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) submitted on 3/25/2024 and 9/30/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The claimed invention is directed to non-statutory subject matter. Claim 20 does not fall within at least one of the four categories of patent eligible subject matter because claim 20 is directed to a computer program. They are directed to the software itself, not a process occurring as a result of executing the software, a machine programmed to operate in accordance with the software nor a manufacture structurally and functionally interconnected with the software in a manner which enables the software to act as a computer component and realize its functionality. They are also clearly not directed to a composition of matter. Therefore, claim 20 is non-statutory under 35 U.S.C. 101.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is directed to “An apparatus comprising”. However, claim further recites “determining, by a transmitting user equipment, absence of a feedback message” and “and performing, by the transmitting user equipment, a first action that…“. It is unclear why “transmitting user equipment” is performing these steps while the claim is directed to “an apparatus”. Therefore, the metes and bounds of claim are not clear as the one of ordinary skill in the art would not know from the claim terms what structure or steps are encompassed by the claim. MPEP 2173.05(g). Examiner advise removing “by the transmitting user equipment.”
Claim 1 also recites “determining, by a transmitting user equipment, absence of a feedback message from a receiving user equipment, which feedback message is related to a transmission of the transmitting user equipment over a sidelink to the receiving user equipment”. It is unclear what is the object of “determining” as it is already determined that a feedback message from a receiving user equipment is not received. That is, without determining what feedback messages is related to a transmission of the transmitting user equipment over a sidelink to the receiving user equipment, one cannot make the determination whether the feedback message from a receiving user equipment is absent or not. Therefore, the metes and bounds of claim are not clear as the one of ordinary skill in the art would not know from the claim terms what structure or steps are encompassed by the claim. MPEP 2173.05(g).
Claims 2-13 are rejected for their dependencies to claim 1.
Claim 12 recites “the second action” which lacks antecedent. Therefore, the metes and bounds of claim is not clear as the one of ordinary skill in the art would not know from the claim terms what structure or steps are encompassed by the claim. MPEP 2173.05(g).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-7, 9, 14, 16-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Leng et al. (US20250310802A1, hereinafter Leng) in view of Pan et al. (US20250150212A1, hereinafter Pan).
For claim 1, Leng teaches an apparatus ([Para. 0004], Embodiments of this application provide a communication apparatus. [Para. 0220], FIG. 9 is a schematic structural diagram of an apparatus) comprising: at least one processor ([Para. 0006], The communications apparatus includes a memory and a processor), and at least one memory storing instructions that ([Para. 0006], the memory is configured to store a computer program), when executed by the at least one processor ([Para. 0006], the memory is configured to store a computer program, and the processor is configured to execute the computer program stored in the memory to cause the communication apparatus to perform operations), cause the apparatus to perform: determining, by a transmitting user equipment, absence of a feedback message from a receiving user equipment, which feedback message is related to a transmission of the transmitting user equipment over a sidelink to the receiving user equipment ([Para. 0072] and [FIG. 4], A first device transmits a PSSCH to a second device. [Para. 0075], The PSFCH may be a PSFCH to be fed back by the second device after the PSSCH is received by the second device. [Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1), determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time ([Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1. [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device [Examiner’s Note: Incrementing numConsecutiveDTX is based on determining that the feedback is associated with shared channel occupancy time]), and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time ([Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1. [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. [Examiner’s Note: Performing counting on the PSFCH associated with the shared COT that is not received is the first action]).
Although teaching incrementing numConsecutiveDTX only if PSFCH is within the shared channel occupancy time, Leng does not explicitly disclose determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time, and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time.
