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 with respect to claims 1-4,6-9,17-24 and 26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 2, 4, 6, 7, 9, 17, 19, 21, 22, 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Kung et al(US 2021/0227465 A1) in view of Cai et al (US 2023/0371005 A1).
Regarding claims 1, 6 and 21, Kung ‘465 teaches, a terminal, comprising a memory, a transceiver, and a processor( [0034], [0035] and Fig. 3-7, UE 300 comprising memory 310, CPU 308 and transceiver 314 )wherein the memory is configured to store a computer program; the transceiver is configured to send and receive data under the control of the processor; the processor is configured to read the computer program in the memory and perform the following operations of( [0034], [0035] and Fig. 3-7, UE 300 comprising memory 310 comprising program code 312 , CPU 308 and transceiver 314 for processing and transmitting messages): obtaining a sidelink destination identity and/or one or more sidelink logical channels ([0400], [0435]-[0438] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission )which are in active time of a sidelink discontinuous transmission on a time domain resource corresponding to a sidelink grant([0400] [0405], [0407] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission based on whether the RxUE associated with the destination identity is active during the sidelink grant( transmit opportunity));
performing resource allocation according to the sidelink destination identity and/or the one or more sidelink logical channels ([0400], [0405], [0407] and Figs. 5-7, the Tx UE allocating the sidelink grant based on destination identity and associated logical channels priority), wherein the active time of sidelink discontinuous transmission comprises: an active time of a sidelink discontinuous reception (DRX) and/or an active time of a sidelink discontinuous transmission (DTX) ([0405], [0407], [0426] and Figs. 5-7, the Tx UE determining active time based on DRX configuration, notice the claim limitation is written in alternative claim limitations thus examiner is required to show only one of the claim limitations).
wherein the obtaining the sidelink destination identity in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant ([0400] [0405], [0407] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission based on whether the RxUE associated with the destination identity is active during the sidelink grant (transmit opportunity)) comprises:
obtaining the sidelink destination identity in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to a second method([0400] [0405], [0407] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission based on whether the RxUE associated with the destination identity is active during the sidelink grant(first condition)); wherein the second method comprises: determining DRX configuration information corresponding to the sidelink destination identity according to a first address([0400] [0405], [0407] and Figs. 5-7, the TX UE obtaining DRX configuration associated with the destination identity);
determining whether the sidelink destination identity is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to the DRX configuration information ([0400] [0405], [0407] and Figs. 5-7, the TX UE selecting destination identity for sidelink transmission based on whether the RxUE associated with the destination identity is active during the sidelink grant);
or
,determining a QoS parameter corresponding to the sidelink logical channel according to the sidelink logical channel corresponding to the sidelink destination identity; determining the DRX configuration information corresponding to the OoS parameter according to the OoS parameter; determining whether the sidelink logical channel is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grantaccording to the DRX configuration information; determining, in a case that at least one sidelink logical channel corresponding to the sidelink destination identity is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant, that the sidelink destination identity is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant(notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Kung ‘465 does not explicitly teach, the first address comprises a combination of a sidelink source identity and the sidelink destination identity.
Cai ‘005 teaches, the first address comprises a combination of a sidelink source identity and the sidelink destination identity ([0357], [0370], [0378], determining whether a sidelink identity is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant based on source and destination pair).
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 Kung ‘465, by incorporating the teaching of Cai ‘005, since such modification would provide a method/system for avoiding a data packet transmission failure and a method of avoiding waste of power consumption at the transmitting terminal, as suggested by Cai ‘005([0005]).
