DETAILED ACTION
This Office action is a response to an application filed on January 5, 2024.
Claims 1-20 were originally filed. By a preliminary amendment filed on even date, claims 1, 3-8 and 12-15 were amended, claims 9-11 and 16-20 were cancelled, and claims 21-28 were newly added. Then, on September 3, 2024, ostensibly in response to a Notice of Missing Requirement, “[a]n accurate English translation of the application,” which included a set of claims identical to the originally filed claims 1-20. Subsequently, on January 29, 2025, a second preliminary amendment was filed, purportedly to again amend claims 1, 3-8, cancel claims 9-11 and 16-20, and to add new claims 21-28. As the intended scope and the recitation as amended are identical for two sets of claims in the preliminary amendments, the later filed second preliminary amendment filed on January 29, 2025 is acknowledged and entered as what the Applicant intended as the current status of the claims.
Accordingly, claims 1-8, 12-15 and 21-28 are currently pending and ready for examination.
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 .
Relevant Technical Information Submittal Requirement
Requirement — Overview
The applicant is required to submit copies of non-patent literature and relevant technical information as set forth below.
Basis for Requirement
35 U.S.C. § 131 provides:
The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent therefor.
37 C.F.R. § 1.105(a) provides:
In the course of examining or treating a matter in a pending or abandoned application filed under 35 U.S.C. 111 or 371 (including a reissue application), in a patent, or in a reexamination proceeding, the examiner or other Office employee may require the submission, from individuals identified under § 1.56(c), or any assignee, of such information as may be reasonably necessary to properly examine or treat the matter, for example:
….
(iii) Related information: A copy of any non-patent literature, published application, or patent (U.S. or foreign), by any of the inventors, that relates to the claimed invention.
(iv) Information used to draft application: A copy of any non-patent literature, published application, or patent (U.S. or foreign) that was used to draft the application.
(v) Information used in invention process: A copy of any non-patent literature, published application, or patent (U.S. or foreign) that was used in the invention process, such as by designing around or providing a solution to accomplish an invention result.
…
(viii) Technical information known to applicant. Technical information known to applicant concerning the related art, the disclosure, the claimed subject matter, other factual information pertinent to patentability, or concerning the accuracy of the examiner’s stated interpretation of such items.
Background
The applicant has stated in a publicly available European Telecommunication Standards Institute (ETSI) record that the present application, Application No. 18/577,043 (“the Application”), identified by its parent international application publication, WO2023282588 A1, “may be or may become ESSENTIAL in relation to at least the ETSI Work Item(s), STANDARD(S) and/or TECHNICAL SPECIFICATION(S) identified in the attached IPR Information Statement Annex.”1
Necessity for this Requirement.
This Requirement is issued pursuant to the Director’s duty and authority to examine patent applications. See 35 U.S.C. § 131; 37 C.F.R. § 1.105(a). The ETSI record indicates the applicant likely possesses information relating to the ETSI Work Item(s), STANDARD(S) and/or TECHNICAL SPECIFICATION(S) that is necessary for a more complete understanding of the invention and its context. See MPEP § 704.11. Such information may include non-patent literature and technical materials (e.g., contribution papers or Tdocs) authored, generated, or submitted by the applicant or others that form the basis of, or resulted from, the claimed invention.
Applicant is Required to Submit:
Copies of any non-patent literature relating to the ETSI Work Item(s), STANDARD(S) and/or TECHNICAL SPECIFICATION(S) identified in the ETSI record for the Application, which satisfies any of the following criteria:
Authored by any of the inventors and related to the claimed invention,
Used to draft the present application, or
Used in the invention process (for example, used to design around prior art or to provide a solution that enabled the claimed invention); and
Any technical information known to the applicant relating to the ETSI Work Item(s), STANDARD(S) and/or TECHNICAL SPECIFICATION(S) identified in the ETSI record for the Application, which concerns the related art, the disclosure, the claimed subject matter, other factual information pertinent to patentability, or the accuracy of the examiner’s stated interpretation of such items.
Instructions to Applicant
A complete reply to this Requirement is a reply to each enumerated requirement for information giving either the information required or a statement that the information required to be submitted is unknown and/or is not readily available to the applicant. There is no requirement for the applicant to show that the required information was not, in fact, readily attainable, but the applicant is required to make a good faith attempt to obtain the information and to make a reasonable inquiry once the information is requested. See MPEP § 704.12(b).
This Requirement is subject to the provisions of 37 CFR §§ 1.134, 1.135 and 1.136 and is accorded the same period for reply as the action on the merits sent with this Requirement. See MPEP § 704.13 (third paragraph). EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER 37 CFR 1.136 (a).
Information Disclosure Statement
The three information disclosure statements (IDS) submitted respectively on February 23, 2024, September 17, 2024 and on October 20, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Interpretation
Claims 1 (lines 10 and 11, two occurrences), 14 (lines 13 and 15, two occurrences) and 15 (lines 12 and 14, two occurrences) each recites, the limitations “remaining candidate slots.”
The ambiguity with respect to this limitation stems from the word, “remaining,” for a proper interpretation of which, the broadest reasonable interpretation (BRI) standard should be applied. See, MPEP §2111. Firstly, the plain meaning is to be ascertained (see, MPEP §2111.01). According to an on-line dictionary, the word “remaining” is given the following definition:
Remaining adjective2
re·main·ing ri-ˈmā-niŋ
: left over after a part has been destroyed, taken, used, or lost.
The above definition requires an identification of the following: 1) the original whole; 2) the part that was taken; and 3) what is left over.
Turning to the claim limitation at issue, it is unclear as to both 1) and 2) above. That is, within the context of the claim recitation, the left over may possibly be those slots corresponding to one of: i) Y-N; ii) Y-K; iii) N-K; or iv) Y-X, where X is a part taken from Y for reasons other than those specifically recited in the claims. Under the BRI principle, there is nothing that precludes the case of x = 0. Nothing in the specification appears to require a narrower or different interpretation.
Accordingly, for the purpose of examination, and applying the BRI principle, the limitation “remaining candidate slots” is construed to mean “the Y candidate slots or a smaller subset of the Y candidate slots.”
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.
