DETAILED ACTION
I. This office action is in response to the correspondence filed on December 18, 2023. Claims 1-14 are pending and being examined.
Notice of Pre-AIA or AIA Status
II. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
III. Claims 6, 8, and 10 are objected to as being dependent upon a rejected base claim, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
IV. Claims 1 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0314713 A1) in view of Park et al. (WO 2020/054812 A1).
Regarding claim 1 Jung teaches method of performing, by a first user equipment (UE), first sidelink communication based on a first wireless technology in a wireless communication system (see paragraphs [0119] & [0143] and Fig. 5, The UE is configured to perform NR V2X sidelink communication in a wireless system. This reads on method of performing, by a first user equipment (UE), first sidelink communication based on a first wireless technology in a wireless communication system); the method comprising: receiving configuration information related to a first resource and a second resource (see paragraphs [0121]; [0141]; [0165], The base station may provide sidelink resource information to the UE. The UE may be configured to perform V2X sidelink communication. The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1) and to perform LTE V2X sidelink communication through another specific frequency (e.g., f2). This reads on receiving configuration information related to a first resource and a second resource); performing the first sidelink communication on at least one resource determined for the first sidelink communication among the first resource and the second resource (see paragraph [0159], The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1). This reads on performing the first sidelink communication on at least one resource determined for the first sidelink communication among the first resource and the second resource); and wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology (see claim 1, The first frequency provides both a NR sidelink communication configuration and a V2X sidelink communication configuration. This reads on wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology).
Jung does not specifically teach wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource.
Park teaches wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource (see paragraph [0097] and Fig. 8, With the quality of service not exceeding a threshold, both NR and LTE resources are utilized for transmitting the V2X message. Both NR and LTE resources are used when thresholds are not satisfied for both NR or LTE. This reads on wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to make Jung adapt to include wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource because it would allow for increased flexibility when selecting V2X resources to improve communication quality in the V2X systems (see Park, abstract and Fig. 8).
Regarding claim 11 Jung teaches wherein the first wireless technology is New Radio (NR) (see paragraph [0159], The UE may be configured to perform NR V2X sidelink communication through a specific frequency. This reads on wherein the first wireless technology is New Radio (NR)), wherein the second wireless technology is Long Term Evolution (LTE) (see paragraph [0153], The UE may be configured to perform LTE V2X sidelink communication through a specific frequency. This reads on wherein the second wireless technology is Long Term Evolution (LTE)), and wherein the first resource is a resource configured to be available only for the first sidelink communication ( see paragraph [0159], The UE may be configured to perform NR V2X sidelink communication through a specific frequency. This reads on wherein the first resource is a resource configured to be available only for the first sidelink communication).
Regarding claim 12 Jung teaches method of receiving, by a second user equipment (UE), a first sidelink signal based on a first wireless technology in a wireless communication system (see paragraphs [0119] & [0143] and Fig. 5, The UE is configured to perform NR V2X sidelink communication between, for example, a first vehicle and second vehicle in a wireless system. This reads on method of receiving, by a second user equipment (UE), a first sidelink signal based on a first wireless technology in a wireless communication system); the method comprising: receiving configuration information related to a first resource and a second resource (see paragraphs [0121]; [0141]; [0165], The base station may provide sidelink resource information to the UE. The UE may be configured to perform V2X sidelink communication. The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1) and to perform LTE V2X sidelink communication through another specific frequency (e.g., f2). This reads on receiving configuration information related to a first resource and a second resource); receiving the first sidelink signal on at least one resource determined for the first sidelink communication among the first resource and the second resource (see paragraph [0159], The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1). This reads on receiving the first sidelink signal on at least one resource determined for the first sidelink communication among the first resource and the second resource); and wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology (see claim 1, The first frequency provides both a NR sidelink communication configuration and a V2X sidelink communication configuration. This reads on wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology).
Jung does not specifically teach wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource.
Park teaches wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource (see paragraph [0097] and Fig. 8, With the quality of service not exceeding a threshold, both NR and LTE resources are utilized for transmitting the V2X message. Both NR and LTE resources are used when thresholds are not satisfied for both NR or LTE. This reads on wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to make Jung adapt to include wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource because it would allow for increased flexibility when selecting V2X resources to improve communication quality in the V2X systems (see Park, abstract and Fig. 8).
Regarding claim 13 Jung teaches a first user equipment (UE) configured to perform first sidelink communication based on a first wireless technology in a wireless communication system (see paragraphs [0119] & [0143] and Fig. 5, The UE is configured to perform NR V2X sidelink communication in a wireless system. This reads on a first user equipment (UE) configured to perform first sidelink communication based on a first wireless technology in a wireless communication system), the first UE comprising: a radio frequency (RF) transceiver (1h-10, Fig. 8); and a processor (1h-40, Fig. 8) connected to the RF transceiver, wherein the processor is configured to: receive configuration information related to a first resource and a second resource (see paragraphs [0121]; [0141]; [0165], The base station may provide sidelink resource information to the UE. The UE may be configured to perform V2X sidelink communication. The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1) and to perform LTE V2X sidelink communication through another specific frequency (e.g., f2). This reads on receive configuration information related to a first resource and a second resource); perform the first sidelink communication on at least one resource determined for the first sidelink communication among the first resource and the second resource (see paragraph [0159], The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1). This reads on perform the first sidelink communication on at least one resource determined for the first sidelink communication among the first resource and the second resource); and wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology (see claim 1, The first frequency provides both a NR sidelink communication configuration and a V2X sidelink communication configuration. This reads on wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology).
