first mode) for D2D discovery and D2D communication when all group member UE are in coverage), in which the base station assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses([0005]-[0006], [0009], [0013], [0085] and Figs. 5-6, for in coverage UE the base station allocating the pre configured D2D resources wherein the system comprises:
means for confirming whether or not all the plural radio terminal apparatuses belonging to the group are located in a cell of the base station, and are in a synchronized state in which a radio connection setup with the base station is completed and a downlink and an uplink are synchronized with the base station([0014], [0026], [0090], [0120] and Figs, 8-9, the head UE evaluating the coverage status of the entire group collectively on an all-or-noting basis, i.e. confirming/determining whether the group of UEs are all in coverage or all out of coverage); and
means for transmitting resource control information on the inter-terminal direct communication including a first mode allowable message allowing an operation in the first mode, to the plural radio terminal apparatuses, in case of confirming that all the plural radio terminal apparatuses belonging to the group are in the synchronized state with the base station([0017], [0026], [0027], [0128], [0130] and Figs. 10-11, the head UE evaluating the coverage status of the entire group collectively on an all-or-noting basis, and remitting a resource control message to the entire group based on the all in coverage or out of coverage confirmation. The group head UE broadcasting a message that enables the use of the extension resources for the entire group when confirming that all devices are out of coverage and transmitting another message “disabling” the use of the extension resources if all devices move into coverage).
Kang ‘145 teaches, a first mode in which the base station assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses([0111]. [0112], [0114] and Fig 6A, sidelink resource grant mode 1 where the base station directly schedules the sidelink resources), a second mode, in which any radio terminal apparatus of the plural radio terminal apparatuses assigns radio resources for the inter-terminal direct communication of the plural radio terminal apparatuses ([0148]- [0151] and Fig. 7A-10B, sidelink resource grant mode 2, where the UE grants the sidelink transmission resources without intervention of the BS).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Wei ‘053 by incorporating the teaching of Kang ‘145, since such modification would provide an apparatus and method for supporting a vehicle communication service and data transmission, in which required values for high reliability and low latency are achieved by providing a method performed using a direct communication scheme between UEs in a vehicle communication system, as suggested by Kang ‘145([0009]).
Regarding claim 16, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations, Kang ‘145 further teaches, a base station of a mobile communication network, comprising: the control apparatus according to claim 14([0111]. [0112], [0114] and Fig 6A, base station 11 sidelink resource grant mode 1 where the base station directly schedules the sidelink resources).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wei ‘053 and Kang ‘145 as applied to claims above, and further in view of Wang et al(2022/0022228 A1).
Regarding claim 15, the combination of Wei ‘053 and Kang ‘145 teaches all the claim limitations except, wherein the control apparatus is a CU (Central Unit) or a MEC (Multi-access Edge Computing) apparatus, which is provided in a base station of a mobile communication network or a node between the base station and a core network, or outside the core network.
Wang ‘228 teaches, wherein the control apparatus is a CU (Central Unit) or a MEC (Multi-access Edge Computing) apparatus, which is provided in a base station of a mobile communication network or a node between the base station and a core network, or outside the core network ([0040], [0053], [0067] and Figs. 1, 3-6, CU integrated in gNB, confirming connection of UE and allocating resources for sidelink communication).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Wei ‘053 by incorporating the teaching of Wang ‘228, since such modification would enable resource configuration for vehicle to everything (V2X) communication, as suggested by Wang ‘228([0005]).
Allowable Subject Matter
Claims 4 and 6-8 are 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.
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/AWET HAILE/ Primary Examiner, Art Unit 2474
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