(a)(2) the claimed invention was described in a patent issued under section151, 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, 4, 7, 8, 14, 15, 21, 22, 25 and 26 are rejected under 35 U.S.C. §102(a)(2) as being anticipated by Lin et al. (US Published Patent Application No. US 2024/0031997) (hereinafter “Lin”)
Regarding claim 1, Lin discloses a method (See, e.g., Figs. 6 and 7) for performing, by a first device (See, Fig. 1, #s 10 or 20, “User Equipment;” and ¶[0021], “FIG. 7 is a schematic diagram illustrating an exemplary illustration of a UE performing periodic-based partial sensing”), wireless communication based on partial sensing (See, ¶[0020], “FIG. 6 is a schematic diagram illustrating an exemplary illustration of an early initiation of periodic-based partial sensing on one resource pool (RP) while performing contiguous partial sensing and sidelink (SL) transmissions on another RP;” and ¶[0021], “FIG. 7 is a schematic diagram illustrating an exemplary illustration of a UE performing periodic-based partial sensing”. Lin discloses performing a periodic partial sensing (Fig. 7) using one resource pool and/or performing a contiguous partial sensing (Fig. 6) on another resource pool, i.e., the “Second Resource Pool” depicted in Fig. 6. The contiguous partial sensing and resource selection is for a more urgent/immediate data transmission. See, e.g., ¶[0055], “the higher layer (similar to exemplary method 1) provides an early/prior indication of a resource (re)selection trigger in slot (n) for the UE to perform periodic-based partial sensing to obtain pre-sensing results while it triggers another resource (re)selection procedure in a second sidelink RP for an urgent/immediate transmission of one or more MAC PDUs/TBs until the resource (re)selection is triggered in slot (n) in the first selected resource pool. Then the UE switches back to a first RP for continuing transmission of subsequent MAC PDUs/TBs and reserves resources periodically.”), the method comprising:
determining a selection window (For the periodic partial sensing case, see, Fig. 7, #303, “RSW,” i.e., Resource Selection Window; and ¶[0062], “for the periodic-based partial sensing, the UE first selects a set of Y candidate slots 303 within a resource selection window (RSW) [n+T1, n+T2]”. For the contiguous partial sensing example, see, Fig. 6, “RSW;” and ¶[0058], the UE is triggered/configured by the higher layer to perform contiguous partial sensing …. selecting an initial and retransmission resources of a MAC PD/TB within a resource selection window between (j+T1) 203 and (j+T2) 204”) based on a triggering of a resource selection procedure (See, ¶[0062], “a UE performing periodic-based partial sensing based on early indication of …..a resource (re)selection to be triggered in slot (n) 302 in order to initiate the UE to perform periodic-based partial sensing.” It should be noted that, according to Lin, the selection windows for both partial sensing cases are determined in advance of the triggering slot (n). See, below.);
selecting Y candidate slots within the selection window (For the periodic partial sensing case, see, Fig. 7, #303, “Y candidate slots;” and ¶[0062], “the UE first selects a set of Y candidate slots 303 within a resource selection window (RSW).” The Y candidate slots are updated during each of the sensing periods 308, 307, 306 and 305 shown in Fig. 7. See, ¶[0062], “the UE is also requested by the higher layer (e.g., in slot (k) 301) to report a set of all candidate resources within the current transmission period 304 that correspond to the set of Y candidate slots 303 selected during the periodic-based partial sensing process.” For the contiguous partial sensing, see, Fig. 6; and ¶[0057], the UE initializes a full set of resources containing all candidate resources within a resource selection window (RSW) defined as [j+T1, j+T2]. The UE monitors slots within a contiguous time duration [j+TA, j+TB] and excludes one or more resources from the full set of candidate resources when the resource has been indicated/reserved by a received SCI and the measured RSRP is higher than a corresponding RSRP threshold.” Accordingly, for the contiguous partial sensing case, Y = all resources in the RSW – those resources excluded by the monitoring during [j+TA, j+TB]. The Y candidate slots, in both cases, serve as the candidate slots, from which the resources for transmission during the periods 304, 309, 310, 311, 312 of Fig. 7, and during the transmission periods 205 of Fig. 6. See, e.g., ¶¶[0058] and [0062]);
selecting N resources within the Y candidate slots (For the periodic partial sensing case, see, Fig. 7; and ¶[0062], “The higher layer random selects a set of 5 sidelink resources for the initial and re-transmissions of the urgent sidelink MAC PDU/TB,” i.e., N = 5. For the contiguous partial sensing, see, Fig. 6, which shows selection of 5 slots; ¶[0058], “selecting an initial and retransmission resources of a MAC PD/TB within a resource selection window”. Accordingly, for both cases, N = 5. Note that, in both cases, the 5 slots may be selected randomly from the Y candidates (in the case of the periodic sensing, from then current Y candidates as updated to that point), relying on other UEs for collision avoidance. See, e.g., ¶[0056], it relies on other UEs to sense and avoid transmission collision with the random selected transmissions from the UE (e.g., other UE performing re-evaluation and pre-emption checking)); and
triggering, in a slot (See, Fig. 7, #302, “resource (re)selection trigger;” and ¶0062], the resource (re)selection trigger in slot (n) 302”) a re-evaluation procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; ¶[0062], “it is re-evaluated whether the set of random selected and reserved resources are still in the subset of candidate resources”. That is the randomly selected and previously reserved resources are evaluated again just prior to being transmitted.) or a pre-emption procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; and ¶[0062], “after excluding all resources reserved by others.”) for K resources (See, ¶[0062], “Since it is found that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer, they are replaced by selecting resources 313 and 314 from the reported candidate set,” i.e., K = 5. That is, all 5 reserved resources are re-evaluated or pre-emption checked, resulting the two out of the five slots being excluded.) among the N resources (N = 5, see, above),
wherein, in the re-evaluation procedure or the pre-emption procedure, a candidate resource set (See, Fig. 7; and ¶[0062], “the reported candidate set.”) of the first device is included in remaining candidate slots among the Y candidate slots (See, ¶[0062], “Since it is found that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer, they are replaced by selecting resources 313 and 314 from the reported candidate set.” The remaining candidate slots is the then current Y candidate slots, which is the initial Y candidate slots – (the randomly selected N slots + those slots excluded based on the previous partial sensing results). The resources 313 and 314 are selected “from the reported candidate set.”),
wherein the remaining candidate slots start after the slot (See, Fig. 7, #303, “Y candidate slots,” which contains the entirety of the Y candidate slots, of which the remaining candidate slots are a subset. The box 303 occurs after the slot n.) and end at a last slot of the Y candidate slots (See, Fig. 7, #303, the last slot of Y candidate slots (and thus the last slot of the remaining candidate slots) is contained within the box 303”.), and
wherein the Y, the N, and the K are positive integers (As discussed above, N = 5 and K = 5. Y corresponds to a number of slots, see, e.g., Fig. 7, “Y candidate slots,” and as such is an integer. Based on the above cited portions, and as shown, e.g., in Fig. 7, the Y slots include at least 5 slots (i.e., Y > 5). Accordingly, Y is also a positive integer).
