DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 01/12/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The abstract of the disclosure is objected to because of following informalities:
The abstract contains phrases, “various aspects of the present disclosure” and “In some aspects” in line 1 which can be implied. See MPEP § 608.01(b).
Claim Objections
Claims 1-30 are objected to because of the following informality:
Claim 1 recites, “information” (line 4 and last line). It is suggested to replace it with “first information” to ensure that “the information” (last line) refers to this information (line 4), not “side control information (SCI) (line 6). Claims 2 (line 1), 4 (line 2), 5 (line 2), 6 (line 2), 8 (line 3), 10 (line 1), 11 (line 2), 12 (line 3), 13 (line 1), 15 (line 1), 16 (lines 5 and 7-9), 17 (line 1), 19 (line 3), 20 (line 2), 21 (line 2), 23 (line 3), 25 (line 1), 26 (line 2), 27 (line 3), 28 (line 1) and 30 (line 1) are objected to at least based on a similar rationale applied to claim 1.
Claim 5 recites, “coordinating sidelink resources with one or more UEs” (line 2). It is suggested to replace it with “coordinating the sidelink resources with the one or more other UEs” for more clarity. Claims 6 and 20-21 are objected to at least based on a similar rationale applied to claim 5.
Claim 14 recites, “. . . reserved for data in the data communication” (line 2). It is suggested to replace it with “. . . reserved for the data in the data communication” for more clarity. Claim 29 is objected to at least based on a similar rationale applied to claim 14.
Claims 2-15 and 17-30 are also objected to since they are directly or indirectly dependent upon the objected claims, as set forth above.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 4 and 19 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 4 recites, “transmitting the SCI in the one or more subchannels for transmitting the information.” (lines 1-2). It is noted that claim 1 on which claim 4 depends recites, “sidelink control information (SCI) that indicates the one or more subchannels” (lines 6-7). For the same “one or more subchannels”, claim 1 requires that the one or more subchannels is indicated by the SCI while claim 4 requires that the SCI is in the one or more subchannels. It does NOT make sense that the SCI is in the one or more subchannels indicated by the SCI itself. Claim 19 is rejected at least based on a similar rationale applied to claim 4. For the sake of examination purpose only, it is interpreted as best understood.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 3-5, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over “Resource Allocation Enhancements for Mode 2” 3GPP TSG RAN WG1 Meeting #106-e e-Meeting, August 16th - 27th, 2021 (R1-2107023) (hereinafter “3GPP1”)1 in view of Fehren et al (US Publication No. 2023/0284267 A1).
Regarding claim 1, 3GPP1 discloses, a method of wireless communication performed by a first user equipment (UE) [sections 3.2 and 3.3, a method of wireless communication performed by UE-A], comprising:
selecting, based at least in part on channel sensing [section 3.2.1; page 6, see proposal 7, “based on UE’s sensing results”], one or more subchannels for transmitting information for coordinating sidelink resources with one or more other UEs [section 3.2.1; page 6, see proposal 7, the set of preferred resources (transmitted as a coordination information message) are based on the UE’s sensing results; further see section 3.3, “for UE-A to send the set of resources to UE-B; note that transmission of the set of resources by the UE-A requires selecting at least one resource for the transmission, and the resource(s) includes frequency (subchannel) and/or time resources, as shown in FIG. 4]; and
transmitting, to at least a second UE [sections 3.2 and 3.3, to the UE-B], sidelink control information (SCI) [sections 3.2 and 3.3, the UE-A sends, to the UE-B, the set of preferred resources as the coordination information via SCIs, “[s]ince the second stage SCIs are transmitted in the PSSCH, the new second stage SCI format can contain control information required by UE-B to identify and decode the coordination information”] . . . the one or more subchannels and one or more data transmission occasions in which the information is to be transmitted [sections 3.2 and 3.3, at least one resource and data payload occasions in which the coordination information message is transmitted via the SCI, see “[s]ince the second stage SCIs are transmitted in the PSSCH, the new second stage SCI format can contain control information required by UE-B to identify and decode the coordination information, while the coordination information message (i.e., information) itself, in the form of a set of resources, is transmitted as data payload (i.e., data transmission occasions) in the associated SL-SCH”; note that transmission of the set of resources by the UE-A requires selecting at least one resource for the transmission, and the resource(s) includes frequency (subchannel) and/or time resources, as shown in FIG. 4].
Although 3GPP1 discloses, “transmitting, to at least a second, sidelink control information (SCI) . . the one or more subchannels and one or more data transmission occasions in which the information is to be transmitted” as set forth above, 3GPP1 does not explicitly disclose (see, italicized and bold limitations), the SCI “indicates” the one or more subchannels and one or more data transmission occasions in which the information is to be transmitted.