Pan is directed to providing sidelink operation in unlicensed spectrum. More specifically, Pan teaches determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time ([Para. 0093], If the gap between two transmissions, one from the TX UE 51 a and one from the RX UE 51 b is less than or equal to a time threshold (say threshold 1), then the UE 51 who shares the COT may continue the transmission (e.g., the second transmission) without LBT. However, if duration of feedback (e.g., PSFCH) from RX UE 51 b is larger than the remaining COT duration, then the UE 51 who shares the COT may perform LBT for the transmission [Examiner’s Note: This indicates that the feedback transmission on PSFCH may be within shared COT]. [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: According to paragraphs 0093 and 0108, if the feedback transmission on the PSFCH is within the shared COT, the receiving UE performs LBT type 2 or proceed without performing LBT. If the feedback transmission on the PSFCH is outside of the shared COT, the receiving UE performs LBT type 1 for the transmission. Therefore, based on the teaching of Pan, the absent PSFCH within the shared COT in Leng indicates it is the either associated with the shared COT, or both the shared COT and LBT type 2]), and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time ([Para. 0093], If the gap between two transmissions, one from the TX UE 51 a and one from the RX UE 51 b is less than or equal to a time threshold (say threshold 1), then the UE 51 who shares the COT may continue the transmission (e.g., the second transmission) without LBT. However, if duration of feedback (e.g., PSFCH) from RX UE 51 b is larger than the remaining COT duration, then the UE 51 who shares the COT may perform LBT for the transmission. [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that for the feedback transmission on the PSFCH within the shared COT, the receiving UE performs LBT type 2 or proceed without performing LBT, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
For claim 4, Leng and Pan teach the apparatus of claim 1. The references further teach further caused to perform: determining, by the transmitting user equipment, whether the sidelink physical feedback channel from which the feedback message is absent is associated with neither any listen before talk type 2 channel access nor with any shared channel occupancy time (Leng [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: Based on Pan, if the feedback transmission is outside of the shared COT, the receiving UE performs LBT type 1 for the transmission. Therefore, based on Leng and Pan, the absent PSFCH outside of the shared COT indicates it is associated with neither the shared COT, nor LBT type 2]), and performing, by the transmitting user equipment, a second action in response to determining that the sidelink physical feedback channel from which the feedback message is absent is associated with neither any listen before talk type 2 channel access nor with any shared channel occupancy time (Leng [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. Leng [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device [Examiner’s Note: The first device does not count numConsecutiveDTX for the PSFCH outside the shared COT that is not received]. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission. Pan [Para. 0128], UE 51 may retransmit the feedback for HARQ ACK/NACK in PSFCH [Examiner’s Note: Feedback in PSFCH outside the shared COT performs LBT type 1. The second action does not count numConsecutiveDTX for the feedback not received that is associated with neither the shared COT, nor LBT type 2]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that the feedback in PSFCH outside of the shared COT performs LBT type 1, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
For claim 5, Leng and Pan teach the apparatus of claim 4. The references further teach wherein the second action comprises decreasing the discontinuous reception counter (Leng [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. Leng [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. Leng [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device [Examiner’s Note: The first counter performs counting when PSFCH is within the shared COT]. Leng [Para. 0122], N may be subtracted from the first counter when the trigger condition is met, where N is a positive integer. The first device may subtract N from the first counter when at least one of the following conditions is met. [Examiner’s Note: Since the first counter is only decreased, it is not performing counting. PSFCH is not received as stated in paragraph 0119 for the case. That the PSFCH is not received and the first counter is not performing counting further indicates that PSFCH is not within shared COT, satisfying the condition for the second action]. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: PSFCH outside COT uses LBT type 1]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that PSFCH outside of COT is transmitted using LBT type 1, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
For claim 6, Leng and Pan teach the apparatus of claim 4. The references further teach wherein the second action comprises re-initialising the discontinuous reception counter (Leng [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device [Examiner’s Note: The first counter performs counting when the PSFCH not received is within the shared COT]. Leng [Para. 0120], the first counter may be set to 0 when a trigger condition is met. [Examiner’s Note: Since the first counter is only re-initialized, it is not performing counting. PSFCH is not received as stated in paragraph 0119 for the case. That the PSFCH is not received and the first counter is not performing counting further indicates that PSFCH is not within shared COT, satisfying the condition for the second action]. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: PSFCH outside COT uses LBT type 1]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that PSFCH outside of COT is transmitted using LBT type 1, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
For claim 7, Leng and Pan teach the apparatus of claim 4. The references further teach wherein the second action comprises maintaining the discontinuous reception counter unchanged (Leng [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. Leng [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. Leng [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device [Examiner’s Note: The first counter performs counting when PSFCH is within the shared COT. That the first device is not performing counting and PSFCH is not received as stated in paragraph 0119 for the case indicates that PSFCH is not within shared COT, satisfying the condition for the second action, and DTX counter remains unchanged without additional operation]. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: PSFCH outside COT uses LBT type 1]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that PSFCH outside of COT is transmitted using LBT type 1, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
For claim 9, Leng and Pan teach the apparatus of claim 1. The references further teach wherein the shared channel occupancy time comprises a channel occupancy time that is shared by another transmitter with the receiving user equipment and overlapping with the physical feedback channel for carrying feedback message related to the transmission of the transmitting user equipment (Pan [Para. Para. 0093], If the gap between two transmissions, one from the TX UE 51 a and one from the RX UE 51 b is less than or equal to a time threshold (say threshold 1), then the UE 51 who shares the COT may continue the transmission (e.g., the second transmission) without LBT. However, if duration of feedback (e.g., PSFCH) from RX UE 51 b is larger than the remaining COT duration, then the UE 51 who shares the COT may perform LBT for the transmission [Examiner’s Note: This description indicates that the PSFCH may be within shared COT]. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission [Examiner’s Note: PSFCH within COT or using LBT type 2 are the conditions for the first action]. Pan [Para. 0083], an RX UE 51 b may share a COT with one or more TX UEs 51 a [Examiner's Note: More than one transmitting UEs share COT with the receiving UE and the receiving UE transmits feedback in PSFCH within the shared COT]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that more than one transmitting UEs share COT with the receiving UE that transmits feedback in PSFCH in the shared COT, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
For claim 14, Leng teaches a method ([Para. 0004], Embodiments of this application provide a communication method) comprising: determining, by a transmitting user equipment, absence of a feedback message from a receiving user equipment, which feedback message is related to a transmission of the transmitting user equipment over a sidelink to the receiving user equipment ([Para. 0072] and [FIG. 4], A first device transmits a PSSCH to a second device. [Para. 0075], The PSFCH may be a PSFCH to be fed back by the second device after the PSSCH is received by the second device. [Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1), determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time ([Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1. [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device [Examiner’s Note: Incrementing numConsecutiveDTX is based on determining that the feedback is associated with shared channel occupancy time]), and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time ([Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1. [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. [Examiner’s Note: Performing counting on the PSFCH associated with the shared COT that is not received is the first action]).