Regarding claim 2/1, Lin discloses a method comprising all elements recited in claim 1 as discussed above.
Lin discloses further that the selection window is determined within a remaining packet delay budget (PDB) of transmission by the first device (See, Fig. 7, the resource selection window (RSW) ends at slot n + T2, which is before “PDB;” and ¶[0063], “The UE is initiated by a higher layer in slot (k) to start periodic-based partial sensing…. according to one or more of the following parameters:….remaining packet delay budget (PDB)—to determine a resource selection window”.).
Regarding claim 3/1, Lin discloses a method comprising all elements recited in claim 1 as discussed above.
Lin discloses further that the K resources (See, Fig. 7; and ¶[0062], “the five reserved resources”) are at least one resource subject to the re-evaluation procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; ¶[0062], “it is re-evaluated whether the set of random selected and reserved resources are still in the subset of candidate resources”) or the pre-emption procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; and ¶[0062], “after excluding all resources reserved by others.”) among the N resources (See, ¶[0062], “ two of the five reserved resources are no longer part of the remaining candidate set”).
Regarding claim 4/1, Lin discloses a method comprising all elements recited in claim 1 as discussed above.
Lin discloses further that information related to the K resources is transferred from a media access control (MAC) layer of the first device (See, e.g., ¶[0043], “the higher layer comprises a medium access control (MAC) layer on a UE side;” and ¶[0061], “the higher layer removes the affected resource from the sidelink grant and select a replacement resource from the reported candidate resource set;” and ¶[0062], the higher layer (i.e., the MAC layer) determines “that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer”) to a physical layer of the first device (See, e.g., ¶[0027], “a physical layer of the Tx-UE is triggered by higher layer(s) for SL resource selection;” ¶[0031], “a physical layer of a terminal (hereafter referred as user equipment (UE)) performs partial sensing;” and ¶[0037], “a PHY layer provides transport services to higher layers (e.g. MAC, RRC, etc.)”).
Regarding claim 7/1, Lin discloses a method comprising all elements recited in claim 1 as discussed above.
Lin discloses further that the N resources (See, Fig. 7; ¶[0062], “The higher layer random selects a set of 5 sidelink resources;” Fig. 6, showing 5 slots being selected for transmission during each of the transmission periods 205;” and ¶[0058], “Then the same resource (re)selection process is triggered in slot j+100, j+200, j+300 and j+400 to select SL (re)transmission resources for new MAC PDU/TB in every transmission period 205 until the last set of transmissions 210 before the resource (re)selection trigger slot (n) 209.”) are selected based on periodic-based partial sensing (PBPS) (See, Fig. 7; and ¶[0062], “The higher layer random selects a set of 5 sidelink resources for the initial and re-transmissions of the urgent sidelink MAC PDU/TB” from “the set of Y candidate slots 303 selected during the periodic-based partial sensing process.”) or contiguous partial sensing (CPS) (See, Fig. 6; and ¶[0058], “an early initiation of periodic-based partial sensing on one resource pool (RP) while performing contiguous partial sensing”) related to the Y candidate slots (See, Fig. 6, all resources in RSW remaining after the sensing during [j+TA, j+TB]; and Fig. 7, #303).
Regarding claim 8/1, Lin discloses a method comprising all elements recited in claim 1 as discussed above.
Lin discloses further that the method further compris[es]:
determining, in the re-evaluation procedure or the pre-emption procedure (See, ¶[0061], “these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”) for the K resources (i.e., 5 slots as discussed above in connection with claim 1), to remove L (See, ¶[0061], “if one of the reserved resources are not part of the remaining candidate resource set during the checking process for reporting, the higher layer removes the affected resource;” and ¶[0062], “two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer, they are replaced”. L = 2.) resources from the K resources (the 5 randomly selected and reserved slots) based on periodic-based partial sensing (PBPS) (See, Fig. 7; and ¶[0062], “The higher layer random selects a set of 5 sidelink resources for the initial and re-transmissions of the urgent sidelink MAC PDU/TB” from “the set of Y candidate slots 303 selected during the periodic-based partial sensing process.”) or contiguous partial sensing (CPS) (See, Fig. 6; and ¶[0058], “an early initiation of periodic-based partial sensing on one resource pool (RP) while performing contiguous partial sensing”) related to the candidate resource set (See, Fig. 6, all resources in RSW remaining after the sensing during [j+TA, j+TB]; and Fig. 7, #303),
wherein the L is a zero or positive integer (L = 2).
Regarding claim 14, Lin discloses a first device (See, Fig. 1, #10, “User Equipment”) adapted to perform wireless communication based on partial sensing (See, ¶[0020], “FIG. 6 is a schematic diagram illustrating an exemplary illustration of an early initiation of periodic-based partial sensing on one resource pool (RP) while performing contiguous partial sensing and sidelink (SL) transmissions on another RP;” and ¶[0021], “FIG. 7 is a schematic diagram illustrating an exemplary illustration of a UE performing periodic-based partial sensing”. Lin discloses performing a periodic partial sensing (Fig. 7) using one resource pool and/or performing a contiguous partial sensing (Fig. 6) on another resource pool, i.e., the “Second Resource Pool” depicted in Fig. 6. The contiguous partial sensing and resource selection is for a more urgent/immediate data transmission. See, e.g., ¶[0055], “the higher layer (similar to exemplary method 1) provides an early/prior indication of a resource (re)selection trigger in slot (n) for the UE to perform periodic-based partial sensing to obtain pre-sensing results while it triggers another resource (re)selection procedure in a second sidelink RP for an urgent/immediate transmission of one or more MAC PDUs/TBs until the resource (re)selection is triggered in slot (n) in the first selected resource pool. Then the UE switches back to a first RP for continuing transmission of subsequent MAC PDUs/TBs and reserves resources periodically.”), the first device comprising:
