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 .
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.
Claim(s) 1, 6, 10-11, 15, 17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG (WO 2021/062669) in view of ZHOU et al (US 2021/0028891)
Regarding claim 1, 19, ZHANG (WO 2021/062669) discloses method for sidelink communication, performed by a first terminal, comprising:
receiving a sidelink communication resource scheduled by a network device (ZHANG: ¶88-91, at least one sidelink resource is scheduled by a network device and the terminal receives this resource as a scheduled resource); and
sending indication information configured to indicate a use condition of the sidelink communication resource (ZHANG: ¶101, ¶103, the terminal sends an indication to the network device/base station indicating a use condition of the sidelink resource received as a scheduled resource from the network device).
in response to the network device configuring a PUCCH for the sidelink communication resource, sending an acknowledgment feedback for a data transmission based on the sidelink communication resource (ZHANG: ¶93, ¶106, ¶116, an ACK/acknowledgement is sent by the terminal in response to the network device configuring PUCCH for the terminal for sidelink communication);
ZHANG remains silent regarding, however, ZHOU et al (US 2021/0028891) discloses the acknowledgment feedback is an HARQ acknowledgement feedback and is in response to performing an initial transmission based on the sidelink communication resource (ZHOU: Fig. 1, ¶140, ¶205, ¶389, Fig. 2, the acknowledgement is a HARQ-ACK; and is in response to performing an initial transmission); or
the acknowledgment feedback is an HARQ acknowledgement feedback and is in response to performing a retransmission transmission based on the sidelink communication resource (ZHOU: Fig. 1, ¶140, ¶205, ¶454, ¶456, Fig. 3, the acknowledgement is a HARQ-ACK; and is in response to performing an retransmission).
A person of ordinary skill in the art working with the invention of ZHANG would have been motivated to use the teachings of ZHOU as it improves timeliness of retransmission by using the HARQ-ACK feedback information (¶143) and conserves PSCCH resource in the UL at the UE3 by suppressing unnecessary NACKs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG with teachings of ZHOU in order to enhance feedback information by using the HARQ-ACK feedback information (¶143) and conserve uplink sidelink control resources.
Regarding claim 6, ZHANG modified by KUNG discloses method according to claim 2, further comprising one of:
in response to the network device configuring a physical uplink control channel (PUCCH) for the sidelink communication resource, sending an HARQ acknowledgment feedback for a data transmission based on the sidelink communication resource (ZHANG: ¶93, ¶106, ¶116, an ACK/acknowledgement is sent by the terminal in response to the network device configuring PUCCH for the terminal for sidelink communication; ZHOU: Fig. 1, ¶140, ¶205, the acknowledgement is a HARQ-ACK);
Regarding claim 10, 20, ZHANG discloses method for sidelink communication, performed by a network device comprising: a processor; and a memory for storing instructions executable by a processor; wherein the processor is configured to: (ZHANG: ¶140, processor and coupled memory with instructions to be executed)
scheduling a sidelink communication resource (ZHANG: ¶88-91, at least one sidelink resource is scheduled by a network device and the terminal receives this resource as a scheduled resource); and receiving indication information configured to indicate a use condition of the sidelink communication resource (ZHANG: ¶101, ¶103, the terminal sends an indication to the network device/base station indicating a use condition of the sidelink resource received as a scheduled resource from the network device).
in response to the network device configuring a PUCCH for the sidelink communication resource, sending an acknowledgment feedback for a data transmission based on the sidelink communication resource (ZHANG: ¶93, ¶106, ¶116, an ACK/acknowledgement is sent by the terminal in response to the network device configuring PUCCH for the terminal for sidelink communication);
ZHANG remains silent regarding, however, ZHOU et al (US 2021/0028891) discloses the acknowledgment feedback is an HARQ acknowledgement feedback and is in response to performing an initial transmission based on the sidelink communication resource (ZHOU: Fig. 1, ¶140, ¶205, ¶389, Fig. 2, the acknowledgement is a HARQ-ACK; and is in response to performing an initial transmission); or
the acknowledgment feedback is an HARQ acknowledgement feedback and is in response to performing a retransmission transmission based on the sidelink communication resource (ZHOU: Fig. 1, ¶140, ¶205, ¶454, ¶456, Fig. 3, the acknowledgement is a HARQ-ACK; and is in response to performing an retransmission).
A person of ordinary skill in the art working with the invention of ZHANG would have been motivated to use the teachings of ZHOU as it improves timeliness of retransmission by using the HARQ-ACK feedback information (¶143) and conserves PSCCH resource in the UL at the UE3 by suppressing unnecessary NACKs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG with teachings of ZHOU in order to enhance feedback information by using the HARQ-ACK feedback information (¶143) and conserve uplink sidelink control resources.
