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 is in response to an amendment/response filed on February 23,2026.
Claims 1-10,13,16,18-21,23, and 27 have been amended.
Claims 14,22,24-26,28-33 have been cancelled.
No Claims have been added.
Claims 1-13,15-21,23, and 27 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 7-8, filed February 23, 2026, with respect to the rejection(s) of claim(s) 1,7,10,15-19,21,23,and 27 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Khoryaev et al. (US Application 2020/0229171, hereinafter Khoryaev) which discloses determining a duration of a sensing window using i) a packet delay budget (PDB) associated with the data and/or ii) a priority associated with the data([0121]-[0132], [0157]-[0159]); after determining the duration of the sensing window([0121]-[0132], [0157]-[0159]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-13,15-21,23, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over He in view of Khoryaev et al. (US Application 2020/0229171, hereinafter Khoryaev) .
Regarding claim 1, He discloses a method (Figs. 5 9,39) of performing a transmission on a sidelink, (SL) (fig. 5) from a transmitting radio device (501) to one or more receiving radio devices (502), the method comprising:
obtaining data for transmission on the SL([0490],[0499], which recites the resources in step 3902 for the periodic traffic are determined by a resource reservation interval, and wherein the resources for the aperiodic traffic are determined based on a channel occupancy time. The UE decodes sidelink control information (SCI) from the information included in the signals);
sensing a channel of the SL during a sensing window wherein a duration of the sensing window depends on a transmission requirement associated with the data([0500]-[0501], which recites the UE performs, over a sensing window, a signal measurement of the received signals. the UE identifies a resource selection window based on a latency requirement. In one embodiment, the latency requirement in step 3908 is configured by a network entity using a higher layer signaling or pre-determined by the first UE); and
based on a result of the sensing of the channel during the sensing window, selecting resources of the channel in a resource selection window for the transmission of the data([0502]-[0503], which recites he UE reserves the resources in a frequency and time domain for the at least one of aperiodic traffic or periodic traffic based on the decoded SCI and a result of the signal measurement, the resources being identified within a resource selection window).
He does not explicitly disclose determining a duration of a sensing window using i) a packet delay budget (PDB) associated with the data and/or ii) a priority associated with the data; after determining the duration of the sensing window.
However, Khoryaev teaches determining a duration of a sensing window using i) a packet delay budget (PDB) associated with the data and/or ii) a priority associated with the data([0121]-[0132], [0157]-[0159]); after determining the duration of the sensing window([0121]-[0132], [0157]-[0159]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as determining a duration of a sensing window using i) a packet delay budget (PDB) associated with the data and/or ii) a priority associated with the data; after determining the duration of the sensing window as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claims 23, 27, He discloses a radio device (Figs. 2-3, 5 9,39) for performing a transmission on a sidelink, SL (fig. 5), from the transmitting radio device (501) to one or more receiving radio devices (502), the radio device comprising memory (230, 360) operable to store instructions and processing circuitry (225,340) operable to execute the instructions, such that the radio device is operable to:
obtain data for transmission on the SL (Abstract, [0015]-[0017],[0503], which recites the UE transmits, to the second UE via the sidelink, the at least one of aperiodic traffic or periodic traffic using the reserved resources); and
based on a result of the sensing of the channel during the sensing window ,select resources of the channel in a resource selection window for the transmission of the data([0502]-[0503], which recites he UE reserves the resources in a frequency and time domain for the at least one of aperiodic traffic or periodic traffic based on the decoded SCI and a result of the signal measurement, the resources being identified within a resource selection window).
He does not explicitly disclose determining a duration of a sensing window using i) a packet delay budget (PDB) associated with the data and/or ii) a priority associated with the data; after determining the duration of the sensing window.
