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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21-31,34-36 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Osawa et al. (US Application 2021/0321421, hereinafter Osawa).
Regarding claims 21, 34-36, Osawa discloses a method, a non-transitory computer-readable storage medium (Figs. 1,3-5, 8) for performing, by a first device, wireless communication, the method comprising:
one or more memories (1002,1003) storing instructions; one or more transceivers(1004,1005,1006); and one or more processors(1001) connected to the one or more memories and the one or more transceivers, wherein the one or more processors execute the instructions ([0085], which recites each of the base station apparatus 10 and the user equipment 20 may be physically configured as a computer device including a processor 1001, a storage device 1002, an auxiliary storage device 1003, a communication device 1004, an input device 1005, an output device 1006, a bus 1007, and the like) to:
triggering a resource selection procedure for performing a new radio (NR) sidelink (SL) transmission(as shown on fig. 3, and described on [0052] a NR Sidelink resource is trigger);
determining a candidate resource set for the resource selection procedure(Abstract, [0009], which recites candidate sidelink resource as claimed by the instance application);
receiving long term evolution (LTE) sidelink control information (SCI), transmitted by an LTE SL device, based on sensing for the resource selection procedure([0063], which recites transmitting or receiving LTE SCI selection based on sensing the resource);
obtaining information related to at least one LTE SL resource selected to be used for an LTE SL transmission of the LTE SL device and information related to a priority of the LTE SL transmission, based on the LTE SCI([0054]-[0055], which recites obtaining the LTE SL information related to priority);
obtaining information related to a priority of the NR SL transmission([0054]-[0055], which recites obtaining the LTE SL information related to priority);
excluding at least one NR SL candidate resource in an NR SL slot overlapping with the at least one LTE SL resource from the candidate resource set, based on the priority of the LTE SL transmission being higher than the priority of the NR SL transmission([0054]-[0055], which recites LTE is given a priority, the Tx of LTE-SL may be given a priority, and some resources of the Rx of NR-SL including a part overlapping in the time domain may be excluded from a reception target); and selecting a transmission resource from the candidate resource set from which the at least one NR SL candidate resource is excluded([0054]-[0055], which recites the selection of candidate resource as claimed by the instant application).
Regarding claim 22, Osawa discloses the method of claim 21, wherein integer M1 resources including the at least one NR SL candidate resource, which are adjacent to the at least one LTE SL resource and a frequency of the at least one LTE SL resource are excluded from the candidate resource set([0054]-[0055]).
Regarding claim 23, Osawa discloses the method of claim 22, further comprising: obtaining LTE SL SCS based on the LTE SCI; obtaining NR SL SCS related to the NR SL transmission; generating an LTE SL bin based on the LTE SL SCS; generating an NR SL bin based on the NR SL SCS; and determining the M1 resources based on the LTE SL bin and the NR SL bin, wherein at least one resource related to the LTE SL bin is included in the M1 resources, based on the LTE SL bin and the NR SL bin overlapping([0051]-[0053],[0062]).
Regarding claim 24, Osawa discloses the method of claim 22, wherein integer N1 resources including the at least one NR SL candidate resource, which are adjacent to the at least one LTE SL resource and a time of the at least one LTE SL resource are excluded from the candidate resource set, wherein the N1 resources include integer N2 resources preceding the at least one LTE SL resource and integer N3 resources following the at least one LTE SL resource, and wherein the N1 is sum of the N2 and the N3(Figs 3,4,[0053]-[0058]).
Regarding claim 25, Osawa discloses the method of claim 24, wherein the N2 is configured for each SCS related to the NR SL transmission(Figs 3,4,[0053]-[0058]).
26. (New) The method of claim 24, wherein the N2 and the N3 are different(Figs 3,4,[0053]-[0058]).
Regarding claim 27, Osawa discloses the method of claim 22, wherein the M1 resources include integer M2 resources with higher frequencies than the frequency of the at least one LTE SL resource and integer M3 resource with lower frequencies than the frequency of the at least one LTE SL resource, and wherein the M1 is sum of the M2 and the M3(Figs 3,4,[0053]-[0058]).
Regarding claim 28, Osawa discloses the method of claim 27, wherein the M2 and the M3 are different(Figs 3,4,[0053]-[0058]).
Regarding claim 29, Osawa discloses the method of claim 21, further comprising: obtaining LTE SL subcarrier spacing (SCS) based on the LTE SCI; and obtaining NR SL SCS related to the NR SL transmission, wherein the exclusion operation is performed based on the LTE SL SCS and the NR SL SCS being different(Figs 3,4,[0053]-[0058]).
Regarding claim 30, Osawa discloses the method of claim 21, further comprising: obtaining LTE SL subcarrier offset based on the LTE SCI; and obtaining NR SL subcarrier related to the NR SL transmission, wherein the exclusion operation is performed based on the LTE SL subcarrier offset and the NR SL subcarrier offset being different(Figs 3,4,[0056],[0065]).
Regarding claim 31, Osawa discloses the method of claim 21, further comprising: obtaining LTE SL direct current (DC) location based on the LTE SCI; and obtaining NR SL DC location related to the NR SL transmission, wherein the exclusion operation is performed based on the LTE SL DC location and the NR SL DC location being different([0053]-[0058]).
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) 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osawa in view of Cao et al. (US Application 2021/0051525, hereinafter Cao) .
Regarding claim 32, Osawa discloses the method of claim 21 as addressed, except wherein the exclusion operation is performed based on a reference signal received power (RSRP) value measured based on the LTE SCI being greater than or equal to a first RSRP threshold value.
However, Cao teaches the exclusion operation is performed based on a reference signal received power (RSRP) value measured based on the LTE SCI being greater than or equal to a first RSRP threshold value([0117]).
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 Cao with the teaching of Osawa by using the above features such as the exclusion operation is performed based on a reference signal received power (RSRP) value measured based on the LTE SCI being greater than or equal to a first RSRP threshold value as taught by Cao for the purpose of enhancing the reliability, throughput, and capacity of V2X communications, as well as next generation wireless communications in general([0003]).
Regarding claim 33, Osawa discloses the method of claim 22 as addressed, except the first RSRP threshold value is different with a second RSRP threshold used in NR SL reception.
However, Cao teaches the first RSRP threshold value is different with a second RSRP threshold used in NR SL reception ([0117]).
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 Cao with the teaching of Osawa by using the above features such as the first RSRP threshold value is different with a second RSRP threshold used in NR SL reception as taught by Cao for the purpose of enhancing the reliability, throughput, and capacity of V2X communications, as well as next generation wireless communications in general([0003]).
Conclusion
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/DADY CHERY/Primary Examiner, Art Unit 2461