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 .
Claim Rejections - 35 USC § 103
1. 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.
2. 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 of this title, 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 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No US 2022/0256553 to Lin et al. (hereinafter Lin) in view of U.S. Publication No US 2023/0020105 to Shin et al. (hereinafter Shin)
As to claims 8 and 9, Lin discloses a User Equipment (UE), comprising:
at least one processor; and
a non-transitory machine-readable medium coupled to the at least one processor and storing one or more computer executable instructions that, when executed by the at least one processor, cause the UE to:
remove a first resource from a selected sidelink grant in response to determining that the first resource is indicated for pre-emption by a physical layer to a Medium Access Control (MAC) layer (Lin; [0008]; [0040] discloses when the first UE (e.g. a lower layer of the first UE, such as the physical layer) determine that one or more SL resources of SL resources already reserved by the first UE are pre-empted by a second UE, as indicated by the SCI, and a priority of the first UE is lower than a priority of the second UE, e.g. the second UE has a higher transmission priority than the first UE, then a re-selection process is triggered (e.g. by a higher layer of the first UE, such as the MAC layer) to select replacement SL resources that may be used instead of the SL resources which had been reserved by the first UE but are reserved/pre-empted by the second UE. Reserved SL resources by the first UE are pre-empted by a second UE and since the second UE is using the reserved resource that means the first UE is not using (=removing) the reserved resource and reselect another resource),
Lin discloses first UE (e.g. a lower layer of the first UE, such as the physical layer) determine that one or more SL resources of SL resources already reserved by the first UE are pre-empted by a second UE, as indicated by the SCI, and a priority of the first UE is lower than a priority of the second UE, e.g. the second UE has a higher transmission priority than the first UE, then a re-selection process is triggered. Lin fails to disclose the first resource being indicated by prior sidelink control information (SCI). However, Shin discloses
the first resource being indicated by prior sidelink control information (SCI) (Shin; Abstract; [0222] discloses a terminal in a wireless communication system may include identifying a first candidate resource set for sidelink communication in a first resource selection window, through sensing based on first sidelink control information (SCI) received in a first sensing window, reporting the first candidate resource set to a higher layer of the terminal, so that the higher layer of the terminal selects a first resource in the first candidate resource set, identifying a second candidate resource set for sidelink communication in a second resource selection window, through sensing based on second SCI received in a second sensing window, determining whether to perform pre-emption or re-evaluation for the first resource, based on the second SCI, and when it is determined to perform the pre-emption or the re-evaluation for the first resource, triggering re-selection of resources for sidelink communication, and reporting the first resource for which the pre-emption or the re-evaluation has been performed, and the second candidate resource set to the higher layer of the terminal, so that the higher layer of the terminal performs re-selection of resources based on the first resource for which the pre-emption or the re-evaluation has been performed and the second candidate resource set);
re-select a second resource from a resource set indicated by the physical layer to the MAC layer (Shin; Abstract; [0222] discloses a terminal in a wireless communication system may include identifying a first candidate resource set for sidelink communication in a first resource selection window, through sensing based on first sidelink control information (SCI) received in a first sensing window, reporting the first candidate resource set to a higher layer of the terminal, so that the higher layer of the terminal selects a first resource in the first candidate resource set, identifying a second candidate resource set for sidelink communication in a second resource selection window, through sensing based on second SCI received in a second sensing window, determining whether to perform pre-emption or re-evaluation for the first resource, based on the second SCI, and when it is determined to perform the pre-emption or the re-evaluation for the first resource, triggering re-selection of resources for sidelink communication, and reporting the first resource for which the pre-emption or the re-evaluation has been performed, and the second candidate resource set to the higher layer of the terminal, so that the higher layer of the terminal performs re-selection of resources based on the first resource for which the pre-emption or the re-evaluation has been performed and the second candidate resource set); and
replace the first resource with the second resource, wherein the second resource is later than the first resource (Shin; Abstract; [0222] discloses a terminal in a wireless communication system may include identifying a first candidate resource set for sidelink communication in a first resource selection window, through sensing based on first sidelink control information (SCI) received in a first sensing window, reporting the first candidate resource set to a higher layer of the terminal, so that the higher layer of the terminal selects a first resource in the first candidate resource set, identifying a second candidate resource set for sidelink communication in a second resource selection window, through sensing based on second SCI received in a second sensing window, determining whether to perform pre-emption or re-evaluation for the first resource, based on the second SCI, and when it is determined to perform the pre-emption or the re-evaluation for the first resource, triggering re-selection of resources for sidelink communication, and reporting the first resource for which the pre-emption or the re-evaluation has been performed, and the second candidate resource set to the higher layer of the terminal, so that the higher layer of the terminal performs re-selection of resources based on the first resource for which the pre-emption or the re-evaluation has been performed and the second candidate resource set).
It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to use the limited resources in an effective way.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAISAL CHOUDHURY whose telephone number is (571)270-3001. The examiner can normally be reached M-F 8AM-6P.M.
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, Joseph Avellino can be reached at 5712723905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FAISAL CHOUDHURY/Primary Examiner, Art Unit 2478
Prosecution Insights