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
Applicant’s preliminary amendment, filed 7 December 2023, has been entered and carefully considered.
Claim 16-18, 21-30 and 46 are amended.
Claims 14, 15, 32-45 and 47-60 are canceled.
Claims 1-13, 16-31 and 46 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7 December 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-10, 12, 13, 17-25, 27 and 28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Before addressing the rejected claims, the Office notes that independent Claims 1 and 16 recite the phrases “one or more sidelink messages” and “one or more sets of sideline reservation messages.”
Regarding Claims 2 and 17, it is not clear how claim language “the sidelink message” relates to the “one or more sidelink messages” in Claims 1 and 16. Claims 3-5 and 18-20 are rejected by virtue of dependence on Claims 2 and 17.
Regarding Claims 4 and 19, the claim language (emphasis added by the Office) “exclude a first set of sidelink resource reservations based at least in part on a difference between a second scheduled transmission time associated with the first set of sidelink resource reservations and a delay period being less than zero” is unclear as to how a difference between the two claimed elements (transmission time and a delay period) could result in a negative result. As best understood, the Office points Applicant to paragraph 0099 of the specification, which more clearly describes the scenario where the UE receives resource reservation information that would occur before the UE can process the SCI.
Regarding Claims 5 and 20, it is not clear how claim language “the sidelink message” relates to the “one or more sidelink messages” in Claims 1 and 16.
Regarding Claims 6 and 21, it is not clear how claim language “the sidelink message” and “other sidelink messages” relate to the “one or more sidelink messages” in Claims 1 and 16. Further, it is not clear how “a set of sidelink resource reservations” relates back to “one or more sets of sideline reservation messages” in Claims 1 and 16.
Regarding Claims 7, 8, 22 and 23, it is not clear how claim language “the sidelink message” relates to the “one or more sidelink messages” in Claims 1 and 16. Further, it is not clear how “at least a set of sidelink resource reservations” and “the set of sidelink resource reservations” relate back to “one or more sets of sideline reservation messages” in Claims 1 and 16.
Regarding Claims 9 and 24, it is not clear how claim language “the sidelink message” relates to the “one or more sidelink messages” in Claims 1 and 16. Claims 10 and 25 are rejected by virtue of dependence on Claims 9 and 24. Further, Claims 10 and 25 also recite claim language “the sidelink message” and are rejected for the same reasons as Claims 9 and 24.
Regarding Claims 12 and 27, it is not clear how “a set of sidelink resource reservations” and “at least the set of sidelink resource reservations” relate back to “one or more sets of sideline reservation messages” in Claims 1 and 16. Claims 13 and 28 are rejected by virtue of dependence on Claims 12 and 27. Further, Claims 13 and 28 also recite claim language “the set of sidelink resource reservations” and are rejected for the same reasons as Claims 12 and 27.
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.
Claims 1-3, 5, 7, 8, 11, 16-18, 20, 22, 23, 26, 29, 30, 31 and 46 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sun et al (United States Pre-Grant Publication 2024/0163903), hereinafter Sun.
Regarding Claim 16, Sun discloses an apparatus for wireless communication at a first user equipment (UE) (Figure 13 – UE 1300), comprising:
one or more processors (Figure 13 and paragraph 0153 – at least one processor 1308);
one or more memories coupled with the one or more processors (Figure 13 and paragraphs 0152 and 0154 – at least one non-transitory computer readable medium 1306 which can be memory); and
instructions stored in the one or more memories and executable by the one or more processors (paragraph 0154 – software modules stored in memory to be executed by a processor) to cause the apparatus to:
monitor for one or more sidelink messages that indicate a set of sidelink resource reservations associated with one or more second UEs (Figure 3 at step 301 and paragraph 0052 - a UE receives two or more control signals from two or more UEs, where one control signal received from each UE within these two or more UEs indicates resources reserved for each UE);
select one or more sets of sidelink resource reservations for indicating in a coordination message in accordance with one or more prioritization rules for sidelink resource reservation forwarding based at least in part on a sidelink message of the one or more sidelink messages (Figure 3 at steps 302 and 303; paragraphs 0053-0054 – the UE selects a transmission resource from a set of resources upon detecting a resource conflict in the received sidelink messages; as described in paragraphs 0058-0066, the determination of reservation rules includes, for example, assessing a maximum number of reservations possible in a resource, the extent of overlap between the reservations, or time-related values (e.g., processing delays)); and
transmit the coordination message comprising an indication of the one or more sets of sidelink resource reservations based at least in part on the selecting (Figure 3 at step 304 and paragraph 0055 - the UE transmits, to at least one UE within these two or more UEs, a resource conflict indicator on the selected transmission resource).