However, Fehren discloses (see, italicized), transmitting, to at least a second, sidelink control information (SCI) that “indicates” resources2 in which the information is to be transmitted [¶0110-0116, the UE is to transmit a SCI indicating resource (see ¶0116 “subchannels”) locations of the transmission in the sub-resource pool (RP), the SCI including a frequency offset parameters indicating the resource location].
It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of 3GPP1 with "the above-mentioned known feature(s)" taught by Fehren to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Fehren into the system of 3GPP1 would have yield predictable results and/or resulted in the improved system, such as e.g., enabling to efficiently coordinate resource usage and avoid collisions without network scheduling, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Regarding claim 3, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 further discloses, wherein transmitting the SCI includes transmitting the SCI in a subchannel that is to include data [sections 3.2 and 3.3, note that every SCI is in at least one resource including one or more frequencies/subchannels, and the coordination information message is transmitted as data payload].
Regarding claim 4, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 further includes, wherein transmitting the SCI includes transmitting the SCI in the one or more subchannels for transmitting the information [sections 3.2 and 3.3, note that every SCI is in at least one resource including one or more frequencies/subchannels, and the coordination information message is transmitted based on the the at least one resource].
Regarding claim 5, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 further indicates, wherein the SCI is of an SCI type that is dedicated to transmitting information for coordinating sidelink resources with one or more UEs [section 3.3, the new second stage SCI format is to transmit a larger set of resources without any data payload (i.e., dedicated to transmit the large set of resources) attached to the SCI].
Regarding claim 16, 3GPP1 discloses, a first user equipment (UE) for wireless communication [sections 3.2 and 3.3, UE-A for wireless communication], comprising:
a memory [sections 3.2 and 3.3, UE-A; note that every UE has at least one memory]; and
one or more processors, coupled to the memory [sections 3.2 and 3.3, UE-A; note that every UE has at least one processor].
Since claim 16 recites similar features to claim 1 without additional features, claim 16 is rejected at least based on a similar rationale applied to claim 1.
Regarding claim 18, claim 18 is rejected at least based on a similar rationale applied to claim 3.
Regarding claim 19, claim 19 is rejected at least based on a similar rationale applied to claim 4.
Regarding claim 20, claim 20 is rejected at least based on a similar rationale applied to claim 5.
Claims 2, 7, 17 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over “Resource Allocation Enhancements for Mode 2” 3GPP TSG RAN WG1 Meeting #106-e e-Meeting, August 16th - 27th, 2021 (R1-2107023) (hereinafter “3GPP1”) in view of Fehren et al (US Publication No. 2023/0284267 A1) and further in view of Zhang et al (US Publication No. 2023/0030664 A1).
Regarding claim 2, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
Although 3GPP1 in view of Fehren does not explicitly disclose (see, italicized limitations), but Zhang discloses, wherein the SCI indicates that the information is to be included in multiple data transmission occasions [¶0042, the SCI indicates that the data transmission is performed on an indicated reserved periodic resource; note that since the periodic resource is repeated in a periodic manner, it is considered as multiple resources for the data transmission].
It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of 3GPP1 in view of Fehren with "the above-mentioned known feature(s)" taught by Zhang to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Zhang into the system of 3GPP1 in view of Fehren would have yield predictable results and/or resulted in the improved system, such as e.g., enabling to efficiently coordinate resource usage in more flexible manner, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Regarding claim 7, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
Although 3GPP1 in view of Fehren discloses, wherein the SCI further indicates one or more subchannels [see ¶0110-0116 of Fehren, the UE is to transmit a SCI indicating resource (see ¶0116 “subchannels”) locations of the transmission in the sub-resource pool (RP), the SCI including a frequency offset parameters indicating the resource location], 3GPP1 in view of Fehren does not explicitly disclose (see, italicized limitations), but Zhang discloses, the SCI indicates . . . at least one of the one or more data transmission occasions in which data is to be transmitted [¶0042, the SCI indicates that the data transmission is performed on an indicated reserved periodic resource; note that since the periodic resource is repeated in a periodic manner, it is considered as multiple resources for the data transmission].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above-mentioned feature(s) as taught by Zhang in the system of 3GPP1 in view of Fehren for similar rationales set forth above in claim 2.
Regarding claim 17, claim 17 is rejected at least based on a similar rationale applied to claim 2.
Regarding claim 22, claim 22 is rejected at least based on a similar rationale applied to claim 7.