at least one transceiver (Fig. 1, #13);
at least one processor (Fig. 1, #11); and at least one memory (Fig. 1, #12) connected to the at least one processor and storing instructions that, based on being executed, cause the first device to perform operations comprising (See, ¶[0033], “The memory 12 or 22 is operatively coupled with the processor 11 or 21 and stores a variety of information to operate the processor 11 or 21;” and ¶[0034], “The modules can be stored in the memory 12 or 22 and executed by the processor 11 or 21.”):
determining a selection window (For the periodic partial sensing case, see, Fig. 7, #303, “RSW,” i.e., Resource Selection Window; and ¶[0062], “for the periodic-based partial sensing, the UE first selects a set of Y candidate slots 303 within a resource selection window (RSW) [n+T1, n+T2]”. For the contiguous partial sensing example, see, Fig. 6, “RSW;” and ¶[0058], the UE is triggered/configured by the higher layer to perform contiguous partial sensing …. selecting an initial and retransmission resources of a MAC PD/TB within a resource selection window between (j+T1) 203 and (j+T2) 204”) based on a triggering of a resource selection procedure (See, ¶[0062], “a UE performing periodic-based partial sensing based on early indication of …..a resource (re)selection to be triggered in slot (n) 302 in order to initiate the UE to perform periodic-based partial sensing.” It should be noted that, according to Lin, the selection windows for both partial sensing cases are determined in advance of the triggering slot (n). See, below.);
selecting Y candidate slots within the selection window (For the periodic partial sensing case, see, Fig. 7, #303, “Y candidate slots;” and ¶[0062], “the UE first selects a set of Y candidate slots 303 within a resource selection window (RSW).” The Y candidate slots are updated during each of the sensing periods 308, 307, 306 and 305 shown in Fig. 7. See, ¶[0062], “the UE is also requested by the higher layer (e.g., in slot (k) 301) to report a set of all candidate resources within the current transmission period 304 that correspond to the set of Y candidate slots 303 selected during the periodic-based partial sensing process.” For the contiguous partial sensing, see, Fig. 6; and ¶[0057], the UE initializes a full set of resources containing all candidate resources within a resource selection window (RSW) defined as [j+T1, j+T2]. The UE monitors slots within a contiguous time duration [j+TA, j+TB] and excludes one or more resources from the full set of candidate resources when the resource has been indicated/reserved by a received SCI and the measured RSRP is higher than a corresponding RSRP threshold.” Accordingly, for the contiguous partial sensing case, Y = all resources in the RSW – those resources excluded by the monitoring during [j+TA, j+TB]. The Y candidate slots, in both cases, serve as the candidate slots, from which the resources for transmission during the periods 304, 309, 310, 311, 312 of Fig. 7, and during the transmission periods 205 of Fig. 6. See, e.g., ¶¶[0058] and [0062]);
selecting N resources within the Y candidate slots (For the periodic partial sensing case, see, Fig. 7; and ¶[0062], “The higher layer random selects a set of 5 sidelink resources for the initial and re-transmissions of the urgent sidelink MAC PDU/TB,” i.e., N = 5. For the contiguous partial sensing, see, Fig. 6, which shows selection of 5 slots; ¶[0058], “selecting an initial and retransmission resources of a MAC PD/TB within a resource selection window”. Accordingly, for both cases, N = 5. Note that, in both cases, the 5 slots may be selected randomly from the Y candidates (in the case of the periodic sensing, from then current Y candidates as updated to that point), relying on other UEs for collision avoidance. See, e.g., ¶[0056], it relies on other UEs to sense and avoid transmission collision with the random selected transmissions from the UE (e.g., other UE performing re-evaluation and pre-emption checking)); and
triggering, in a slot (See, Fig. 7, #302, “resource (re)selection trigger;” and ¶0062], the resource (re)selection trigger in slot (n) 302”), a re-evaluation procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; ¶[0062], “it is re-evaluated whether the set of random selected and reserved resources are still in the subset of candidate resources”. That is the randomly selected and previously reserved resources are evaluated again just prior to being transmitted.) or a pre-emption procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; and ¶[0062], “after excluding all resources reserved by others.”) for K resources (See, ¶[0062], “Since it is found that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer, they are replaced by selecting resources 313 and 314 from the reported candidate set,” i.e., K = 5. That is, all 5 reserved resources are re-evaluated or pre-emption checked, resulting the two out of the five slots being excluded.) among the N resources (N = 5, see, above),
wherein, in the re-evaluation procedure or the pre-emption procedure, a candidate resource set (See, Fig. 7; and ¶[0062], “the reported candidate set.”) of the first device is included in remaining candidate slots among the Y candidate slots (See, ¶[0062], “Since it is found that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer, they are replaced by selecting resources 313 and 314 from the reported candidate set.” The remaining candidate slots is the then current Y candidate slots, which is the initial Y candidate slots – (the randomly selected N slots + those slots excluded based on the previous partial sensing results). The resources 313 and 314 are selected “from the reported candidate set.”),
wherein the remaining candidate slots start after the slot (See, Fig. 7, #303, “Y candidate slots,” which contains the entirety of the Y candidate slots, of which the remaining candidate slots are a subset. The box 303 occurs after the slot n.) and end at a last slot of the Y candidate slots (See, Fig. 7, #303, the last slot of Y candidate slots (and thus the last slot of the remaining candidate slots) is contained within the box 303”.), and
wherein the Y, the N, and the K are positive integers (As discussed above, N = 5 and K = 5. Y corresponds to a number of slots, see, e.g., Fig. 7, “Y candidate slots,” and as such is an integer. Based on the above cited portions, and as shown, e.g., in Fig. 7, the Y slots include at least 5 slots (i.e., Y > 5). Accordingly, Y is also a positive integer).