Jung does not specifically teach wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource.
Park teaches wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource (see paragraph [0097] and Fig. 8, With the quality of service not exceeding a threshold, both NR and LTE resources are utilized for transmitting the V2X message. Both NR and LTE resources are used when thresholds are not satisfied for both NR or LTE. This reads on wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to make Jung adapt to include wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource because it would allow for increased flexibility when selecting V2X resources to improve communication quality in the V2X systems (see Park, abstract and Fig. 8).
Regarding claim 14 Jung teaches a second user equipment (UE) configured to receive a first sidelink signal based on a first wireless technology in a wireless communication system (see paragraphs [0119] & [0143] and Fig. 5, The UE is configured to perform NR V2X sidelink communication between, for example, a first vehicle and second vehicle in a wireless system. This reads on second user equipment (UE) configured to receive a first sidelink signal based on a first wireless technology in a wireless communication system) the second UE comprising: a radio frequency (RF) transceiver (1h-10, Fig. 8); and a processor (1h-40, Fig. 8) connected to the RF transceiver, wherein the processor is configured to: receive configuration information related to a first resource and a second resource (see paragraphs [0121]; [0141]; [0165], The base station may provide sidelink resource information to the UE. The UE may be configured to perform V2X sidelink communication. The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1) and to perform LTE V2X sidelink communication through another specific frequency (e.g., f2). This reads on receive configuration information related to a first resource and a second resource); receive the first sidelink signal on at least one resource determined for the first sidelink communication among the first resource and the second resource (see paragraph [0159], The UE may be configured to perform NR V2X sidelink communication through a specific frequency (e.g., f1). This reads on receive the first sidelink signal on at least one resource determined for the first sidelink communication among the first resource and the second resource); and wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology (see claim 1, The first frequency provides both a NR sidelink communication configuration and a V2X sidelink communication configuration. This reads on wherein the second resource is a resource shared between the first sidelink communication and second sidelink communication based on a second wireless technology).
Jung does not specifically teach wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource.
Park teaches wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource (see paragraph [0097] and Fig. 8, With the quality of service not exceeding a threshold, both NR and LTE resources are utilized for transmitting the V2X message. Both NR and LTE resources are used when thresholds are not satisfied for both NR or LTE. This reads on wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to make Jung adapt to include wherein whether the second resource is included in the at least one resource is determined based on quality information related to the first resource because it would allow for increased flexibility when selecting V2X resources to improve communication quality in the V2X systems (see Park, abstract and Fig. 8).
V. Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0314713 A1) in view of Park et al. (WO 2020/054812 A1) and Lin (US 2021/0153169 A1).
Regarding claim 2 Jung and Park teach the method of claim 1 except for wherein the quality information is related to a channel busy ratio (CBR) measured for the first resource or a channel occupancy ratio (CR) measured for the first resource.
Lin teaches wherein the quality information is related to a channel busy ratio (CBR) measured for the first resource or a channel occupancy ratio (CR) measured for the first resource (see paragraph [0031], Sidelink traffic with a specific quality of service (Qos) can use a resource pool if UE measured channel quality or CBR is below a threshold. This reads on wherein the quality information is related to a channel busy ratio (CBR) measured for the first resource or a channel occupancy ratio (CR) measured for the first resource).
It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to make the quality information in the Jung and Park combination adapt to include being related to a channel busy ratio (CBR) measured for the first resource or a channel occupancy ratio (CR) measured for the first resource because measured channel busy ratio is a well-known quality measurement in sidelink communication (see Lin, above).
Regarding claim 3 Park teaches wherein based on quality for the first resource being is less than or equal to a predetermined threshold quality, the at least one resource includes the second resource (see Park, paragraph [0097] and Fig. 8, With the quality of service not exceeding a threshold, both NR and LTE resources are utilized for transmitting the V2X message. Both NR and LTE resources are used when thresholds are not satisfied for both NR or LTE. This reads on wherein based on quality measured for the first resource being is less than or equal to a predetermined threshold quality, the at least one resource includes the second resource). Lin teaches the CBR measured for the first resource or the CR measured for the first resource is less than or equal to a predetermined threshold quality (see Lin, paragraph [0031], Measured CBR wherein sidelink traffic with a specific quality of service (Qos) can use a resource pool if UE measured channel quality or CBR is below a threshold. This reads on the CBR measured for the first resource or the CR measured for the first resource is less than or equal to a predetermined threshold quality).