Although teaching incrementing numConsecutiveDTX only if PSFCH is within the shared channel occupancy time, Leng does not explicitly disclose determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time, and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time.
Pan is directed to providing sidelink operation in unlicensed spectrum. More specifically, Pan teaches determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time ([Para. 0093], If the gap between two transmissions, one from the TX UE 51 a and one from the RX UE 51 b is less than or equal to a time threshold (say threshold 1), then the UE 51 who shares the COT may continue the transmission (e.g., the second transmission) without LBT. However, if duration of feedback (e.g., PSFCH) from RX UE 51 b is larger than the remaining COT duration, then the UE 51 who shares the COT may perform LBT for the transmission [Examiner’s Note: This indicates that the feedback transmission on PSFCH may be within shared COT]. [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: According to paragraphs 0093 and 0108, if the feedback transmission on the PSFCH is within the shared COT, the receiving UE performs LBT type 2 or proceed without performing LBT. If the feedback transmission on the PSFCH is outside of the shared COT, the receiving UE performs LBT type 1 for the transmission. Therefore, based on the teaching of Pan, the absent PSFCH within the shared COT in Leng indicates it is the either associated with the shared COT, or both the shared COT and LBT type 2]), and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time ([Para. 0093], If the gap between two transmissions, one from the TX UE 51 a and one from the RX UE 51 b is less than or equal to a time threshold (say threshold 1), then the UE 51 who shares the COT may continue the transmission (e.g., the second transmission) without LBT. However, if duration of feedback (e.g., PSFCH) from RX UE 51 b is larger than the remaining COT duration, then the UE 51 who shares the COT may perform LBT for the transmission. [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Leng, so that for the feedback transmission on the PSFCH within the shared COT, the receiving UE performs LBT type 2 or proceed without performing LBT, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
Claims 16-17 are method claims and they do not teach or further define over the limitations recited in claims 4 and 9. Therefore, claims 16-17 are also rejected for similar reasons set forth in claims 4 and 9.
For claim 20, Leng teaches a computer program comprising computer executable program instructions configured to cause performing ([Para. 0225], An embodiment of this application further provides a computer program product. The computer program product includes a program. The program causes a computer to perform the method executed by the communications apparatus in various embodiments of this application): determining, by a transmitting user equipment, absence of a feedback message from a receiving user equipment, which feedback message is related to a transmission of the transmitting user equipment over a sidelink to the receiving user equipment ([Para. 0072] and [FIG. 4], A first device transmits a PSSCH to a second device. [Para. 0075], The PSFCH may be a PSFCH to be fed back by the second device after the PSSCH is received by the second device. [Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1), determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time ([Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1. [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device [Examiner’s Note: Incrementing numConsecutiveDTX is based on determining that the feedback is associated with shared channel occupancy time]), and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time ([Para. 0065], The sidelink HARQ entity may perform the following operations for each PSFCH reception occasion associated with the transmission of the physical sidelink shared channel (PSSCH): (1) If the PSFCH is not received in the PSFCH reception occasion, numConsecutiveDTX may be incremented by 1. [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. [Examiner’s Note: Performing counting on the PSFCH associated with the shared COT that is not received is the first action]).
Although teaching incrementing numConsecutiveDTX only if PSFCH is within the shared channel occupancy time, Leng does not explicitly disclose determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time, and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time.