Regarding claim 15, Lin discloses a processing device (Fig. 1, #s 11 and 12) adapted to control a first device (See, Fig. 1, #10, “User Equipment”) adapted to perform wireless communication based on partial sensing (See, ¶[0020], “FIG. 6 is a schematic diagram illustrating an exemplary illustration of an early initiation of periodic-based partial sensing on one resource pool (RP) while performing contiguous partial sensing and sidelink (SL) transmissions on another RP;” and ¶[0021], “FIG. 7 is a schematic diagram illustrating an exemplary illustration of a UE performing periodic-based partial sensing”. Lin discloses performing a periodic partial sensing (Fig. 7) using one resource pool and/or performing a contiguous partial sensing (Fig. 6) on another resource pool, i.e., the “Second Resource Pool” depicted in Fig. 6. The contiguous partial sensing and resource selection is for a more urgent/immediate data transmission. See, e.g., ¶[0055], “the higher layer (similar to exemplary method 1) provides an early/prior indication of a resource (re)selection trigger in slot (n) for the UE to perform periodic-based partial sensing to obtain pre-sensing results while it triggers another resource (re)selection procedure in a second sidelink RP for an urgent/immediate transmission of one or more MAC PDUs/TBs until the resource (re)selection is triggered in slot (n) in the first selected resource pool. Then the UE switches back to a first RP for continuing transmission of subsequent MAC PDUs/TBs and reserves resources periodically.”), the processing device comprising:
at least one processor (Fig. 1, #11); and
at least one memory (Fig. #12) connected to the at least one processor and storing instructions that, based on being executed, cause the first device to perform operations comprising (See, ¶[0033], “The memory 12 or 22 is operatively coupled with the processor 11 or 21 and stores a variety of information to operate the processor 11 or 21;” and ¶[0034], “The modules can be stored in the memory 12 or 22 and executed by the processor 11 or 21.”):
determining a selection window (For the periodic partial sensing case, see, Fig. 7, #303, “RSW,” i.e., Resource Selection Window; and ¶[0062], “for the periodic-based partial sensing, the UE first selects a set of Y candidate slots 303 within a resource selection window (RSW) [n+T1, n+T2]”. For the contiguous partial sensing example, see, Fig. 6, “RSW;” and ¶[0058], the UE is triggered/configured by the higher layer to perform contiguous partial sensing …. selecting an initial and retransmission resources of a MAC PD/TB within a resource selection window between (j+T1) 203 and (j+T2) 204”) based on a triggering of a resource selection procedure (See, ¶[0062], “a UE performing periodic-based partial sensing based on early indication of …..a resource (re)selection to be triggered in slot (n) 302 in order to initiate the UE to perform periodic-based partial sensing.” It should be noted that, according to Lin, the selection windows for both partial sensing cases are determined in advance of the triggering slot (n). See, below.);
selecting Y candidate slots within the selection window (For the periodic partial sensing case, see, Fig. 7, #303, “Y candidate slots;” and ¶[0062], “the UE first selects a set of Y candidate slots 303 within a resource selection window (RSW).” The Y candidate slots are updated during each of the sensing periods 308, 307, 306 and 305 shown in Fig. 7. See, ¶[0062], “the UE is also requested by the higher layer (e.g., in slot (k) 301) to report a set of all candidate resources within the current transmission period 304 that correspond to the set of Y candidate slots 303 selected during the periodic-based partial sensing process.” For the contiguous partial sensing, see, Fig. 6; and ¶[0057], the UE initializes a full set of resources containing all candidate resources within a resource selection window (RSW) defined as [j+T1, j+T2]. The UE monitors slots within a contiguous time duration [j+TA, j+TB] and excludes one or more resources from the full set of candidate resources when the resource has been indicated/reserved by a received SCI and the measured RSRP is higher than a corresponding RSRP threshold.” Accordingly, for the contiguous partial sensing case, Y = all resources in the RSW – those resources excluded by the monitoring during [j+TA, j+TB]. The Y candidate slots, in both cases, serve as the candidate slots, from which the resources for transmission during the periods 304, 309, 310, 311, 312 of Fig. 7, and during the transmission periods 205 of Fig. 6. See, e.g., ¶¶[0058] and [0062]);
selecting N resources within the Y candidate slots (For the periodic partial sensing case, see, Fig. 7; and ¶[0062], “The higher layer random selects a set of 5 sidelink resources for the initial and re-transmissions of the urgent sidelink MAC PDU/TB,” i.e., N = 5. For the contiguous partial sensing, see, Fig. 6, which shows selection of 5 slots; ¶[0058], “selecting an initial and retransmission resources of a MAC PD/TB within a resource selection window”. Accordingly, for both cases, N = 5. Note that, in both cases, the 5 slots may be selected randomly from the Y candidates (in the case of the periodic sensing, from then current Y candidates as updated to that point), relying on other UEs for collision avoidance. See, e.g., ¶[0056], it relies on other UEs to sense and avoid transmission collision with the random selected transmissions from the UE (e.g., other UE performing re-evaluation and pre-emption checking)); and
triggering, in a slot (See, Fig. 7, #302, “resource (re)selection trigger;” and ¶0062], the resource (re)selection trigger in slot (n) 302”) a re-evaluation procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; ¶[0062], “it is re-evaluated whether the set of random selected and reserved resources are still in the subset of candidate resources”. That is the randomly selected and previously reserved resources are evaluated again just prior to being transmitted.) or a pre-emption procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; and ¶[0062], “after excluding all resources reserved by others.”) for K resources (See, ¶[0062], “Since it is found that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer, they are replaced by selecting resources 313 and 314 from the reported candidate set,” i.e., K = 5. That is, all 5 reserved resources are re-evaluated or pre-emption checked, resulting the two out of the five slots being excluded.) among the N resources (N = 5, see, above),
wherein, in the re-evaluation procedure or the pre-emption procedure, a candidate resource set (See, Fig. 7; and ¶[0062], “the reported candidate set.”) of the first device is included in remaining candidate slots among the Y candidate slots (See, ¶[0062], “Since it is found that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer, they are replaced by selecting resources 313 and 314 from the reported candidate set.” The remaining candidate slots is the then current Y candidate slots, which is the initial Y candidate slots – (the randomly selected N slots + those slots excluded based on the previous partial sensing results). The resources 313 and 314 are selected “from the reported candidate set.”),
wherein the remaining candidate slots start after the slot (See, Fig. 7, #303, “Y candidate slots,” which contains the entirety of the Y candidate slots, of which the remaining candidate slots are a subset. The box 303 occurs after the slot n.) and end at a last slot of the Y candidate slots (See, Fig. 7, #303, the last slot of Y candidate slots (and thus the last slot of the remaining candidate slots) is contained within the box 303”.), and
wherein the Y, the N, and the K are positive integers (As discussed above, N = 5 and K = 5. Y corresponds to a number of slots, see, e.g., Fig. 7, “Y candidate slots,” and as such is an integer. Based on the above cited portions, and as shown, e.g., in Fig. 7, the Y slots include at least 5 slots (i.e., Y > 5). Accordingly, Y is also a positive integer).
Regarding claim 21/14, Lin discloses a first device comprising all elements recited in claim 14 as discussed above.
Lin discloses further that the K resources (See, Fig. 7; and ¶[0062], “the five reserved resources”) are at least one resource subject to the re-evaluation procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; ¶[0062], “it is re-evaluated whether the set of random selected and reserved resources are still in the subset of candidate resources”) or the pre-emption procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; and ¶[0062], “after excluding all resources reserved by others.”) among the N resources (See, ¶[0062], “ two of the five reserved resources are no longer part of the remaining candidate set”).
Regarding claim 22/14, Lin discloses a first device comprising all elements recited in claim 14 as discussed above.
Lin discloses further that information related to the K resources is transferred from a media access control (MAC) layer of the first device (See, e.g., ¶[0043], “the higher layer comprises a medium access control (MAC) layer on a UE side;” and ¶[0061], “the higher layer removes the affected resource from the sidelink grant and select a replacement resource from the reported candidate resource set;” and ¶[0062], the higher layer (i.e., the MAC layer) determines “that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer”) to a physical layer of the first device (See, e.g., ¶[0027], “a physical layer of the Tx-UE is triggered by higher layer(s) for SL resource selection;” ¶[0031], “a physical layer of a terminal (hereafter referred as user equipment (UE)) performs partial sensing;” and ¶[0037], “a PHY layer provides transport services to higher layers (e.g. MAC, RRC, etc.)”).
