DETAILED ACTION
This office action is a response to an application filed on 02/28/2024.
Claims 1- 20 are pending for examination.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application.
Drawings
The Examiner contends that the drawings submitted on 02/28/2024 are acceptable for examination proceedings.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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(a) 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 non-obviousness.
Claims 1-3, 6-8, 11-13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20190150135 A1), hereinafter “Lee”; and in further view of Nguyen et al. (US 20200195414 A1), hereinafter “Nguyen”.
Regarding claim 1, Lee teaches A resource configuration method, comprising: obtaining first configuration information, wherein
the first configuration information indicates a first resource pool used by a first terminal apparatus to send first information [Lee: Fig. 10, 11; Par. 126- 150 teaches of sending and receiving V2V message transmission resource including communication-related resource pool 102], and
the first information is information using new radio (NR) radio access; and
sending resource occupation information to a network apparatus, wherein
the resource occupation information indicates resource occupation of a second information set in the first resource pool [Lee; Fig. 10; Par. 137- 140 teaches of selecting resource information from resource pool],
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However, Lee does not teach the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and
the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access.
Nevertheless, Nguyen, in the similar filed of endeavor, teaches the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and
the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access [Nguyen: Fig. 5; Par. 27; 75- 80 teaches of receiving and transmitting of first and second packets with different RAT and scheduled to transmit V2X communication].
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Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Nguyen for detecting and selecting prior packet/ information in different radio access network. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication without interruption [Nguyen: Par. 11].
Regarding claim 2, the combined Lee in view of Nguyen teaches all the limitations in the parent claim 1. Lee in view of Nguyen further teaches receiving, from the network apparatus, second configuration information for reconfiguring the first resource pool to a second resource pool, wherein
the second configuration information is determined based on the resource occupation information of the second information set in the first resource pool [Lee; Par. 125- 150 further teaches of having overlaps with resource pools and configured which resource pool has high priority, and
the second resource pool is used, instead of the first resource pool, by the first terminal apparatus to send the first information [Nguyen: Fig. 5 illustrates selecting the one with priority based on prior packets].
Regarding claim 3, the combined Lee in view of Nguyen teaches all the limitations in the parent claim 1. Lee in view of Nguyen further teaches the first time-frequency resource belongs to time-frequency resources where the first resource pool overlaps a third resource pool used by the at least one second terminal apparatus to send the second information [Lee: Par. 125- 150].
Regarding claim 6, the claim is interpreted and rejected for the same reason as set forth for claim 1.
Regarding claim 7, the claim is interpreted and rejected for the same reason as set forth for claim 2.
Regarding claim 8, the claim is interpreted and rejected for the same reason as set forth for claim 3.
Regarding claim 11, Lee teaches A communication apparatus, comprising a processor and a transceiver, wherein
the processor is configured to obtain first configuration information, wherein
the first configuration information indicates a first resource pool used by the communication apparatus to send first information[Lee: Fig. 10, 11; Par. 126- 150 teaches of sending and receiving V2V message transmission resource including communication-related resource pool 102], and
the first information is information using new radio (NR) radio access; and
the transceiver is configured to send resource occupation information to a network apparatus, wherein the resource occupation information indicates resource occupation of a second information set in the first resource pool[Lee; Fig. 10; Par. 137- 140 teaches of selecting resource information from resource pool],
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However, Lee does not teach the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access.
Nevertheless, Nguyen, in the similar filed of endeavor, teaches the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and
the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access [Nguyen: Fig. 5; Par. 27; 75- 80 teaches of receiving and transmitting of first and second packets with different RAT and scheduled to transmit V2X communication].
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Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Nguyen for detecting and selecting prior packet/ information in different radio access network. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication without interruption [Nguyen: Par. 11].
Regarding claim 12, the claim is interpreted and rejected for the same reason as set forth for claim 2.
Regarding claim 13, the claim is interpreted and rejected for the same reason as set forth for claim 3.