Claims 6 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over “Resource Allocation Enhancements for Mode 2” 3GPP TSG RAN WG1 Meeting #106-e e-Meeting, August 16th - 27th, 2021 (R1-2107023) (hereinafter “3GPP1”) in view of Fehren et al (US Publication No. 2023/0284267 A1) and further in view of Peng et al (US Publication No. 2024/0015744)3.
Regarding claim 6, 3GPP1 in view of Fehren discloses, the method of claim 5 and particularly “the SCI is of an SCI type that is dedicated to transmitting information for coordinating sidelink resources with one or more UEs” as set forth above.
3GPP1 in view of Fehren does not explicitly disclose (see, italicized limitations), but Peng discloses, wherein the SCI includes at least one bit to indicate the SCI type [¶0173, 1 bit indicating the format of the first control information/SCI1-A] (see also e.g., ¶0175 at page 42 of CN 114554601).
It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of 3GPP1 in view of Fehren with "the above-mentioned known feature(s)" taught by Peng to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Peng into the system of 3GPP1 in view of Fehren would have yield predictable results and/or resulted in the improved system, such as e.g., enabling to efficiently coordinate resource usage and avoid collisions without network scheduling, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Regarding claim 21, claim 21 is rejected at least based on a similar rationale applied to claim 6.
Claims 8-9 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over “Resource Allocation Enhancements for Mode 2” 3GPP TSG RAN WG1 Meeting #106-e e-Meeting, August 16th - 27th, 2021 (R1-2107023) (hereinafter “3GPP1”) in view of Fehren et al (US Publication No. 2023/0284267 A1) and further in view of “Discussion on feasibility and benefits for mode 2 enhancements” 3GPP TSG WG1 Meeting #104-e e-Meeting, January 25th - February 5th, 2021 (R1-2100518) (hereinafter “3GPP2”)4.
Regarding claim 8, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 in view of Fehren does not explicitly disclose (see, italicized), but 3GPP2 discloses, “wherein the SCI includes at least one bit to indicate that the SCI indicates the one or more subchannels and the one or more data transmission occasions in which the information is to be transmitted and indicates one or more subchannels and at least one of the one or more data transmission occasions in which data is to be transmitted [see observation 18, when UE-A transmits two 2nd SCI formats (note that combined form of the two 2nd SCI formats being considered as the claimed SCI): one is for scheduling PSSCH (i.e., at least one subchannel/frequency and at least one data transmission occasion), and the other is for the inter-UE coordination information; note that every SCI (digital signal) includes at least one bit to indicate resource(s) or contents thereof].
It is noted that the above-mentioned feature is well known/established in the telecommunication art as recited in 3GPP standard, i.e., 3GPP2.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide well-established standard of providing the above-mentioned well-known feature, as taught by 3GPP2 in the system of 3GPP1 in view of Fehren, so that it would provide interoperability and compatibility between telecommunication equipment vendors and service providers, thereby providing users with easier and faster seamless transition regardless where the users are located in the country/world
Regarding claim 9, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 in view of Fehren does not explicitly disclose (see, italicized limitations), but 3GPP2 discloses, transmitting a separate SCI that indicates one or more subchannels and at least one of the one or more data transmission occasions in which data is to be transmitted [see observation 18, when UE-A transmits two (i.e., separate) 2nd SCI formats: one is for scheduling PSSCH (i.e., at least one subchannel/frequency and at least one data transmission occasion), and the other is for the inter-UE coordination information].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above-mentioned feature(s) as taught by 3GPP2 in the system of 3GPP1 in view of Fehren for similar rationales set forth above in claim 8.
Regarding claim 23, claim 23 is rejected at least based on a similar rationale applied to claim 8.
Regarding claim 24, claim 24 is rejected at least based on a similar rationale applied to claim 9.
Claims 10, 15, 25 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over “Resource Allocation Enhancements for Mode 2” 3GPP TSG RAN WG1 Meeting #106-e e-Meeting, August 16th - 27th, 2021 (R1-2107023) (hereinafter “3GPP1”) in view of Fehren et al (US Publication No. 2023/0284267 A1) and further in view of Kho et al (US Publication No. 2024/0292378 A1)5.
Regarding claim 10, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 in view of Fehren does not explicitly disclose (see, italicized limitations), but Kho discloses, wherein the SCI indicates that the information is to be included in an initial data transmission occasion of the one or more data transmission occasions and not in retransmission occasions of the one or more data transmission occasions [¶0175, this is a time instance (e.g., frame/subframe/slot/symbol index) corresponding to the initial transmission transmission of the inter-UE coordination feedback t.sub.tx_fbck containing the preferred/non-preferred resource set] (see also e.g., page 5 of US Provisional App. No. 63/230,017).