Regarding claim 25/15, Lin discloses a processing device comprising all elements recited in claim 15 as discussed above.
Lin discloses further that the K resources (See, Fig. 7; and ¶[0062], “the five reserved resources”) are at least one resource subject to the re-evaluation procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; ¶[0062], “it is re-evaluated whether the set of random selected and reserved resources are still in the subset of candidate resources”) or the pre-emption procedure (See, ¶[0061], “when all the necessary pre-sensing results from the periodic-based partial sensing are available at the time of resource (re)selection trigger slot (n), these reserved resources based on random selection are subject to re-evaluation or pre-emption checking”; and ¶[0062], “after excluding all resources reserved by others.”) among the N resources (See, ¶[0062], “ two of the five reserved resources are no longer part of the remaining candidate set”).
Regarding claim 26/15, Lin discloses a processing device comprising all elements recited in claim 15 as discussed above.
Lin discloses further that information related to the K resources is transferred from a media access control (MAC) layer of the first device (See, e.g., ¶[0043], “the higher layer comprises a medium access control (MAC) layer on a UE side;” and ¶[0061], “the higher layer removes the affected resource from the sidelink grant and select a replacement resource from the reported candidate resource set;” and ¶[0062], the higher layer (i.e., the MAC layer) determines “that two of the five reserved resources are no longer part of the remaining candidate set reported to the higher layer”) to a physical layer of the first device (See, e.g., ¶[0027], “a physical layer of the Tx-UE is triggered by higher layer(s) for SL resource selection;” ¶[0031], “a physical layer of a terminal (hereafter referred as user equipment (UE)) performs partial sensing;” and ¶[0037], “a PHY layer provides transport services to higher layers (e.g. MAC, RRC, etc.)”).
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.
Claims 5, 6, 23, 24, 27 and 28 are rejected under 35 U.S.C. §103 as being unpatentable over Lin in view of Ye et al. (US Published Patent Application No. US 2023/0337187) (hereinafter “Ye-1”).
Regarding claim 5/1, Lin teaches a method comprising all elements recited in claim 1 as discussed above.
Lin teaches further that starting of the remaining candidate slots among the Y candidate slots is a first candidate slot, after the slot (See, Fig. 7, which shows all of the slots of the Y candidate slots being inside the box labeled “303.” It follows that, all of the remaining candidate slots, being a subset of the Y candidate slots, are also within the same box 303. The first candidate slot, i.e., the starting slot of remaining candidate slots is thus also within the box 303. The box 303 in turn is shown to be within the bounds of the resource selection window (RSW). The start of the RSW, i.e., n+T1, occurs after the slot, i.e., the slot (n).).
Lin, while also teaching the processing time of the UE as it relates to the resource selection window (See, ¶[0052], “the UE first selects Y candidate slots 103 within a resource selection window 104 within a time interval of [n+T1, n+T2] based on the latency requirement/remaining PDB provided by the higher layer and a UE processing time.”), fails to explicitly teach that the is the first candidate slot after a processing time from the slot.
Ye-1 teaches an analogous field, i.e., a partial sensing based resource selection/reevaluation/preemption (See, e.g., the title and Fig. 3), and teaches that the first candidate slot is located after a processing time from the slot (See, ¶[0119], “the resource selection window may be defined by [n+T_1, n+T_2]. ….Consideration may be made of whether to introduce a threshold to redefine T_1 and T_2 such that T_1>=0 (subject to processing time constraint, T_proc,1), and T_2<=remaining PDB; and T_1−T_2<=(pre-) configured threshold.” Accordingly, Ye-1 teaches that the beginning slot of the selection window, i.e., n+T1, occurs at least T_proc,1, i.e., the processing time, from the slot n. In other words, T1 > T_proc, 1. It thus follows that the start of the selection window is at least n+T_proc,1, and that, since all remaining candidate slots (including the starting slot thereof) are contained within the selection window, the starting candidate slot of the remaining candidate slots occurs at least the processing time after the slot n.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-1, i.e., the use of the processing time (T_proc,1) to limit the starting slot of the resource selection window, as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the determination of the resource selection window based on the processing time taught by Lin (See, e.g., Lin, ¶[0052]). See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Regarding claim 6/1, Lin teaches a method comprising all elements recited in claim 1 as discussed above.
Lin further teaches that the remaining candidate slots among the Y candidate slots is remaining candidate slots, after the slot (See, Fig. 7, which shows all of the slots of the Y candidate being within the box labeled “303.” It follows that, all of the remaining candidate slots, being a subset of the Y candidate slots, are also within the same box 303. The box 303 in turn is shown to be within the bounds of the resource selection window (RSW).).
Lin, while also teaching the processing time of the UE as it relates to the resource selection window (See, ¶[0052], “the UE first selects Y candidate slots 103 within a resource selection window 104 within a time interval of [n+T1, n+T2] based on the latency requirement/remaining PDB provided by the higher layer and a UE processing time.”), fails to explicitly teach that the remaining candidate slots [are slots] after a processing time from the slot.
Ye-1 teaches an analogous field, i.e., a partial sensing based resource selection/reevaluation/preemption (See, e.g., the title and Fig. 3), and teaches that the remaining candidate slots are located after a processing time from the slot (See, ¶[0119], “the resource selection window may be defined by [n+T_1, n+T_2]. ….Consideration may be made of whether to introduce a threshold to redefine T_1 and T_2 such that T_1>=0 (subject to processing time constraint, T_proc,1), and T_2<=remaining PDB; and T_1−T_2<=(pre-) configured threshold.” Accordingly, Ye-1 teaches that the beginning slot of the selection window, i.e., n+T1, occurs at least T_proc,1, i.e., the processing time, from the slot n. In other words, T1 > T_proc, 1. It thus follows that the start of the selection window is at least n+T_proc,1, and that, since all remaining candidate slots are contained within the selection window, the remaining candidate slots occurs at least the processing time after the slot n.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-1, i.e., the use of the processing time (T_proc,1) to limit the starting slot of the resource selection window, as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the determination of the resource selection window based on the processing time taught by Lin (See, e.g., Lin, ¶[0052]). See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Regarding claim 23/14, Lin teaches a first device comprising all elements recited in claim 14 as discussed above.
Lin teaches further that starting of the remaining candidate slots among the Y candidate slots is a first candidate slot, after the slot (See, Fig. 7, which shows all of the slots of the Y candidate slots being inside the box labeled “303.” It follows that, all of the remaining candidate slots, being a subset of the Y candidate slots, are also within the same box 303. The first candidate slot, i.e., the starting slot of remaining candidate slots is thus also within the box 303. The box 303 in turn is shown to be within the bounds of the resource selection window (RSW). The start of the RSW, i.e., n+T1, occurs after the slot, i.e., the slot (n).).