Regarding claim 16, Lee teaches A communication apparatus, comprising a processor and a transceiver, wherein the processor is configured to generate first configuration information, wherein the first configuration information indicates a first resource pool used by a first terminal apparatus to send first information [Lee: Fig. 10, 11; Par. 126- 150 teaches of sending and receiving V2V message transmission resource including communication-related resource pool 102], and the first information is information using new radio (NR) radio access; and the transceiver is configured to: send the first configuration information to the first terminal apparatus, and receive resource occupation information from the first terminal apparatus, wherein the resource occupation information indicates resource occupation of a second information set in the first resource pool [Lee; Fig. 10; Par. 137- 140 teaches of selecting resource information from resource pool],
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However, Lee does not teach the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access.
Nevertheless, Nguyen, in the similar filed of endeavor, teaches the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and
the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access [Nguyen: Fig. 5; Par. 27; 75- 80 teaches of receiving and transmitting of first and second packets with different RAT and scheduled to transmit V2X communication].
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Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Nguyen for detecting and selecting prior packet/ information in different radio access network. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication without interruption [Nguyen: Par. 11].
Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth for claim 2.
Regarding claim 18, the claim is interpreted and rejected for the same reason as set forth for claim 3.
Allowable Subject Matter
Claims 4-5, 9-10, 14-15, and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowable subject matter:
A full search was conducted and the features of the instant claims 4-5, 9-10, 14-15, and 19-20 were not found to be in any reasonable combination of the closest prior art in combination of Lee in view of Nguyen.
With respect to exemplary, the prior arts in above teach of method and devices for resource configuring and transmission based on priority [Lee: Abstract, Par. 125- 150 and Nguyen: Par. 75- 80].
However, the combined Lee in view of Nguyen does not disclose, suggest or render obvious the limitations of the instant claims 4, 9, 14 and 19 reciting;
“the resource occupation information comprises resource usage,
the resource usage is a ratio of a quantity of subchannels occupied by the second information set in a first measurement window to a total quantity of subchannels that are in the first resource pool and comprised in the first measurement window,
a length of the first measurement window is configured, preconfigured, or predefined by the network apparatus,
the subchannels occupied by the second information set comprise
a subchannel whose reference signal received power (RSRP) value is greater than a first RSRP threshold, or
a subchannel whose received signal strength indicator (RSSI) value is greater than a first RSSI threshold, and
the first RSRP threshold or the first RSSI threshold is configured, preconfigured, or predefined by the network apparatus.”
In addition, the combined Lee in view of Nguyen does not disclose, suggest or render obvious the limitations of the instant claims 5, 10, 15 and 20 reciting;
“the resource usage is greater than or equal to a first threshold, and time-frequency resources comprised in the second resource pool are fewer than time-frequency resources comprised in the first resource pool; or
the resource usage is greater than or equal to a second threshold, frequency domain resources comprised in the second resource pool do not overlap a first channel, and the first channel comprises frequency domain resources comprised in the first resource pool and frequency domain resources comprised in a third resource pool used by the at least one second terminal apparatus to send the second information; or
the resource usage COR and a first proportion RE-UTRA NR satisfy the following formula: α1×COR≤RE-UTRA NR≤α2×COR, wherein 0<α1≤α2≤1, the first proportion is a proportion of frequency domain resources that are occupied on a first channel and that are in frequency domain resources of the second resource pool, and the first channel comprises frequency domain resources comprised in the first resource pool and frequency domain resources comprised in the third resource pool”.
Therefore, Claims 4-5, 9-10, 14-15, and 19-20 are indicated as containing allowable subject matter and allowed over the closest Prior Art references of Lee in view of Nguyen.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure.
A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYAW Z SOE whose telephone number is (571)270-0304. The examiner can normally be reached on 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached on 5712707191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYAW Z SOE/Primary Examiner, Art Unit 2412