Pan is directed to providing sidelink operation in unlicensed spectrum. More specifically, Pan teaches determining, by the transmitting user equipment, whether the feedback message is absent from a sidelink physical feedback channel associated with a listen before talk type 2 channel access or with a shared channel occupancy time ([Para. 0093], If the gap between two transmissions, one from the TX UE 51 a and one from the RX UE 51 b is less than or equal to a time threshold (say threshold 1), then the UE 51 who shares the COT may continue the transmission (e.g., the second transmission) without LBT. However, if duration of feedback (e.g., PSFCH) from RX UE 51 b is larger than the remaining COT duration, then the UE 51 who shares the COT may perform LBT for the transmission [Examiner’s Note: This indicates that the feedback transmission on PSFCH may be within shared COT]. [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: According to paragraphs 0093 and 0108, if the feedback transmission on the PSFCH is within the shared COT, the receiving UE performs LBT type 2 or proceed without performing LBT. If the feedback transmission on the PSFCH is outside of the shared COT, the receiving UE performs LBT type 1 for the transmission. Therefore, based on the teaching of Pan, the absent PSFCH within the shared COT in Leng indicates it is the either associated with the shared COT, or both the shared COT and LBT type 2]), and performing, by the transmitting user equipment, a first action that comprises incrementing a discontinuous reception counter associated with the sidelink in response to determining that the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time ([Para. 0093], If the gap between two transmissions, one from the TX UE 51 a and one from the RX UE 51 b is less than or equal to a time threshold (say threshold 1), then the UE 51 who shares the COT may continue the transmission (e.g., the second transmission) without LBT. However, if duration of feedback (e.g., PSFCH) from RX UE 51 b is larger than the remaining COT duration, then the UE 51 who shares the COT may perform LBT for the transmission. [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that for the feedback transmission on the PSFCH within the shared COT, the receiving UE performs LBT type 2 or proceed without performing LBT, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
Claims 2-3, 10, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Leng et al. (US20250310802A1, hereinafter Leng) in view of Pan et al. (US20250150212A1, hereinafter Pan), and further in view of Alfarhan et l. (US20250185059A1, hereinafter Alfarhan).
For claim 2, Leng and Pan teach the apparatus of claim 1. The references further teach wherein the first action further comprises determining that there is no pre-configured behaviour associated with the absence of the feedback message and responsively assuming that the absence of the feedback message indicates a negative acknowledgement (Pan [Para. 0128], UE 51 may retransmit the feedback for HARQ ACK/NACK in PSFCH [Examiner’s Note: ACK/NACK may be transmitted in PSFCH. Pan [Para. 0129], If LBT failure rate is low, then implicit ACK and explicit NACK may be used. If LBT failure rate is high, then explicit ACK and implicit NACK may be used. When LBT failure rate is low and implicit ACK and explicit NACK are used, a first SL timer may be configured. If no explicit NACK is received before the SL timer expires, then ACK may be assumed. Pan [Para. 0130], When LBT failure rate is high and explicit ACK and implicit NACK are used, a second SL timer may be configured. If no explicit ACK is received before the SL timer expires, then NACK may be assumed. Pan [Para. 0131], A threshold may be configured for LBT failure rate, and LBT failure rate may be measured against a threshold to determine LBT failure rate is high or low [Examiner’s Note: The SL timers and threshold for LBT failure rate are preconfigured. The behavior when the feedback is absent is the preconfigured behavior]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that the behavior when the feedback is absent is preconfigured, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
Although teaching the preconfigured behavior, Leng and Pan do not explicitly disclose wherein the first action further comprises determining that there is no pre-configured behaviour associated with the absence of the feedback message and responsively assuming that the absence of the feedback message indicates a negative acknowledgement.
Alfarhan is directed to providing consistent sidelink listen before talk failure. More specifically, Alfarhan teaches wherein the first action further comprises determining that there is no pre-configured behaviour associated with the absence of the feedback message and responsively assuming that the absence of the feedback message indicates a negative acknowledgement ([Para. 0139], if the tx WTRU shares the COT with the peer WTRU and still doesn't receive a PSFSCH transmission on an occasion that falls within the same COT, the tx WTRU may then increment the numConsecutiveDTX count. [Para. 0105], the tx WTRU may assume the HARQ feedback value to be a certain value (e.g., NACK) if feedback has not been received from the peer WTRU [Examiner’s Note: Assuming only NACK when feedback is absent in Alfarhan is different from the preconfigured behavior of PAN. Therefore, there cannot be preconfigure behavior in the system of Alfarhan]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Pan, so that NACK is assumed if PSFCH within shared COT is absent and there is no preconfigured behavior, as taught by Alfarhan. The modification would have allowed a WTRU to skip incrementing the numConsecutiveDTX where a DTX has been received, and an LBT attempt performed by the WTRU has failed (Alfarhan [Para. 0144]).