It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of 3GPP1 in view of Fehren with "the above-mentioned known feature(s)" taught by Kho to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Kho into the system of 3GPP1 in view of Fehren would have yield predictable results and/or resulted in the improved system, such as e.g., enabling to transmit the inter-UE coordination message in a higher priority to efficiently coordinate resource usage and avoid collisions without network scheduling, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Regarding claim 15, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 in view of Fehren does not explicitly disclose (see, italicized limitations), but Kho discloses, wherein the SCI indicates that the information is to be included in no more than one data transmission occasion [¶0175, this is a time instance corresponding to the initial transmission of the inter-UE coordination feedback t.sub.tx_fbck containing the preferred/non-preferred resource set] (see also e.g., page 5 of US Provisional App. No. 63/230,017).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the above-mentioned feature(s) as taught by Fehren in the system of 3GPP1 in view of Fehren for similar rationales set forth above in claim 10.
Regarding claim 25, claim 25 is rejected at least based on a similar rationale applied to claim 10.
Regarding claim 30, claim 30 is rejected at least based on a similar rationale applied to claim 15.
Claims 11-12 and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over “Resource Allocation Enhancements for Mode 2” 3GPP TSG RAN WG1 Meeting #106-e e-Meeting, August 16th - 27th, 2021 (R1-2107023) (hereinafter “3GPP1”) in view of Fehren et al (US Publication No. 2023/0284267 A1) and further in view of Rangrao et al (US Publication No. 2015/0085765 A1).
Regarding claim 11, 3GPP1 in view of Fehren discloses, the method of claim 1 as set forth above.
3GPP1 in view of Fehren does not explicitly disclose (see, italicized limitations), but Rangrao discloses, wherein each subchannel of the one or more subchannels in which the information is to be included is adjacent to a subchannel that is to include data [FIG. 2; its related descriptions; ¶0025, subchannel 4 in which the control information 272 (see reference number 286 of FIG. 2) is to be included is adjacent to subchannel 3 that is to include data traffic 282].
It is noted that the above-mentioned feature is a known technique in the field Applicant's endeavor, e.g., telecommunication art.
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the system of 3GPP1 in view of Fehren with "the above-mentioned known feature(s)" taught by Rangrao to reach the claimed invention as set forth above. Since one having ordinary skill in the art could have recognized that applying the known technique taught by Rangrao into the system of 3GPP1 in view of Fehren would have yield predictable results and/or resulted in the improved system, such as e.g., enabling to efficiently schedule resource usage and avoid collisions without network scheduling, such a modification (or application) would have involved the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Regarding claim 12, 3GPP1 in view of Fehren and Rangrao discloses, the method of claim 11 as set forth above.
3GPP1 in view of Fehren and Rangrao further discloses (see, italic limitations), wherein the channel sensing includes sensing whether a subchannel, which is adjacent to a subchannel that is to include data, is available for the information [see 3.2.1 of 3GPP1, UE-A sends a set of resources that it sees available during its sensing and resource selection process].
Regarding claim 26, claim 26 is rejected at least based on a similar rationale applied to claim 11.
Regarding claim 27, claim 27 is rejected at least based on a similar rationale applied to claim 12.
Allowable Subject Matter
Claims 13-14 and 28-29 would be allowable if rewritten to overcome the claim objections set forth above and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon are considered pertinent to applicant's disclosure.
Ganesan et al (US Publication No. 2024/0057121 A1) [FIG. 2; its related descriptions]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUN JONG KIM whose telephone number is (571)270-3216. The examiner can normally be reached on 7:30am-5:30pm(M-T).
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, Ian Moore can be reached on (571) 272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUN JONG KIM/Primary Examiner, Art Unit 2469
1 3GPP1 was cited in an IDS by the applicant.
2 Since the term “resource(s)” is introduced by the examiner as a generic term for “one or more subchannels and one or more data transmission occasions” (originally claimed) for the sake of discussion purpose on how the cited reference(s) is mapped to the claimed invention, there is no alternation or change on the claimed scope or features due to the generic term
3 Peng claims priority of CN 114554601 filed on 12/30/2020, thus Peng is qualified as a prior art under 102(a)(2) for the instant application with the effective filing date 09/11/2021. Also, copy of English translation (see attached) to Peng (CN 114554601) is used for the sake of claim mapping purpose.
4 3GPP2 was cited in an IDS by the applicant.
5 Kho claims priority of US Provisional Application No. 63/230,017 filed on 08/05/2021, thus Kho is qualified as a prior art under 102(a)(2) for the instant application with the effective filing date 09/11/2021.