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
In response to the Restriction Requirement, Applicants elect Group II (corresponding to claims 26, 28, 29, and 31-33) without traverse dated 02/25/2026 is acknowledged.
Claims 26, 28, 29 and 31 – 51 are pending.
Claim Rejections - 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 40 – 45 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter, which does not fall into one of the categories of “process”, “machine”, “manufacture”, or “composition of matter”. Referring to claims 40 - 45, it recites the limitation “a computer-readable medium”. The broadest reasonable interpretation of a claim drawn to a computer readable medium covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. Under the broadest reasonable interpretation of the claim when read in light of the specification, the claim is directed to non-statutory subject matter. A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C § 101 by amending the claim to recite “a non-transitory computer-readable medium.” Refer to MPEP 2106.03 (II).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 31, 37, 43 and 49 are rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 31, 37, 43 and 49 recite the features of “receive, from the base station, the LCP configuration; and communicate with the wireless device based on the allocated resources” which do not further limit the subject matter of the claim upon which they depend. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 26, 31, 34, 37, 40, 43, 46 and 49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al. (Pub. No.: US 2020/0344771; hereinafter Kang).
Regarding claim 26, Kang discloses an apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory and configured (see Fig. 12, para. 0291 – 0293, a terminal 1200 includes a controller 1220 (ex: at least one processor) coupled to a memory 1230) to: receive, from a base station, a logical channel prioritization (LCP) configuration (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station); allocate resources for sidelink transmission based on the LCP configuration (see abstract, para. 0010, allocating sidelink resources to at least one logical channel corresponding to the destination based on the sl-priority configured for each of the at least one logical channel corresponding to the destination), wherein allocated resources for the sidelink transmission are comprised of shared pool of resources or dedicated pool of resources (see para. 0237 – 0245, the SL resource pool may be operated according to one or a combination of (1) to (5), …The SL resource pool may include default configurations, terminal-specific configurations, cell-specific configurations…); and communicate with a wireless device based on allocated resources (see abstract, para. 0010, to communicate to another UE using the sidelink resources).
Regarding claim 31, Kang discloses further comprising a transceiver coupled to the at least one processor, the transceiver configured to: receive, from the base station, the LCP configuration; and communicate with the wireless device based on the allocated resources (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station…to communicate to another UE using the sidelink resources).
Regarding claim 34, Kang discloses a method at a user equipment (UE) (see Fig. 12, terminal 1200), comprising: receiving, from a base station, a logical channel prioritization (LCP) configuration (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station); allocating resources for sidelink transmission based on the LCP configuration (see abstract, para. 0010, allocating sidelink resources to at least one logical channel corresponding to the destination based on the sl-priority configured for each of the at least one logical channel corresponding to the destination), wherein allocated resources for the sidelink transmission are comprised of shared pool of resources or dedicated pool of resources (see para. 0237 – 0245, the SL resource pool may be operated according to one or a combination of (1) to (5), …The SL resource pool may include default configurations, terminal-specific configurations, cell-specific configurations…); and communicating with a wireless device based on allocated resources (see abstract, para. 0010, to communicate to another UE using the sidelink resources).
Regarding claim 37, Kang discloses further comprising: receiving, from the base station, the LCP configuration; and communicating with the wireless device based on the allocated resources (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station…to communicate to another UE using the sidelink resources).
Regarding claim 40, Kang discloses a computer-readable medium storing computer executable code at a user equipment (UE), the code when executed by at least one processor causes the at least one processor (see Fig. 12, para. 0291 – 0293, a terminal 1200 includes a controller 1220 (ex: at least one processor) coupled to a memory 1230 for storing programs to be executed…) to: receive, from a base station, a logical channel prioritization (LCP) configuration (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station); allocate resources for sidelink transmission based on the LCP configuration (see abstract, para. 0010, allocating sidelink resources to at least one logical channel corresponding to the destination based on the sl-priority configured for each of the at least one logical channel corresponding to the destination), wherein allocated resources for the sidelink transmission are comprised of shared pool of resources or dedicated pool of resources (see para. 0237 – 0245, the SL resource pool may be operated according to one or a combination of (1) to (5), …The SL resource pool may include default configurations, terminal-specific configurations, cell-specific configurations…); and communicate with a wireless device based on allocated resources (see abstract, para. 0010, to communicate to another UE using the sidelink resources).