For claim 3, Leng, Pan and Alfarhan teach the apparatus of claim 2. The references further teach wherein the first action further comprises determining according to the pre-configured behaviour that the absence of the feedback message indicates a negative acknowledgement or a positive acknowledgement (Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. Pan [Para. 0128], UE 51 may retransmit the feedback for HARQ ACK/NACK in PSFCH [Examiner’s Note: ACK/NACK may be transmitted in PSFCH. Pan [Para. 0129], If LBT failure rate is low, then implicit ACK and explicit NACK may be used. If LBT failure rate is high, then explicit ACK and implicit NACK may be used. When LBT failure rate is low and implicit ACK and explicit NACK are used, a first SL timer may be configured. If no explicit NACK is received before the SL timer expires, then ACK may be assumed. Pan [Para. 0130], When LBT failure rate is high and explicit ACK and implicit NACK are used, a second SL timer may be configured. If no explicit ACK is received before the SL timer expires, then NACK may be assumed. Pan [Para. 0131], A threshold may be configured for LBT failure rate, and LBT failure rate may be measured against a threshold to determine LBT failure rate is high or low [Examiner’s Note: The SL timers and threshold for LBT failure rate are preconfigured. The behavior when the feedback is absent is the preconfigured behavior]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Alfarhan, so that the behavior when the feedback is absent is preconfigured, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
For claim 10, Leng and Pan teach the apparatus of claim 1. Although teaching the first action comprising incrementing DTX counter when the feedback message is absent from the sidelink physical feedback channel associated with the listen before talk type 2 channel access or with the shared channel occupancy time, indicating the determination that the receiving user equipment can use the shared COT, the references do not explicitly teach determining, by the transmitting user equipment, whether the receiving user equipment can use a shared channel occupancy time, and performing, by the transmitting user equipment, the first action in response to determining that the receiving user equipment can use the shared channel occupancy time.
Alfarhan more explicitly discloses further caused to perform: determining, by the transmitting user equipment, whether the receiving user equipment can use a shared channel occupancy time, and performing, by the transmitting user equipment, the first action in response to determining that the receiving user equipment can use the shared channel occupancy time.
Alfarhan is directed to providing consistent sidelink listen before talk failure. More specifically, Alfarhan teaches further caused to perform: determining, by the transmitting user equipment, whether the receiving user equipment can use a shared channel occupancy time ([Para. 0139], The WTRU may determine whether to increment the DTX parameter numConsecutiveDTX based on whether the PSFCH falls in the COT initiated by the WTRU or not. If the tx WTRU shares the COT with the peer WTRU and still doesn't receive a PSFSCH transmission on an occasion that falls within the same COT, the tx WTRU may then increment the numConsecutiveDTX count [Examiner’s Note: That the transmitting node performs the first action based on PSFSCH transmission on an occasion that falls within the same COT indicates that the transmitting node determines that the receiving node can use a shared COT and performs the first action based on the determination]), and performing, by the transmitting user equipment, the first action in response to determining that the receiving user equipment can use the shared channel occupancy time ([Para. 0139], The WTRU may determine whether to increment the DTX parameter numConsecutiveDTX based on whether the PSFCH falls in the COT initiated by the WTRU or not. If the tx WTRU shares the COT with the peer WTRU and still doesn't receive a PSFSCH transmission on an occasion that falls within the same COT, the tx WTRU may then increment the numConsecutiveDTX count [Examiner’s Note: According to Pan, the absent PSFCH within the shared COT indicates it is the either associated with the shared COT, or both the shared COT and LBT type 2]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Pan, so that the transmitting node performs the first action in response to the determination that the receiving node can use a shared COT, as taught by Alfarhan. The modification would have allowed a WTRU to skip incrementing the numConsecutiveDTX where a DTX has been received, and an LBT attempt performed by the WTRU has failed (Alfarhan [Para. 0144]).
Claims 15 and 18 are method claims and they do not teach or further define over the limitations recited in claims 2 and 10. Therefore, claims 15 and 18 are also rejected for similar reasons set forth in claims 2 and 10.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Leng et al. (US20250310802A1, hereinafter Leng) in view of Pan et al. (US20250150212A1, hereinafter Pan), and further in view of Belleschi et al. (US20200358560A1, hereinafter Belleschi).
For claim 8, Leng and Pan teach the apparatus of claim 4. The references further teach wherein the second action comprises determining, by the transmitting user equipment, whether there is a pre-configured behaviour associated with the absence of the feedback message (Leng [Para. 0116], The first device may count a number of consecutive DTX on PSFCH reception occasions by using a first counter. The first counter may be numConsecutiveDTX. Leng [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: The absent PSFCH outside of the shared COT indicates it is associated with neither the shared COT, nor LBT type 2]. Pan [Para. 0129], If LBT failure rate is low, then implicit ACK and explicit NACK may be used. If LBT failure rate is high, then explicit ACK and implicit NACK may be used. When LBT failure rate is low and implicit ACK and explicit NACK are used, a first SL timer may be configured. If no explicit NACK is received before the SL timer expires, then ACK may be assumed. Pan [Para. 0130], When LBT failure rate is high and explicit ACK and implicit NACK are used, a second SL timer may be configured. If no explicit ACK is received before the SL timer expires, then NACK may be assumed. Pan [Para. 0131], A threshold may be configured for LBT failure rate, and LBT failure rate may be measured against a threshold to determine LBT failure rate is high or low [Examiner’s Note: The behavior is configured with the timers and threshold. Whether there is the behavior is determined by whether it is configured]), and in case that there is a pre-configured behaviour associated with the absence of the feedback message (Pan [Para. 0129], If LBT failure rate is low, then implicit ACK and explicit NACK may be used. If LBT failure rate is high, then explicit ACK and implicit