Lin, while also teaching the processing time of the UE as it relates to the resource selection window (See, ¶[0052], “the UE first selects Y candidate slots 103 within a resource selection window 104 within a time interval of [n+T1, n+T2] based on the latency requirement/remaining PDB provided by the higher layer and a UE processing time.”), fails to explicitly teach that the is the first candidate slot after a processing time from the slot.
Ye-1 teaches an analogous field, i.e., a partial sensing based resource selection/reevaluation/preemption (See, e.g., the title and Fig. 3), and teaches that the first candidate slot is located after a processing time from the slot (See, ¶[0119], “the resource selection window may be defined by [n+T_1, n+T_2]. ….Consideration may be made of whether to introduce a threshold to redefine T_1 and T_2 such that T_1>=0 (subject to processing time constraint, T_proc,1), and T_2<=remaining PDB; and T_1−T_2<=(pre-) configured threshold.” Accordingly, Ye-1 teaches that the beginning slot of the selection window, i.e., n+T1, occurs at least T_proc,1, i.e., the processing time, from the slot n. In other words, T1 > T_proc, 1. It thus follows that the start of the selection window is at least n+T_proc,1, and that, since all remaining candidate slots (including the starting slot thereof) are contained within the selection window, the starting candidate slot of the remaining candidate slots occurs at least the processing time after the slot n.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-1, i.e., the use of the processing time (T_proc,1) to limit the starting slot of the resource selection window, as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the determination of the resource selection window based on the processing time taught by Lin (See, e.g., Lin, ¶[0052]). See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Regarding claim 24/14, Lin teaches a first device comprising all elements recited in claim 14 as discussed above.
Lin further teaches that the remaining candidate slots among the Y candidate slots is remaining candidate slots, after the slot (See, Fig. 7, which shows all of the slots of the Y candidate being within the box labeled “303.” It follows that, all of the remaining candidate slots, being a subset of the Y candidate slots, are also within the same box 303. The box 303 in turn is shown to be within the bounds of the resource selection window (RSW).).
Lin, while also teaching the processing time of the UE as it relates to the resource selection window (See, ¶[0052], “the UE first selects Y candidate slots 103 within a resource selection window 104 within a time interval of [n+T1, n+T2] based on the latency requirement/remaining PDB provided by the higher layer and a UE processing time.”), fails to explicitly teach that the remaining candidate slots [are slots] after a processing time from the slot.
Ye-1 teaches an analogous field, i.e., a partial sensing based resource selection/reevaluation/preemption (See, e.g., the title and Fig. 3), and teaches that the remaining candidate slots are located after a processing time from the slot (See, ¶[0119], “the resource selection window may be defined by [n+T_1, n+T_2]. ….Consideration may be made of whether to introduce a threshold to redefine T_1 and T_2 such that T_1>=0 (subject to processing time constraint, T_proc,1), and T_2<=remaining PDB; and T_1−T_2<=(pre-) configured threshold.” Accordingly, Ye-1 teaches that the beginning slot of the selection window, i.e., n+T1, occurs at least T_proc,1, i.e., the processing time, from the slot n. In other words, T1 > T_proc, 1. It thus follows that the start of the selection window is at least n+T_proc,1, and that, since all remaining candidate slots are contained within the selection window, the remaining candidate slots occurs at least the processing time after the slot n.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-1, i.e., the use of the processing time (T_proc,1) to limit the starting slot of the resource selection window, as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the determination of the resource selection window based on the processing time taught by Lin (See, e.g., Lin, ¶[0052]). See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Regarding claim 27/15, Lin teaches a processing device comprising all elements recited in claim 15 as discussed above.
Lin further teaches that the remaining candidate slots among the Y candidate slots is remaining candidate slots, after the slot (See, Fig. 7, which shows all of the slots of the Y candidate being within the box labeled “303.” It follows that, all of the remaining candidate slots, being a subset of the Y candidate slots, are also within the same box 303. The box 303 in turn is shown to be within the bounds of the resource selection window (RSW).).
Lin, while also teaching the processing time of the UE as it relates to the resource selection window (See, ¶[0052], “the UE first selects Y candidate slots 103 within a resource selection window 104 within a time interval of [n+T1, n+T2] based on the latency requirement/remaining PDB provided by the higher layer and a UE processing time.”), fails to explicitly teach that the remaining candidate slots [are slots] after a processing time from the slot.
Ye-1 teaches an analogous field, i.e., a partial sensing based resource selection/reevaluation/preemption (See, e.g., the title and Fig. 3), and teaches that the remaining candidate slots are located after a processing time from the slot (See, ¶[0119], “the resource selection window may be defined by [n+T_1, n+T_2]. ….Consideration may be made of whether to introduce a threshold to redefine T_1 and T_2 such that T_1>=0 (subject to processing time constraint, T_proc,1), and T_2<=remaining PDB; and T_1−T_2<=(pre-) configured threshold.” Accordingly, Ye-1 teaches that the beginning slot of the selection window, i.e., n+T1, occurs at least T_proc,1, i.e., the processing time, from the slot n. In other words, T1 > T_proc, 1. It thus follows that the start of the selection window is at least n+T_proc,1, and that, since all remaining candidate slots are contained within the selection window, the remaining candidate slots occurs at least the processing time after the slot n.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-1, i.e., the use of the processing time (T_proc,1) to limit the starting slot of the resource selection window, as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the determination of the resource selection window based on the processing time taught by Lin (See, e.g., Lin, ¶[0052]). See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Regarding claim 28/15, Lin teaches a processing device comprising all elements recited in claim 15 as discussed above.
Lin further teaches that the remaining candidate slots among the Y candidate slots is remaining candidate slots, after the slot (See, Fig. 7, which shows all of the slots of the Y candidate being within the box labeled “303.” It follows that, all of the remaining candidate slots, being a subset of the Y candidate slots, are also within the same box 303. The box 303 in turn is shown to be within the bounds of the resource selection window (RSW).).
Lin, while also teaching the processing time of the UE as it relates to the resource selection window (See, ¶[0052], “the UE first selects Y candidate slots 103 within a resource selection window 104 within a time interval of [n+T1, n+T2] based on the latency requirement/remaining PDB provided by the higher layer and a UE processing time.”), fails to explicitly teach that the remaining candidate slots [are slots] after a processing time from the slot.