However, Khoryaev teaches determining a duration of a sensing window using i) a packet delay budget (PDB) associated with the data and/or ii) a priority associated with the data([0121]-[0132], [0157]-[0159]); after determining the duration of the sensing window([0121]-[0132], [0157]-[0159]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as determining a duration of a sensing window using i) a packet delay budget (PDB) associated with the data and/or ii) a priority associated with the data; after determining the duration of the sensing window as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 2, He discloses the method of claim 1 above, except wherein determining the duration of the sensing window comprises determining the duration using the PDB associated with the data.
However, Khoryaev teaches determining the duration of the sensing window comprises determining the duration using the PDB associated with the data ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as determining the duration of the sensing window comprises determining the duration using the PDB associated with the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 3, He discloses the method of claim 2 above, except determining the duration of the sensing window comprises determining the duration using the PDB associated with the data.
However, Khoryaev teaches determining the duration of the sensing window comprises determining the duration using the PDB associated with the data ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as determining the duration of the sensing window comprises determining the duration using the PDB associated with the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 4, He discloses the method of claim 1 above, except wherein the resources of the channel are selected in the resource selection window prior to expiry of the PDB for the transmission of the data.
However, Khoryaev teaches wherein the resources of the channel are selected in the resource selection window prior to expiry of the PDB for the transmission of the data([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein the resources of the channel are selected in the resource selection window prior to expiry of the PDB for the transmission of the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 5, He discloses the method of claim 4, wherein the resource selection window starts prior to the end of the full sensing window depending on the transmission requirement ([0490]-[0503]).
Regarding claim 6, He discloses the method of claim 2 above, except wherein the duration of the sensing window depends on a time period remaining until the expiry of the PDB.
However, Khoryaev teaches wherein the duration of the sensing window depends on a time period remaining until the expiry of the PDB ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein the duration of the sensing window depends on a time period remaining until the expiry of the PDB as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 7, He discloses the method of claim 1, wherein the transmitting radio device determines the duration of the sensing window to be equal to or greater than a minimum duration that depends on the transmission requirement([0490]-[0503]).
He does not disclose the PDB budget associated with the data and/or the priority associated with the data.
However, Khoryaev teaches the PDB budget associated with the data and/or the priority associated with the data ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as the PDB budget associated with the data and/or the priority associated with the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 8, He discloses the method of claim 2 above, except wherein the transmitting radio device determines the duration of the sensing window to be equal to or greater than a minimum duration that depends on the PDB , optionally wherein the minimum duration of the sensing window depends on a time period remaining until the expiry of the PDB.
However, Khoryaev teaches wherein the transmitting radio device determines the duration of the sensing window to be equal to or greater than a minimum duration that depends on the PDB , optionally wherein the minimum duration of the sensing window depends on a time period remaining until the expiry of the PDB ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein the transmitting radio device determines the duration of the sensing window to be equal to or greater than a minimum duration that depends on the PDB , optionally wherein the minimum duration of the sensing window depends on a time period remaining until the expiry of the PDB as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 9, He discloses the method of claim 2 above, except wherein the transmitting radio device determines the duration of the sensing window to be equal to or less than a maximum duration that depends on the PDB.
However, Khoryaev teaches wherein the transmitting radio device determines the duration of the sensing window to be equal to or less than a maximum duration that depends on the PDB ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein the transmitting radio device determines the duration of the sensing window to be equal to or less than a maximum duration that depends on the PDB as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 10, He discloses the method of claim 1, wherein a duration of the resource selection window depends on the transmission requirement([0490]-[0503]).
Regarding claim 11, He discloses the method of claim 1 above, except wherein a duration of the resource selection window depends on the PDB , optionally wherein the duration depends on a time period remaining until the expiry of the PDB.
However, Khoryaev teaches wherein a duration of the resource selection window depends on the PDB , optionally wherein the duration depends on a time period remaining until the expiry of the PDB([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein a duration of the resource selection window depends on the PDB , optionally wherein the duration depends on a time period remaining until the expiry of the PDB as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 12, He discloses the method of claim 11 above, except wherein the transmitting radio device determines the duration of the resource selection window to be equal to or greater than a minimum duration that depends on the PDB , and/or wherein the transmitting radio device determines the duration of the resource selection window to be equal to or less than a maximum duration that depends on the PDB.