NACK may be used. When LBT failure rate is low and implicit ACK and explicit NACK are used, a first SL timer may be configured. If no explicit NACK is received before the SL timer expires, then ACK may be assumed. Pan [Para. 0130], When LBT failure rate is high and explicit ACK and implicit NACK are used, a second SL timer may be configured. If no explicit ACK is received before the SL timer expires, then NACK may be assumed. Pan [Para. 0131], A threshold may be configured for LBT failure rate, and LBT failure rate may be measured against a threshold to determine LBT failure rate is high or low [Examiner’s Note: There is the behavior when it is configured]), determining, by the transmitting user equipment, according to the pre-configured behaviour that the absence of the feedback message indicates a negative acknowledgement or a positive acknowledgement (Pan [Para. 0129], If LBT failure rate is low, then implicit ACK and explicit NACK may be used. If LBT failure rate is high, then explicit ACK and implicit NACK may be used. When LBT failure rate is low and implicit ACK and explicit NACK are used, a first SL timer may be configured. If no explicit NACK is received before the SL timer expires, then ACK may be assumed. Pan [Para. 0130], When LBT failure rate is high and explicit ACK and implicit NACK are used, a second SL timer may be configured. If no explicit ACK is received before the SL timer expires, then NACK may be assumed).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that the transmitting user equipment assumes positive or negative acknowledgement according the preconfigured behavior, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
Although teaching the assumed acknowledgement in case that there is pre-configured behavior, Leng and Pan do not explicitly disclose and in case that there is no pre-configured behaviour associated with the absence of the feedback message, assuming, by the transmitting user equipment, that the absence of the feedback message indicates a positive acknowledgement.
Belleschi is directed to providing wireless communication device, network node and methods for handling data transmissions. More specifically, Belleschi teaches and in case that there is no pre-configured behaviour associated with the absence of the feedback message ([Para. 0059], the wireless communication device 10 will consider absence of HARQ feedback as ACK, i.e. if the wireless communication device 10 does not detect any HARQ feedback the wireless communication device 10 interprets this situation as if the wireless communication device 10 has received an ACK for that HARQ procedure or data transmission [Examiner’s Note: If there was pre-configured behaviour, then different would have performed. The fact that situation is interpreted as ACK, there cannot be the pre-configured behavior dictate otherwise]), assuming, by the transmitting user equipment, that the absence of the feedback message indicates a positive acknowledgement ([Para. 0059], the wireless communication device 10 will consider absence of HARQ feedback as ACK, i.e. if the wireless communication device 10 does not detect any HARQ feedback the wireless communication device 10 interprets this situation as if the wireless communication device 10 has received an ACK for that HARQ procedure or data transmission).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Pan, so that the wireless device assumes positive acknowledgement if the feedback is not received, as taught by Belleschi. The modification would have allowed a wireless communication device to not perform retransmissions which the network has not ordered, avoiding to create interference, whereby the performance of the wireless communication network may be improved in a more efficient manner high reliability and low latency in sidelink operation in unlicensed spectrum (Belleschi [Para. 0034]).
Claims 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Leng et al. (US20250310802A1, hereinafter Leng) in view of Pan et al. (US20250150212A1, hereinafter Pan), and further in view of Chisci et al. (US20240155674A1, hereinafter Chisci) and Alfarhan et l. (US20250185059A1, hereinafter Alfarhan).
For claim 11, Leng and Pan teach the apparatus of claim 1. Although teaching the first action comprising incrementing DTX counter, the references do not explicitly disclose determining, by the transmitting user equipment, whether the physical feedback channel can use a short control signalling procedure for transmitting in the physical feedback channel potentially applying a Type 2A listen before talk, and performing, by the transmitting user equipment, the first action in response to determining that the physical feedback channel can use the short control signalling procedure for transmitting in the physical feedback channel potentially applying the Type 2A listen before talk.
Chisci is directed to providing Receive assisted listen before talk with multiple candidate beams. More specifically, Chisci teaches determining, by the transmitting user equipment, whether the physical feedback channel can use a short control signalling procedure for transmitting in the physical feedback channel potentially applying a Type 2A listen before talk ([Para. 0027], a channel access procedure may define a channel occupancy time (COT) for transmitting data that is subject to the LBT/CCA procedures and short control signalling that is exempt from contention. To initiate a COT, the initiating device may perform a CCA check, which may be referred to as a long CCA, or a category 4 LBT procedure. In contrast a short CCA or category 2 LBT procedure may refer to a single check of the transmission medium. A short CCA or category 2 LBT procedure may not result in a new COT. [Para. 0028, 0070], First, the gNB may be the initiator and obtain a COT with a Cat4 LBT. Second, the gNB may send the PG under the short control signaling clause as a contention-exempt transmission (with optional Cat2 LBT) [Examiner’s Note: LBT type 2 is a short control signalling procedure. Within COT, short control signalling procedure such as LBT type 2 is used]), and performing, by the transmitting user equipment, the first action in response to determining that the physical feedback channel can use the short control signalling procedure for transmitting in the physical feedback channel potentially applying the Type 2A listen before talk ([Para. 0028], First, the gNB may be the initiator and obtain a COT with a Cat4 LBT. Second, the gNB may send the PG under the short control signaling clause as a contention-exempt transmission (with optional Cat2 LBT).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Pan, so that short control signalling procedure includes LBT type 2, as taught by Chisci. The modification would have provided receiver assisted information for channel access where the transmitter side channel sensing may not represent the interference level that the receiver will experience (Chisci [Para. 0026]).