VI. Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0314713 A1) in view of Park et al. (WO 2020/054812 A1) and Gulati et al. (US 2021/0037420 A1).
Regarding claim 4 Jung and Park teach the method of claim 1 except for wherein the quality information is related to at least one of a number of negative acknowledgment (NACK) occurrences, a number of discontinuous transmission (DTX) occurrences, or a number of radio link failure (RLF) occurrences.
Gulati teaches wherein the quality information is related to at least one of a number of negative acknowledgment (NACK) occurrences, a number of discontinuous transmission (DTX) occurrences, or a number of radio link failure (RLF) occurrences (see paragraph [0063], The UE may evaluate link quality by monitoring for negative acknowledgement (NACK) feedback from one or more UEs. The link evaluation is an indication of link quality and reads on wherein the quality information is related to at least one of a number of negative acknowledgment (NACK) occurrences, a number of discontinuous transmission (DTX) occurrences, or a number of radio link failure (RLF) occurrences).
It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to make the quality information in the Jung and Park combination adapt to include being related to at least one of a number of negative acknowledgment (NACK) occurrences, a number of discontinuous transmission (DTX) occurrences, or a number of radio link failure (RLF) occurrences because monitoring NACK occurrences is a well-known link quality measurement in sidelink communication (see Gulati, above).
Regarding claim 5 Park teaches wherein based on quality for the first resource being more than a predetermined threshold, the at least one resource includes the second resource (see Park, Fig. 8, With the quality of service exceeding the threshold, NR or LTE resources are utilized for transmitting the V2X message. This reads on wherein based on quality for the first resource being more than a predetermined threshold, the at least one resource includes the second resource). Gulati teaches wherein the quality information is related to at least one of a number of negative acknowledgment (NACK) occurrences, a number of discontinuous transmission (DTX) occurrences, or a number of radio link failure (RLF) occurrences (see paragraph [0063], The UE may evaluate link quality by monitoring for negative acknowledgement (NACK) feedback from one or more UEs. The link evaluation is an indication of link quality and reads on wherein the quality information is related to at least one of a number of negative acknowledgment (NACK) occurrences, a number of discontinuous transmission (DTX) occurrences, or a number of radio link failure (RLF) occurrences).
VII. Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0314713 A1) in view of Park et al. (WO 2020/054812 A1) and Cheng et al. (US 2021/0274474 A1).
Regarding claim 7 Jung and Park teach the method of claim 1 except for obtaining measurement information for the second resource; and determining whether the measurement information satisfies predetermined conditions.
Cheng teaches for obtaining measurement information for the second resource (see paragraph [0080]), The average RSSI of a target resource is calculated and this reads on obtaining measurement information for the second resource); and determining whether the measurement information satisfies predetermined conditions (see paragraph [0081], The quality of a signal may become low with a large average RSSI. Therefore, UE selects resources with a small average RSSI as candidates for transmitting V2X traffic. This reads on and determining whether the measurement information satisfies predetermined conditions).
It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to make the Jung and Park combination adapt to include obtaining measurement information for the second resource; and determining whether the measurement information satisfies predetermined conditions because it would allow for improved transmission in V2X systems (see Cheng, paragraph [0081]).
VIII. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2020/0314713 A1) in view of Park et al. (WO 2020/054812 A1); Cheng et al. (US 2021/0274474 A1); and Park et al. (US 2021/0014893 A1), hereinafter Park II.
Regarding claim 9 Jung, Park, and Cheng teach the method of claim 7 except for wherein the measurement information includes at least one of a sidelink received signal strength indicator (S-RSSI), a channel busy ratio (CBR), a channel occupancy ratio (CR), or a reference signal received power (RSRP), which are all measured for the second resource.
Park II teaches wherein the measurement information includes at least one of a sidelink received signal strength indicator (S-RSSI), a channel busy ratio (CBR), a channel occupancy ratio (CR), or a reference signal received power (RSRP), which are all measured for the second resource (see paragraph [0296], RSSI equal to or smaller to an RSSI threshold value; a CBR equal to or smaller than a CBR threshold value; a CR equal to or larger than a CR threshold and RSRP received via a measurement report reads on wherein the measurement information includes at least one of a sidelink received signal strength indicator (S-RSSI), a channel busy ratio (CBR), a channel occupancy ratio (CR), or a reference signal received power (RSRP), which are all measured for the second resource).
It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to make the measurement information of the Jung, Park, and Cheng combination adapt to include wherein the measurement information includes at least one of a sidelink received signal strength indicator (S-RSSI), a channel busy ratio (CBR), a channel occupancy ratio (CR), or a reference signal received power (RSRP), which are all measured for the second resource because RSSI, CBR, CR, and RSRP are well known link measurements in sidelink communication systems (see Park II above).
Conclusion
IX. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached at 571-270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRANDON J MILLER/Primary Examiner, Art Unit 2647
December 23, 2025