Regarding Claim 31, Sun discloses an apparatus for wireless communication at a first user equipment (UE) (Figure 13 – UE 1300), comprising:
means for monitoring for one or more sidelink messages that indicate a set of sidelink resource reservations associated with one or more second UEs (Figure 3 at step 301 and paragraph 0052 - a UE receives two or more control signals from two or more UEs, where one control signal received from each UE within these two or more UEs indicates resources reserved for each UE; (Figure 13 and paragraph 0153 – at least one processor 1308 for performing the functions, equivalent to the means for monitoring));
means for selecting one or more sets of sidelink resource reservations for indicating in a coordination message in accordance with one or more prioritization rules for sidelink resource reservation forwarding based at least in part on a sidelink message of the one or more sidelink messages (Figure 3 at steps 302 and 303; paragraphs 0053-0054 – the UE selects a transmission resource from a set of resources upon detecting a resource conflict in the received sidelink messages; as described in paragraphs 0058-0066, the determination of reservation rules includes, for example, assessing a maximum number of reservations possible in a resource, the extent of overlap between the reservations, or time-related values (e.g., processing delays); paragraph 0153 – at least one processor 1308 for performing the functions, equivalent to the means for selecting); and
means for transmitting the coordination message comprising an indication of the one or more sets of sidelink resource reservations based at least in part on the selecting (Figure 3 at step 304 and paragraph 0055 - the UE transmits, to at least one UE within these two or more UEs, a resource conflict indicator on the selected transmission resource; Figure 13 – transmitter 1304, equivalent to the means for transmitting).
Claim 1 is a method claim comprising the same steps performed by the apparatus of Claim 16. Therefore, Claim 1 is rejected for the same reasons as presented above for Claim 16.
Claim 46 is directed to a non-transitory computer-readable medium storing code for wireless communication at a first user equipment (UE), the code comprising instructions executable by one or more processors to perform the same operations as the apparatus of Claim 16. As noted in the rejection of Claim 16, Sun discloses, at Figure 13 and paragraphs 0152 and 0154, at least one non-transitory computer readable medium 1306 which can be memory for performing the disclosed operations. The remaining limitations are rejected for the same reasons as presented above for Claim 16.
Regarding Claims 2 and 17, Sun discloses wherein selecting the one or more sets of sidelink resource reservations comprises: selecting, in accordance with the one or more prioritization rules, the one or more sets of sidelink resource reservations based at least in part on a scheduled transmission time associated with the one or more sets of sidelink resource reservations (paragraphs 0067-0069 – the UE can determine conflict detection based on time domain locations provided in the received control signals), wherein the sidelink message indicates the scheduled transmission time (paragraphs 0067-0069 – the received control signals comprise time domain locations for the reserved resources).
Regarding Claims 3 and 18, Sun discloses wherein selecting the one or more sets of sidelink resource reservations comprises: selecting, in accordance with the one or more prioritization rules, the one or more sets of sidelink resource reservations based at least in part on a difference between the scheduled transmission time and a delay period being greater than a threshold difference, the delay period based at least in part on a UE processing time and a first time associated with the selecting (paragraphs 0063-0064 – a resource conflict is determined based whether a time gap between the two control signals is equal or less than a maximum time gap value (i.e., threshold difference), where the maximum time gap value is computed as a sum of the resource reservation processing time (i.e., UE processing time) and the resource selection processing time (i.e., first time associated with the selecting).
Regarding Claims 5 and 20, Sun discloses wherein a UE processing time associated with the UE is based at least in part on a time for the UE to process the sidelink message and a type of signal used to convey the sidelink message (paragraph 0064 – a maximum time gap for the UE is computed as the sum of the resource reservation processing time and the resource selection processing time; paragraph 0065 – the processing time can also be dependent on sub-carrier spacing (i.e., a type of signal)).
Regarding Claims 7 and 22, Sun discloses selecting at least a set of sidelink resource reservations based at least in part on a first slot in which the sidelink message that indicates the set of sidelink resource reservations is received being less than a threshold time period from a second slot in which the coordination message is scheduled (paragraph 0076 – the UE may select the transmission resource having an earliest time location within the set of resources).
Regarding Claims 8 and 23, Sun discloses selecting at least a set of sidelink resource reservations based at least in part on a first slot in which the sidelink message that indicates the set of sidelink resource reservations is received being less than a threshold time period from a second slot that corresponds to a time at which the UE selects the set of sidelink resource reservations for indicating in the coordination message (paragraph 0076 – the UE may select the transmission resource having an earliest time location within the set of resources).