Regarding claim 43, Kang discloses the code when executed by at least one processor causes the at least one processor to: receive, from the base station, the LCP configuration; and communicate with the wireless device based on the allocated resources (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station…to communicate to another UE using the sidelink resources).
Regarding claim 46, Kang discloses an apparatus for wireless communication at a user equipment (UE) (see Fig. 12, para. 0291 – 0293, a terminal 1200 includes a controller 1220 (ex: at least one processor) coupled to a memory 1230 and a transceiver 1210), comprising: means for receiving, from a base station, a logical channel prioritization (LCP) configuration (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station); means for allocating resources for sidelink transmission based on the LCP configuration (see abstract, para. 0010, allocating sidelink resources to at least one logical channel corresponding to the destination based on the sl-priority configured for each of the at least one logical channel corresponding to the destination), wherein allocated resources for the sidelink transmission are comprised of shared pool of resources or dedicated pool of resources (see para. 0237 – 0245, the SL resource pool may be operated according to one or a combination of (1) to (5), …The SL resource pool may include default configurations, terminal-specific configurations, cell-specific configurations…); and means for communicating with a wireless device based on allocated resources (see abstract, para. 0010, to communicate to another UE using the sidelink resources).
Regarding claim 49, Kang discloses further comprising: means for receiving, from the base station, the LCP configuration; and means for communicating with the wireless device based on the allocated resources (see abstract, para. 0010 – 0011, obtaining sidelink logical channel configuration information corresponding to a logical channel and including a sidelink logical channel priority (sl-priority) parameter from a base station…to communicate to another UE using the sidelink resources).
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.
Claims 28, 29, 32, 33, 35, 36, 38, 39, 41, 42, 44, 45, 47, 48, 50 and 51 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (Pub. No.: US 2020/0344771; hereinafter Kang) in view of Hoang et al. (Pub. No.: US 2023/0284206; hereinafter Hoang).
Kang does not disclose the claimed features as recited in claims 28, 29, 32, 33, 35, 36, 38, 39, 41, 42, 44, 45, 47, 48, 50 and 51.
Regarding claim 28, Hoang discloses wherein logical channels corresponding to discovery signaling are transmitted separate from non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0068, Discovery data with a high priority may be transmitted alone, para. 0105, a WTRU may be (pre)configured with one or more (e.g., multiple) dedicated resource pools for a discovery transmission).
Regarding claim 29, Hoang discloses wherein the dedicated pool of resources comprising discovery logical channels are prioritized over the shared pool of resources comprising non- discovery logical channels (see para. 0097, 0105, 0248, a discovery message may be transmitted in a dedicated discovery resource pool…The WTRU may determine which resource pool(s) to use for discovery transmission based on the QoS of a relay service and/or the QoS of a discovery message. For example, a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
Regarding claim 32, Hoang discloses wherein logical channels corresponding to discovery signaling are not multiplexed with non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0242, discovery data may be transmitted alone and not multiplexed with other data…where one or more dedicated resource pools for discovery transmission).
Regarding claim 33, Hoang discloses wherein to allocate the resources for the sidelink transmission, the at least one processor is configured to: prioritize a selection of the dedicated pool of resources having discovery logical channels over the shared pool of resources having non-discovery logical channels (see para. 0071, A WTRU may prioritize transmissions among different resource pools, for example, based on a QoS of a message and a (pre)configured priority of a resource pool, para. 0097, 0105, 0248, a discovery message may be transmitted in one or more dedicated discovery resource pools…a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
Regarding claim 35, Hoang discloses wherein logical channels corresponding to discovery signaling are transmitted separate from non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0068, Discovery data with a high priority may be transmitted alone, para. 0105, a WTRU may be (pre)configured with one or more (e.g., multiple) dedicated resource pools for a discovery transmission).
Regarding claim 36, Hoang discloses wherein the dedicated pool of resources comprising discovery logical channels are prioritized over the shared pool of resources comprising non-discovery logical channels (see para. 0097, 0105, 0248, a discovery message may be transmitted in a dedicated discovery resource pool…The WTRU may determine which resource pool(s) to use for discovery transmission based on the QoS of a relay service and/or the QoS of a discovery message. For example, a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
Regarding claim 38, Hoang discloses wherein logical channels corresponding to discovery signaling are not multiplexed with non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0242, discovery data may be transmitted alone and not multiplexed with other data…where one or more dedicated resource pools for discovery transmission).