Regarding claim 11, ZHANG modified by ZHOU discloses a method according to claim 10, wherein the indication information is configured to indicate not using a sidelink communication resource by a first terminal (ZHANG: ¶101, ¶103, the terminal sends an indication to the network device/base station indicating that a sidelink resource received as a scheduled resource from the network device is not needed and is not used).
Regarding claim 15, ZHANG discloses method according to claim 2, further comprising one of:
in response to the network device configuring a physical uplink control channel (PUCCH) for the sidelink communication resource, sending an HARQ acknowledgment feedback for a data transmission based on the sidelink communication resource (ZHANG: ¶93, ¶106, ¶116, an ACK/acknowledgement is sent by the terminal in response to the network device configuring PUCCH for the terminal for sidelink communication; ZHOU: Fig. 1, ¶140, ¶205, the acknowledgement is a HARQ-ACK).
A person of ordinary skill in the art working with the invention of ZHANG would have been motivated to use the teachings of ZHOU as it improves timeliness of retransmission by using the HARQ-ACK feedback information (¶143) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG with teachings of ZHOU in order to enhance feedback information by using the HARQ-ACK feedback information (¶143).
Regarding claim 17, ZHANG modified by ZHOU discloses a method according to claim 10, wherein the indication information is configured to indicate resource information of using the sidelink communication resource by a first terminal (ZHANG: ¶106-107, SL communication is received by the terminal 2 and then an indication is sent by the terminal 1 to the network device indicating the use of the resource for SL communication).
Claim(s) 2, 8, is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG modified by ZHOU as applied to claim 1 above , further in view of KUNG et al (US 2021/0227465)
Regarding claim 2, ZHANG modified by ZHOU discloses method according to claim 1, further comprising:
determining not using the sidelink communication resource (ZHANG: ¶103, the granted sidelink resource is determined by the terminal as not to be used)
wherein the indication information is configured to indicate not using the sidelink communication resource (ZHANG: ¶101, ¶103, the terminal sends an indication to the network device/base station indicating that a sidelink resource received as a scheduled resource from the network device is not needed and is not used).
ZHANG modified by ZHOU remains silent regarding the not using a sidelink communication resource is in response to determining that there is no second terminal being in an active time among at least one second terminal performing sidelink communication with the first terminal.
However, KUNG et al (US 2021/0227465) the not using a sidelink communication resource is in response to determining that there is no second terminal being in an active time among at least one second terminal performing sidelink communication with the first terminal (KUNG: ¶404, ¶130, ¶395, the sidelink communication resource, is not used in response to determining that there is no RX UE with an active time among at least one RX UE at the time of the resource; the active time of the TX UE is during which the resource is scheduled).
A person of ordinary skill in the art working with the invention of ZHANG modified by ZHOU would have been motivated to use the teachings of KUNG as it provides a reduction in data loss due to mismatch of the active timings of the TX UE and the RX UE (¶397). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG modified by ZHOU with teachings of KUNG in order to improve overall sidelink communication throughput of the network.
Regarding claim 8, ZHANG modified by ZHOU discloses method according to claim 1, further comprising:
sending sidelink communication data to the second terminal being using the sidelink communication resource (ZHANG: ¶106, terminal sends SL communication data to other terminal 2 during a mode when terminal 2 can receive data communication);
wherein the indication information is configured to indicate resource information of using the sidelink communication resource (ZHANG: ¶106-107, SL communication is received by the terminal 2 and then an indication is sent by the terminal 1 to the network device indicating the use of the resource for SL communication).
ZHANG modified by ZHOU remains silent regarding, however, KUNG discloses the sending is in response to determining that there is a second terminal being in an active time among at least one second terminal performing sidelink communication with the first terminal, the second terminal being in an active time (KUNG: ¶404, ¶400, the sidelink communication resource, is used to transmit SL communication data in response to determining that there is at least one RX UE with an active time among at least one RX UE at the time of the resource).
A person of ordinary skill in the art working with the invention of ZHANG modified by ZHOU would have been motivated to use the teachings of KUNG as it provides a reduction in data loss due to mismatch of the active timings of the TX UE and the RX UE (¶397). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG modified by ZHOU with teachings of KUNG in order to improve overall sidelink communication throughput of the network.
Claim(s) 3-4, 12-13, is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG modified by ZHOU modified by KUNG as applied to claim 2, further in view of PARK (US 2021/0050953).