Although teaching the short control signalling procedure, Leng, Pan and Chisci do not explicitly disclose determining, by the transmitting user equipment, whether the physical feedback channel can use a short control signalling procedure for transmitting in the physical feedback channel potentially applying a Type 2A listen before talk, and performing, by the transmitting user equipment, the first action in response to determining that the physical feedback channel can use the short control signalling procedure for transmitting in the physical feedback channel potentially applying the Type 2A listen before talk.
Alfarhan is directed to providing consistent sidelink listen before talk failure. More specifically, Alfarhan teaches determining, by the transmitting user equipment, whether the physical feedback channel can use a short control signalling procedure for transmitting in the physical feedback channel potentially applying a Type 2A listen before talk ([Para. 0082], The following types of LBT (Listen Before Talk) may be specified: CAT2 LBT (Type 2A). [Para. 0083], The COT may be shared by a node that received a transmission from the COT-initiating node (e.g., using a CAT2 LBT). [Para. 0139], The WTRU may determine whether to increment the DTX parameter numConsecutiveDTX based on whether the PSFCH falls in the COT initiated by the WTRU or not. If the tx WTRU shares the COT with the peer WTRU and still doesn't receive a PSFSCH transmission on an occasion that falls within the same COT, the tx WTRU may then increment the numConsecutiveDTX count [Examiner’s Note: That the COT may be shared by a node that received a transmission from the COT-initiating node using LBT type 2A indicates the receiving node can use a shared COT using LBT type 2A. That the transmitting node performs the first action based on PSFSCH transmission on an occasion that falls within the same COT further indicates that the transmitting node determines that the receiving node can use a shared COT using LBT type 2A and the first action is performed based on that determination. LBT type 2A is a short control signalling procedure as Chisci teaches]), and performing, by the transmitting user equipment, the first action in response to determining that the physical feedback channel can use the short control signalling procedure for transmitting in the physical feedback channel potentially applying the Type 2A listen before talk ([Para. 0082], The following types of LBT (Listen Before Talk) may be specified: CAT2 LBT (Type 2A). [Para. 0083], The COT may be shared by a node that received a transmission from the COT-initiating node (e.g., using a CAT2 LBT). [Para. 0139], The WTRU may determine whether to increment the DTX parameter numConsecutiveDTX based on whether the PSFCH falls in the COT initiated by the WTRU or not. If the tx WTRU shares the COT with the peer WTRU and still doesn't receive a PSFSCH transmission on an occasion that falls within the same COT, the tx WTRU may then increment the numConsecutiveDTX count [Examiner’s Note: That the COT may be shared by a node that received a transmission from the COT-initiating node indicates the receiving node can use a shared COT. That the transmitting node performs the first action based on PSFSCH transmission on an occasion that falls within the same COT further indicates that the transmitting node determines that the receiving node can use a shared COT and the first action is performed based on that determination. LBT type 2A is a short control signalling procedure as Chisci teaches]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, Pan and Chisci, so that the transmitting node performs the first action in response to the determination that the receiving node can use a shared COT using LBT type 2A, as taught by Alfarhan. The modification would have allowed a WTRU to skip incrementing the numConsecutiveDTX where a DTX has been received, and an LBT attempt performed by the WTRU has failed (Alfarhan [Para. 0144]).
Claim 19 is method claims and it does not teach or further define over the limitations recited in claim 11. Therefore, claim 19 is also rejected for similar reasons set forth in claim 11.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Leng et al. (US20250310802A1, hereinafter Leng) in view of Pan et al. (US20250150212A1, hereinafter Pan), and further in view of Luo et al. (US20250212250A1, hereinafter Luo).
For claim 12, Leng and Pan teach the apparatus of claim 1. The references further teach and performing, by the transmitting user equipment, the second action in response to detecting that there is a consistent listen before talk failure of the receiving user equipment (Leng [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission [Examiner’s Note: Based on Pan, if the feedback transmission is outside of the shared COT, the receiving UE performs LBT type 1 for the transmission. Therefore, based on Leng and Pan, the absent PSFCH outside of the shared COT indicates it is associated with neither the shared COT, nor LBT type 2]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng, so that the feedback in PSFCH outside of the shared COT performs LBT type 1, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
Although teaching the second action of not incrementing the DTX counter when PSFCH is outside COT and LBT 2 not used, Leng and Pan do not explicitly disclose further caused to perform: detecting, by the transmitting user equipment, whether there is a consistent listen before talk failure of the receiving user equipment, and performing, by the transmitting user equipment, the second action in response to detecting that there is a consistent listen before talk failure of the receiving user equipment.