Regarding claims 2, 7 and 22, the combination of Kung ‘465 and Cai ‘005 teaches all of the claim limitations Kung ‘465 further teaches, wherein the obtaining the sidelink destination identity in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant([0400], [0435]-[0438] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission ), comprises:
obtaining the sidelink destination identity in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to a first condition([0400] [0405], [0407] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission based on whether the RxUE associated with the destination identity is active during the sidelink grant(first condition)), wherein the first condition comprises at least one of the following: the sidelink destination identity is in the active time of sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant; or
at least one sidelink logical channel of all the sidelink logical channels corresponding to the sidelink destination identity is in the active time of sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant([0400] [0405], [0407] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission based on whether the RxUE associated with the destination identity is active during the sidelink grant, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claims 4, 9 and 24, the combination of Kung ‘465 and Cai ‘005 teaches all of the claim limitations Kung ‘465 further teaches, wherein the obtaining the sidelink logical channel in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant comprises: obtaining the sidelink logical channel in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to a first method( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel); wherein the first method comprises:
determining DRX configuration information corresponding to the sidelink logical channel according to the sidelink destination identity corresponding to the sidelink logical channel ([0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel, and determining DRX configuration for the logical channel based on the associated destination identity);
determining whether the sidelink logical channel is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to the DRX configuration information; or
determining the DRX configuration information corresponding to the sidelink logical channel according to a quality of service (QoS) parameter corresponding to the sidelink logical channel; determining whether the sidelink logical channel is in the active time of sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to the DRX configuration information( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel, and determining DRX configuration for the logical channel based on the associated destination identity, the DRX configuration indicating whether the logical channel associated with the destination identity is active or not, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claims 17, 19 and 26, the combination of Kung ‘465 and Cai ‘005 teaches all of the claim limitations Kung ‘465 further teaches, wherein the obtaining the sidelink logical channel in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel) comprises: obtaining the sidelink logical channel in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to a first method ( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel) wherein the first method comprises:
determining DRX configuration information corresponding to the sidelink logical channel according to the sidelink destination identity corresponding to the sidelink logical channel( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel, and determining DRX configuration for the logical channel based on the associated destination identity);
determining whether the sidelink logical channel is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to the DRX configuration information; or,
determining the DRX configuration information corresponding to the sidelink logical channel according to a quality of service (QoS) parameter corresponding to the sidelink logical channel; determining whether the sidelink logical channel is in the active time of sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to the DRX configuration information( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel, and determining DRX configuration for the logical channel based on the associated destination identity, the DRX configuration indicating whether the logical channel associated with the destination identity is active or not, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Claims 3, 8, 18, 20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kung ‘465 and Cai ‘005 as applied to claims above, and further in view of Yang (US 2023/0156855 A1).
Regarding claims 3, 8 and 23, the combination of Kung ‘465 and Cai ‘005 teaches all of the claim limitations Kung ‘465 further teaches, wherein after the obtaining the sidelink destination identity in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant, further comprising: selecting a target sidelink logical channel out of the sidelink logical channels corresponding to the sidelink destination identity according to a second condition0400] [0405], [0407] and Figs. 5-7, the TX UE selecting destination identity and one or more sidelink logical channels for sidelink transmission based on whether the RxUE associated with the destination identity is active during the sidelink grant(first condition))
The combination of Kung ‘465 and Cai ‘005 does not explicitly teach, wherein the second condition comprises: the sidelink logical channel is in the active time of sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant.
Yang ‘855 teaches, wherein the second condition comprises: the sidelink logical channel is in the active time of sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant( [0042]-[0044], [0048], when a destination address corresponding to one or more logical channels on which there are data to be transmitted is configured with the DRX parameter and is in a sleeping state, the destination address configured with DRX parameter and being in the sleeping state is ignored in selecting the destination address to avoid transmitting data in the destination address being in the sleeping state).
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 combined communication system of Kung ‘465 and Cai ‘005, by incorporating the teaching of Kung ‘465, since such modification would provide a method for selecting a destination address in sidelink, as suggested by Yang ‘855([0005]).
Regarding claims 18 and 20, the combination of Kung ‘465, Cai ‘005and Yang ‘855 teaches all of the claim limitations Kung ‘465 further teaches, wherein the obtaining the sidelink logical channel in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant comprises: obtaining the sidelink logical channel in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to a first method( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel); wherein the first method comprises: determining DRX configuration information corresponding to the sidelink logical channel according to the sidelink destination identity corresponding to the sidelink logical channel( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel, and determining DRX configuration for the logical channel based on the associated destination identity);
determining whether the sidelink logical channel is in the active time of the sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to the DRX configuration information( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel, and determining DRX configuration for the logical channel based on the associated destination identity, the DRX configuration indicating whether the logical channel associated with the destination identity is active or not, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations); or,
determining the DRX configuration information corresponding to the sidelink logical channel according to a quality of service (QoS) parameter corresponding to the sidelink logical channel; determining whether the sidelink logical channel is in the active time of sidelink discontinuous transmission on the time domain resource corresponding to the sidelink grant according to the DRX configuration information( [0400], [0405] and Figs. 5-7, obtaining logical channels based on priority and destination identity associated with the logical channel, and determining DRX configuration for the logical channel based on the associated destination identity, the DRX configuration indicating whether the logical channel associated with the destination identity is active or not, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
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 AWET A HAILE whose telephone number is (571)270-3114. The examiner can normally be reached Monday through Friday 8:30 AM - 4:30 PM EST.
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, Michael Thier can be reached at (571)272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AWET HAILE/ Primary Examiner, Art Unit 2474
Prosecution Insights