Regarding Claims 11 and 26, Sun discloses receiving the one or more sidelink messages from the one or more second UEs, the one or more sidelink messages comprising inter-UE coordination messages (paragraph 0044 – the control signal transmission and resource selection is performed via inter-UE coordination).
Regarding Claim 29, Sun discloses transmit(ting) the coordination message via a physical sidelink shared channel, wherein a quantity of the one or more sets of sidelink resource reservations indicated via the coordination message is based at least in part on a quantity of available resources in the physical sidelink shared channel (paragraphs 0068, 0070 and 0089-0091 – the resource conflict indicator is associated with a location of PSCCH which transmits SCI and is dependent on the availability of a resource set).
Regarding Claim 30, Sun discloses transmit(ting) the coordination message via radio resource control signaling, a medium access control-control element, sidelink control information (paragraph 0068 – the resource conflict indicator message is transmitted via SCI, therefore meeting the claimed alternative limitation), or a combination thereof.
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 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 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Khoryaev et al (United States Pre-Grant Publication 2024/0292378), hereinafter Khoryaev.
Regarding Claims 4 and 19, Sun discloses the limitations of Claims 2 and 17, as described above. However, Sun does not disclose wherein the one or more sets of sidelink resource reservations exclude a first set of sidelink resource reservations based at least in part on a difference between a second scheduled transmission time associated with the first set of sidelink resource reservations and a delay period being less than zero, the delay period based at least in part on a UE processing time and a first time associated with the selecting. In an analogous art, Khoryaev discloses this. Specifically, Khoryaev discloses feedback information for resources within the time interval a certain time interval may be irrelevant since when the TX UE received feedback, these resources have already passed in time and cannot be selected (paragraph 0260). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Sun and Khoryaev. One would have been motivated to do so in order to resolve sidelink conflicts in inter-UE coordination schemes (paragraphs 0078 and 0079 of Khoryaev).
Claims 6, 12, 13, 21, 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Blasco Serrano et al (United States Pre-Grant Publication 2024/0244585), hereinafter Blasco.
Regarding Claims 6 and 21, Sun discloses the limitations of Claims 1 and 16, as described above. However, Sun does not disclose selecting at least a set of sidelink resource reservations based at least in part on the sidelink message that indicates the set of sidelink resource reservations being received after other sidelink messages that indicate other sets of sidelink resource reservations. In an analogous art, Blasco discloses this. Specifically, Blasco discloses a UE dropping a first resource and selecting a resource in response to receiving a later control message (see Figure 4 at steps S4 and s5; paragraphs 0083-0095). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Sun and Blasco. One would have been motivated to do so in order to reduce the probability of collisions in sidelink transmissions (paragraph 0009 of Blasco).
Regarding Claims 12 and 27, Sun discloses the limitations of Claims 11 and 26, as described above. However, Sun does not disclose monitoring a quantity of times a set of sidelink resource reservations is forwarded via the inter-UE coordination messages; and selecting at least the set of sidelink resource reservations based at least in part on the quantity being less than a threshold quantity. In an analogous art, Blasco discloses monitoring resource selections and excluding resources if it has already been selected (i.e., a resource can be forwarded if it has not previously been selected) (paragraph 0050). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Sun and Blasco. One would have been motivated to do so in order to reduce the probability of collisions in sidelink transmissions (paragraph 0009 of Blasco).
Regarding Claims 13 and 28, the combination of Sun and Blasco further discloses selecting the set of sidelink resource reservations based at least in part on the quantity being greater than or equal to one (paragraph 0050 of Blasco - monitoring resource selections and excluding resources if it has already been selected (i.e., a resource can be forwarded if it has not previously been selected)). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Sun and Blasco. One would have been motivated to do so in order to reduce the probability of collisions in sidelink transmissions (paragraph 0009 of Blasco).
Allowable Subject Matter
Claims 9, 10, 24 and 25 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hui et al (United States Pre-Grant Publication 2023/0345421) discloses a resource selection procedure for transmitting a TB via sidelink (Figure 26).
Panteleev et al (United States Pre-Grant Publication 2024/0155654) discloses inter-UE coordination for sidelink communication (refer to Figures 6-8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW W. CHRISS whose telephone number is (571)272-1774. The examiner can normally be reached Monday-Friday, 8am-4pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Bates can be reached at (571) 272-3980. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW W CHRISS/Primary Examiner, Art Unit 2472