However, Khoryaev teaches wherein the transmitting radio device determines the duration of the resource selection window to be equal to or greater than a minimum duration that depends on the PDB , and/or wherein the transmitting radio device determines the duration of the resource selection window to be equal to or less than a maximum duration that depends on the PDB ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein the transmitting radio device determines the duration of the resource selection window to be equal to or greater than a minimum duration that depends on the PDB , and/or wherein the transmitting radio device determines the duration of the resource selection window to be equal to or less than a maximum duration that depends on the PDB as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 13, He discloses the method of claim 2 above, except wherein the sum of the duration of the sensing window and a duration of the resource selection window is equal to or less than a time period remaining until expiry of the PDB.
However, Khoryaev teaches wherein the sum of the duration of the sensing window and a duration of the resource selection window is equal to or less than a time period remaining until expiry of the PDB ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein the sum of the duration of the sensing window and a duration of the resource selection window is equal to or less than a time period remaining until expiry of the PDB as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 15, He discloses the method of claim 1, wherein the method is performed by the transmitting radio device([0490]-[0503]).
Regarding claim 16, He discloses the method of claim 1, further comprising or initiating: receiving a control message at the transmitting radio device , the control message being indicative of the transmission requirement([0490]-[0503]).
However, Khoryaev teaches the PDB budget associated with the data and/or the priority associated with the data ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as the PDB budget associated with the data and/or the priority associated with the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 17, He discloses the method of claim 16, wherein the control message is received from a network node of a radio access network, RAN, serving the transmitting radio device , or wherein the control message is received from one or more of the receiving radio devices ([0490]-[0503]).
Regarding claim 18, He discloses the method of claim 1, wherein the duration of the sensing window is determined depending on the transmission requirement so that at least a minimum duration of the resource selection window (430) required to perform the resource selection is achieved([0490]-[0503]).
However, Khoryaev teaches the PDB budget associated with the data and/or the priority associated with the data ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as the PDB budget associated with the data and/or the priority associated with the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 19, He discloses the method of claim 1,wherein the transmission requirement comprises or is indicative of a re-evaluation operation or a pre-emption operation([0490]-[0503]).
However, Khoryaev teaches the PDB budget associated with the data and/or the priority associated with the data ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as the PDB budget associated with the data and/or the priority associated with the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 20, He discloses the method of claim 1 above, except wherein the transmission requirement comprises or is indicative of at least one of a priority of the data, a latency requirement of the data, a PDB of the data, a time remaining until expiry of the PDB , a duration of the resource selection window , a minimum of the duration of the resource selection window required by the transmitting radio device for performing the selecting step.
However, Khoryaev teaches wherein the transmission requirement comprises or is indicative of at least one of a priority of the data, a latency requirement of the data, a PDB of the data, a time remaining until expiry of the PDB , a duration of the resource selection window , a minimum of the duration of the resource selection window required by the transmitting radio device for performing the selecting step ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as wherein the transmission requirement comprises or is indicative of at least one of a priority of the data, a latency requirement of the data, a PDB of the data, a time remaining until expiry of the PDB , a duration of the resource selection window , a minimum of the duration of the resource selection window required by the transmitting radio device for performing the selecting step as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Regarding claim 21, He discloses the method of claim 1,wherein the transmission requirement comprises or is indicative of parameters related to at least one of the data, the transmission of the data, and the channel of the SL([0490]-[0503]).
However, Khoryaev teaches the PDB budget associated with the data and/or the priority associated with the data ([0129],[0157]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Khoryaev with the teaching of He by using the above features such as the PDB budget associated with the data and/or the priority associated with the data as taught by Khoryaev for the purpose of including a sensing window design and techniques for selecting resources and transmitting resource reservation information(Abstract).
Conclusion
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 DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 5pm.
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/DADY CHERY/Primary Examiner, Art Unit 2461
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