DETAILED ACTION
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8 June 2026 has been entered.
Response to Arguments
2. Applicant's arguments filed 8 June 2026 have been fully considered but they are not persuasive.
Applicant asserts, on page 5 of Remarks, that “Independent claims 7-9 are amended by way of this reply to clarify the claimed invention, and only include subject matter previously presented in the originally-filed claims and specification. Specifically, independent claim 7 is amended to recite, in part, "wherein the receiver further receives configuration information related to an inter-terminal coordination method, and wherein the processor performs the device-to-device communication in the predetermined resource allocation mode without taking into account the configuration information related to the inter-terminal coordination method in which the receiver receives information related to a resource collision." Independent claims 8 and 9 are amended to recite substantially similar limitations. Support for the amendments can be found at least in, for example, paragraphs [0106] and [0124] of the originally-filed specification. No new matter is added by way of these amendments. Accordingly, entry and favorable consideration thereof are respectfully requested.”
On the contrary, the feature “... without taking into account the configuration information related to the inter-terminal coordination method in which the receiver receives information related to a resource collision.” is not supported by the disclosure of the instant invention. Paragraph [0106] does not mention the avoidance of an action. Paragraph [0124] mentions the avoidance of an action, “the terminal 20 may skip, cancel or drop the SL transmission”, but an SL transmission does not correspond to “configuration information related to the inter-terminal coordination method in which the receiver receives information related to a resource collision”. The phrase “configuration information” occurs seven times in the specification, in paragraphs [0154] and [0158]. None of these instances of “configuration information” are in the context of “wherein the processor performs the device-to-device communication in the predetermined resource allocation mode without taking into account the configuration information related to the inter-terminal coordination method in which the receiver receives information related to a resource collision.” Therefore, this newly-added limitation of claim 7, and the corresponding newly-added limitation of each of claims 8 and 9, are not supported by the disclosure.
Claim Rejections - 35 USC § 112
3. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
4. Claims 7-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 7, the newly-added limitation, “wherein the processor performs the device-to-device communication in the predetermined resource allocation mode without taking into account the configuration information related to the inter-terminal coordination method in which the receiver receives information related to a resource collision.” is not supported by the disclosure.
Regarding claim 8, the newly-added limitation, “wherein the terminal performs the device-to-device communication in the predetermined resource allocation mode without taking into account the configuration information related to the inter-terminal coordination method in which information related to a resource collision is received.” is not supported by the disclosure.
Regarding claim 9, the newly-added limitation, “wherein the processor performs the device-to-device communication in the predetermined resource allocation mode without taking into account the configuration information related to the inter-terminal coordination method in which the receiver receives information related to a resource collision, and” is not supported by the disclosure.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W GENACK whose telephone number is (571)272-7541. The examiner can normally be reached Monday through Friday, 9:00 AM to 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW W GENACK/Primary Examiner, Art Unit 2645
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