Regarding claim 39, Hoang discloses wherein allocating the resources for the sidelink transmission further comprises: prioritizing a selection of the dedicated pool of resources having discovery logical channels over the shared pool of resources having non-discovery logical channels (see para. 0071, A WTRU may prioritize transmissions among different resource pools, for example, based on a QoS of a message and a (pre)configured priority of a resource pool, para. 0097, 0105, 0248, a discovery message may be transmitted in one or more dedicated discovery resource pools…a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
Regarding claim 41, Hoang discloses wherein logical channels corresponding to discovery signaling are transmitted separate from non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0068, Discovery data with a high priority may be transmitted alone, para. 0105, a WTRU may be (pre)configured with one or more (e.g., multiple) dedicated resource pools for a discovery transmission).
Regarding claim 42, Hoang discloses wherein the dedicated pool of resources comprising discovery logical channels are prioritized over the shared pool of resources comprising non-discovery logical channels (see para. 0097, 0105, 0248, a discovery message may be transmitted in a dedicated discovery resource pool…The WTRU may determine which resource pool(s) to use for discovery transmission based on the QoS of a relay service and/or the QoS of a discovery message. For example, a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
Regarding claim 44, Hoang discloses wherein logical channels corresponding to discovery signaling are not multiplexed with non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0242, discovery data may be transmitted alone and not multiplexed with other data…where one or more dedicated resource pools for discovery transmission).
Regarding claim 45, Hoang discloses wherein to allocate the resources for the sidelink transmission, the at least one processor is further configured to: prioritize a selection of the dedicated pool of resources having discovery logical channels over the shared pool of resources having non-discovery logical channels (see para. 0071, A WTRU may prioritize transmissions among different resource pools, for example, based on a QoS of a message and a (pre)configured priority of a resource pool, para. 0097, 0105, 0248, a discovery message may be transmitted in one or more dedicated discovery resource pools…a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
Regarding claim 47, Hoang discloses wherein logical channels corresponding to discovery signaling are transmitted separate from non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0068, Discovery data with a high priority may be transmitted alone, para. 0105, a WTRU may be (pre)configured with one or more (e.g., multiple) dedicated resource pools for a discovery transmission).
Regarding claim 48, Hoang discloses wherein the dedicated pool of resources comprising discovery logical channels are prioritized over the shared pool of resources comprising non- discovery logical channels (see para. 0097, 0105, 0248, a discovery message may be transmitted in a dedicated discovery resource pool…The WTRU may determine which resource pool(s) to use for discovery transmission based on the QoS of a relay service and/or the QoS of a discovery message. For example, a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
Regarding claim 50, Hoang discloses wherein logical channels corresponding to discovery signaling are not multiplexed with non-discovery logical channels in the dedicated pool of resources (see abstract, para. 0242, discovery data may be transmitted alone and not multiplexed with other data…where one or more dedicated resource pools for discovery transmission).
Regarding claim 51, Hoang discloses wherein the means for allocating the resources for the sidelink transmission further comprises: means for prioritizing a selection of the dedicated pool of resources having discovery logical channels over the shared pool of resources having non-discovery logical channels (see para. 0071, A WTRU may prioritize transmissions among different resource pools, for example, based on a QoS of a message and a (pre)configured priority of a resource pool, para. 0097, 0105, 0248, a discovery message may be transmitted in one or more dedicated discovery resource pools…a WTRU transmitting and/or relaying data over an LCH with a specific priority may chose a dedicated resource pool over a shared resource pool).
It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Kang, and have the features, as taught by Hoang, to use sidelink-based relaying functionality to support sidelink/network coverage extension and power efficiency improvement, e.g., for a wide range of applications and services, as discussed by Hoang (para. 0077).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh Ngoc M Nguyen whose telephone number is (571) 270-5139. The examiner can normally be reached on Monday to Friday, from 7:30 am to 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang Bin Yao can be reached on ((571) 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANH NGOC M NGUYEN/Primary Examiner, Art Unit 2473
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