Luo is directed to providing method, device and computer program product for wireless communication. More specifically, Luo teaches further caused to perform: detecting, by the transmitting user equipment, whether there is a consistent listen before talk failure of the receiving user equipment ([Para. 0152], the first user device may detect a radio link failure (RLF) for a PC5-RRC connection it established with the second user device. [Para. 0155], the first user device may maintain a count (numConsecutiveDTX), and the first user device may increment the current count (numConsecutiveDTX) by one if first user device determines that a PSFCH reception is absent on a PSFCH reception occasion. When the first user device receives a sidelink consistent LBT failure indication information that indicates the sidelink consistent LBT failure from a second UE, it may suspend the sidelink Consecutive DTXs counter (numConsecutiveDTX) [Examiner’s Note: The first user device is the transmitting user device. Receiving the indication from the second user device of consistent LBT failure constitutes the detection by the fist user device of consistent LBT failure of the receiving user device]), and performing, by the transmitting user equipment, the second action in response to detecting that there is a consistent listen before talk failure of the receiving user equipment ([Para. 0155], When the first user device receives a sidelink consistent LBT failure indication information that indicates the sidelink consistent LBT failure from a second UE, it may suspend the sidelink Consecutive DTXs counter (numConsecutiveDTX) [Examiner’s Note: Suspending the DTX counter is associated with PSFCH being outside of COT and LBT2 not used as taught by Leng and Pan. Therefore, Suspending the DTX counter is the second action]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Pan, so that transmitting user device suspends the DTX counter when the consistent LBT failure indication is received, as taught by Luo. The modification would have allowed the first user device to avoid releasing the PC5-RRC connection for the second user device not moving away in the direct communication with each other on unlicensed carriers (Luo [Para. 0003 and 0160]).
For claim 13, Leng, Pan and Luo teach the apparatus of claim 12. The references further teach further comprising in the second action (Leng [Para. 0118], the first device may perform counting for a specific PSFCH by using the first counter. The specific PSFCH may include: a PSFCH not received within COT shared by the first device with the second device. Leng [Para. 0119], in PSFCHs not received, the first device may perform counting, by using the first counter, only for a PSFCH transmitted within COT that is shared with the second device. Pan [Para. 0108], If it is inside the COT, then UE 51 may perform LBT type 2 for transmission. If it is not inside the COT (or it is outside the COT), then UE 51 may perform LBT type 1 for transmission).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Luo, so that the feedback in PSFCH outside of the shared COT performs LBT type 1, as taught by Pan. The modification would have allowed high reliability and low latency in sidelink operation in unlicensed spectrum (Pan [Para. 0006 and 0037]).
The references further teach in response to detecting that there is a consistent listen before talk failure of the receiving user equipment, applying, by the transmitting user equipment, a consistent listen before talk failure procedure and accordingly either triggering a radio link failure or not (Luo [Para. 0155], the first user device may maintain a count (numConsecutiveDTX), and the first user device may increment the current count (numConsecutiveDTX) by one if first user device determines that a PSFCH reception is absent on a PSFCH reception occasion. When the first user device receives a sidelink consistent LBT failure indication information that indicates the sidelink consistent LBT failure from a second UE, it may suspend the sidelink Consecutive DTXs counter (numConsecutiveDTX) [Examiner’s Note: Detection of the consistent listen before talk failure of the receiving user equipment suspends the DTX counter]. Luo [Para. 0153], the first user device may determine a RLF for a PC5-RRC connection in response to detecting that the number of consecutive hybrid automatic repeat request (HARQ) discontinuous transmissions (DTXs) has reached a maximum number of consecutive HARQ DTXs (sl-maxNumConsecutiveDTX). In general, a user device may detect a number of consecutive resources configured with a physical sidelink feedback channel (PSFCH) that do not receive a HARQ feedback message. The first user device may keep track of a current number of consecutive DTXs (numConsecutiveDTX). If the current number reaches or exceeds the maximum number, then the first user device may detect an RLF. [Examiner’s Note: RLF is not detected based on the detection of consistent LBT failure when the detection of consistent LBT failure suspends numConsecutiveDTX resulting in not reaching the sl-maxNumConsecutiveDTX]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Leng and Pan, so that transmitting user device suspends the DTX counter when the consistent LBT failure indication is received and RLF is not detected, as taught by Luo. The modification would have allowed the first user device to avoid releasing the PC5-RRC connection for the second user device not moving away in the direct communication with each other on unlicensed carriers (Luo [Para. 0003 and 0160]).
Conclusion
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/S.L./Examiner, Art Unit 2417
/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
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