Ye-1 teaches an analogous field, i.e., a partial sensing based resource selection/reevaluation/preemption (See, e.g., the title and Fig. 3), and teaches that the remaining candidate slots are located after a processing time from the slot (See, ¶[0119], “the resource selection window may be defined by [n+T_1, n+T_2]. ….Consideration may be made of whether to introduce a threshold to redefine T_1 and T_2 such that T_1>=0 (subject to processing time constraint, T_proc,1), and T_2<=remaining PDB; and T_1−T_2<=(pre-) configured threshold.” Accordingly, Ye-1 teaches that the beginning slot of the selection window, i.e., n+T1, occurs at least T_proc,1, i.e., the processing time, from the slot n. In other words, T1 > T_proc, 1. It thus follows that the start of the selection window is at least n+T_proc,1, and that, since all remaining candidate slots are contained within the selection window, the remaining candidate slots occurs at least the processing time after the slot n.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-1, i.e., the use of the processing time (T_proc,1) to limit the starting slot of the resource selection window, as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the determination of the resource selection window based on the processing time taught by Lin (See, e.g., Lin, ¶[0052]). See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Claims 12 and 13 are rejected under 35 U.S.C. §103 as being unpatentable over Lin in view of Ye et al. (US Published Patent Application No. US 2024/0298337) (hereinafter “Ye-2”).
Regarding claim 12/1, Lin teaches a method comprising all elements recited in claim 1 as discussed above.
Lin further teaches that, based on a remaining packet delay budget (PDB) of transmission by the first device (See, e.g., ¶[0055], “the higher layer …. triggers another resource (re)selection procedure in a second sidelink RP for an urgent/immediate transmission of one or more MAC PDUs/TBs”. Lin teaches that for TBs with low latency requirement, i.e., with small PDB, a resource selection based on contiguous partial sensing in a separate is to be used. See, Fig. 6; and ¶[0058], “UE is triggered at the same time to perform a resource (re)selection procedure periodically based on contiguous partial sensing for immediate/urgent transmissions of sidelink MAC PDUs/TBs on a second RP 206”.), the candidate resource set of the first device in the re-evaluation procedure or the pre-emption procedure is determined based on the Y candidate slots (See, ¶[0057], the UE initializes a full set of resources containing all candidate resources within a resource selection window (RSW) defined as [j+T1, j+T2],” “excludes one or more resources from the full set of candidate resources when the resource has been indicated/reserved by a received SCI and the measured RSRP is higher than a corresponding RSRP threshold.” Lin thus teaches monitoring substantially all resources in the resource selection window when selecting resources based on a contiguous partial sensing. Further, as discussed above in connection with claim 1, the candidate resource set for the re-evaluation procedure or the pre-emption procedure is the then current Y candidate slots, which is the initial Y candidate slots – (the randomly selected N slots + those slots excluded based on the previous partial sensing results). See, ¶[0062], “the reported candidate set.”).
Lin, however, fails to teach explicitly the PDB being less than or equal to a threshold.
Ye-2 teaches an analogous field, i.e., resource selection based on partial sensing (See, e.g., ¶[0102]), and teaches the PDB being less than or equal to a threshold (See, Ye-2, ¶[0098], “If contiguous partial sensing is applied, then the second set of reservation periods with fewer reservation periods than the first set may be used by the wireless device;” and ¶[0099], “If the PDB is below the threshold PDB, then the wireless device may use the second set of reservation periods with fewer reservation periods than the first set.” YE-2 thus teaches that a contiguous partial sensing is to be performed when the PDB is below a threshold.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-2, i.e., the use of a threshold in determining the level of latency requirement (See, Ye-2, ¶[0099], “if the data to be transmitted is associated with a larger PDB, then the data can tolerate longer delays and more reliable sensing may be applied”), as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the latency level based determination of triggering a continuous partial sensing as taught by Lin. See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Regarding claim 13/1, Lin teaches a method comprising all elements recited in claim 1 as discussed above.
Lin further teaches that, based on that a remaining packet delay budget (PDB) of transmission by the first device (See, e.g., ¶[0055], “the higher layer …. triggers another resource (re)selection procedure in a second sidelink RP for an urgent/immediate transmission of one or more MAC PDUs/TBs”. Lin teaches that for TBs with relatively higher latency requirement, i.e., with larger PDB, a contiguous partial sensing is not performed, and instead a periodic partial sensing is to be performed. See, Fig. 7.), the candidate resource set of the first device in the re-evaluation procedure or the pre-emption procedure is determined based on the N resources (As discussed above in connection with claim 1, the candidate resource set for the re-evaluation procedure or the pre-emption procedure is the then current Y candidate slots, which is the initial Y candidate slots – (the randomly selected N slots + those slots excluded based on the previous partial sensing results). Therefore, the determination of the candidate resource set is made in part in consideration of the N resources, which are to be excluded from the possible set of candidate slots.).
Lin, however, fails to teach explicitly that the PDB being greater than a threshold.
Ye-2 teaches an analogous field, i.e., resource selection based on partial sensing (See, e.g., ¶[0102]), and teaches a PDB being greater than a threshold (See, Ye-2, ¶[0099], “if the PDB greater than a threshold PDB, the wireless device may utilize a first set of reservation periods with more reservation periods;” and ¶[0098], “If contiguous partial sensing is not configured, then the wireless device may utilize a first set of reservation periods with more reservation periods.” Ye-2 thus teaches not performing a contiguous partial sensing when the PDB is greater than a threshold.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above teachings of Lin to incorporate the above teaching of Ye-2, i.e., the use of a threshold in determining the level of latency requirement (See, Ye-2, ¶[0099], “if the data to be transmitted is associated with a larger PDB, then the data can tolerate longer delays and more reliable sensing may be applied”), as such modification would be considered by one of ordinary skill in the art as obvious to try and logical variation of the latency level based determination of triggering a continuous partial sensing as taught by Lin. See, also MPEP §2141.III(E); and §2143.I(E), Example 9, the discussion of Perfect Web Tech., Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1328-29, 92 USPQ2d 1849, 1854 (Fed. Cir. 2009).
Conclusion
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/K.S.K./Examiner, Art Unit 2418 July 17, 2026
/Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
1 See LG Electronics Inc.’s IPR Information Statement and IPR Licensing Declaration and IPR
Information Statement Annex, ISLD-202402-088, pp 1 & 6 (listing the Application as “WO2023282588 A1”), Retrieved from the Internet<URL: https://ipr.etsi.org/IPRDetails.aspx?IPRD_ID=8364&IPRD_TYPE_ID=2&MODE=2&sessionkey=5d8a48> (Year: 2024). A copy of the ISLD-202402-088 is being provided herewith.
2 “Remaining.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/remaining. Accessed 16 Jul. 2026.
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