Regarding claim 3, ZHANG modified by ZHOU modified by KUNG discloses method according to claim 2, wherein the indication information comprises an identification of the unused sidelink communication resource that is provided in the information scheduling the resource (ZHANG: ¶103, the configured resource which is unused is indicated by the indication information)
ZHANG modified by ZHOU modified by KUNG remains silent regarding, however, PARK (US 2021/0050953) discloses the identification of a sidelink communication resource comprises a hybrid automatic repeat request (HARQ) process identification (ID) (PARK: ¶173-174, ¶180-182, the identification of the HARQ process associated with a scheduled sidelink resource); wherein the HARQ process ID is comprised in downlink control information (DCI) scheduling the unused sidelink communication resource (PARK: ¶173-174, the identification of the HARQ process associated with a scheduled sidelink resource).
A person of ordinary skill in the art working with the invention of ZHANG modified by KUNG would have been motivated to use the teachings of PARK as it resolves the HARQ codebook composition issue (¶173) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG modified by KUNG with teachings of PARK in order to improve control information interpretation at the base station (¶173).
Regarding claim 4, ZHANG modified by ZHOU modified by KUNG modified by PARK discloses a method according to claim 3, wherein the indication information comprises a first bit map, and there is a corresponding relationship between a bit in the first bit map and the HARQ process ID; and a bit value after setting the bit in the first bit map is configured to indicate the unused sidelink communication resource (PARK: Fig. 15, ¶173, ¶180-182, bits of a bitmap is used to identify respective HARQ process IDs indicating the status of the sidelink communication resource; ZHANG: ¶103, the status of the is unused is indicated by the indication information).
Regarding claim 12, ZHANG modified by ZHOU discloses a method according to claim 11, wherein the indication information comprises an identification of the unused sidelink communication resource that is provided in the information scheduling the resource (ZHANG: ¶103, the configured resource which is unused is indicated by the indication information)
ZHANG modified by ZHOU remains silent regarding, however, PARK (US 2021/0050953) discloses the indication information comprises a hybrid automatic repeat request (HARQ) process identification (ID) (PARK: ¶173-174, ¶180-182, the identification of the HARQ process associated with a scheduled sidelink resource); wherein the HARQ process ID is comprised in downlink control information (DCI) scheduling the unused sidelink communication resource (PARK: ¶173-174, the identification of the HARQ process associated with a scheduled sidelink resource).
A person of ordinary skill in the art working with the invention of ZHANG would have been motivated to use the teachings of PARK as it resolves the HARQ codebook composition issue (¶173) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG with teachings of PARK in order to improve control information interpretation at the base station (¶173).
Regarding claim 13, ZHANG modified by ZHOU modified by PARK discloses a method according to claim 12, wherein the indication information comprises a first bit map, and there is a corresponding relationship between a bit in the first bit map and the HARQ process ID; and a bit value after setting the bit in the first bit map is configured to indicate the unused sidelink communication resource (PARK: Fig. 15, ¶173, ¶180-182, bits of a bitmap is used to identify respective HARQ process IDs indicating the status of the sidelink communication resource; ZHANG: ¶103, the status of the is unused is indicated by the indication information).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG modified by ZHOU modified by KUNG as applied to claim 8, further in view of PARK2 (Park et al (US 2022/0329389))
Regarding claim 9, ZHANG modified by ZHOU modified by KUNG discloses the method according to claim 8,
wherein the method further comprises: receiving a sidelink communication resource scheduled by the network device based on the resource information (ZHANG: ¶3, SL grant is received on PDCCH; ¶115-116, ¶118, based on the information in the indication sent by the transmitting terminal to the base station, the base station configures a grant resource (adds new CG) to the sidelink resource and allocate/configure the UE for this resource).
ZHANG modified by ZHOU modified by KUNG remains silent regarding, however, PARK2 (Park et al (US 2022/0329389)) discloses determining an active time based on the resource information (PARK2: ¶235, ¶238, based on the DRX information and other resource related information, the base station/network device determines resource allocation to be during an active time) the receiving of the schedule is within the active time determined based on a resource information (PARK2: ¶235, the scheduling grant is for a resource received in an active duration of the RX UE), wherein the resource information comprises at least one of: an ID of a layer 2 of the second terminal; a logical channel corresponding to the sidelink communication data sent; or starting by the first terminal a sidelink communication HARQ feedback, or not starting by the first terminal a sidelink communication HARQ feedback (PARK2: ¶240, the feedback information includes a destination L2 ID for the second/RX UE)
A person of ordinary skill in the art working with the invention of ZHANG modified by ZHOU modified by KUNG would have been motivated to use the teachings of PARK2 as it prevents scheduling of a mode 1 resource for a TX UE of a base station may be severely constrained (¶193). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG modified by ZHOU modified by KUNG with teachings of PARK2 in order to improve allocation of resources (¶193).
Claim(s) 16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG modified by ZHOU as applied to claim 11 above, further in view of PARK2 (Park et al (US 2022/0329389))
Regarding claim 16, ZHANG modified by ZHOU discloses method according to claim 11, further comprising: receiving a sidelink communication resource scheduled by the network device (ZHANG: ¶3, SL grant is received on PDCCH).
ZHANG modified by ZHOU remains silent regarding, however, PARK2 (Park et al (US 2022/0329389)) discloses the resource being within a next active time (PARK2: ¶235, the scheduling grant is for a resource received in an active duration of the RX UE).
A person of ordinary skill in the art working with the invention of ZHANG modified by ZHOU would have been motivated to use the teachings of PARK2 as it prevents scheduling of a mode 1 resource for a TX UE of a base station may be severely constrained (¶193). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG modified by ZHOU with teachings of PARK2 in order to improve allocation of resources (¶193).
Regarding claim 18, ZHANG modified by ZHOU discloses the method according to claim 17,
wherein the method further comprises: receiving a sidelink communication resource scheduled by the network device (ZHANG: ¶3, SL grant is received on PDCCH; ¶115-116, ¶118, based on the information in the indication sent by the transmitting terminal to the base station, the base station configures a grant resource (adds new CG) to the sidelink resource and allocate/configure the UE for this resource;).
ZHANG modified by ZHOU remains silent regarding, however, PARK2 (Park et al (US 2022/0329389)) discloses determining an active time based on the resource information (PARK2: ¶235, ¶238, based on the DRX information and other resource related information, the base station/network device determines resource allocation to be during an active time) the receiving of the schedule is within the active time determined based on a resource information (PARK2: ¶235, the scheduling grant is for a resource received in an active duration of the RX UE), wherein the resource information comprises at least one of: an ID of a layer 2 of the second terminal; a logical channel corresponding to the sidelink communication data sent; or starting by the first terminal a sidelink communication HARQ feedback, or not starting by the first terminal a sidelink communication HARQ feedback (PARK: ¶240, the feedback information includes a destination L2 ID for the second/RX UE)
A person of ordinary skill in the art working with the invention of ZHANG modified by ZHOU would have been motivated to use the teachings of PARK2 as it prevents scheduling of a mode 1 resource for a TX UE of a base station may be severely constrained (¶193). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG modified by ZHOU with teachings of PARK2 in order to improve allocation of resources (¶193).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG modified by ZHOU modified by KUNG, as applied to claim 2 above, further in view of PARK2 (Park et al (US 2022/0329389))
Regarding claim 7, ZHANG modified by ZHOU modified by KUNG dislcoses method according to claim 2, further comprising: receiving a sidelink communication resource scheduled by the network device (ZHANG: ¶3, SL grant is received on PDCCH; KUNG: ¶395, ¶397, ¶130, the scheduling grant is received in an active duration of the UE on the Uu from the network device).
ZHANG modified by ZHOU modified by KUNG remains silent regarding, however, PARK2 discloses the sidelink communicating resource scheduled within an active time (PARK2: ¶235, SL resource is allocated a next active time of the RX UE)
A person of ordinary skill in the art working with the invention of ZHANG modified by ZHOU modified by KUNG would have been motivated to use the teachings of PARK2 as it prevents scheduling of a mode 1 resource for a TX UE of a base station may be severely constrained (¶193). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG modified by ZHOU modified by KUNG with teachings of PARK2 in order to improve allocation of resources (¶193).
Response to Arguments
Applicant's arguments filed 6/17/2026 have been fully considered but they are not persuasive.
Applicants argue,
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Examiner respectfully disagrees with the above arguments. Applicants take a position that there is no teaching in ZHANG modified by ZHOU that teaches the transmitter UE (the UE that receives configured grant for SL transmission) sends an HARQ acknowledgment feedback in response to performing an initial transmission based on the sidelink communication resource.
Examiner respectfully points, firstly, to ZHANG which discloses in at least the cited ¶106 that an ACK is sent to the base station when a SL communication, based on the sidelink configured grant, is performed by the terminal.
[0106] It should be noted that there is an ACK indication in some scenarios of V2X communication. For example, after receiving the CG resource configured by the network device for the network device, the terminal may perform SL communication with another terminal on the CG resource, for example, the terminal (for example, the terminal 1) may send data to another terminal (for example, the terminal 2) on the CG resource. If the terminal 2 determines that the data is successfully received, the terminal 1 May send an ACK indication to the terminal 1, to indicate that the terminal 1 has successfully received the data. Then, the terminal 1 May send an ACK indication to the base station, to notify the network device that SL communication performed on the current CG resource has been successful. It may be understood that, because the current SL communication is successful, after receiving the ACK sent by the terminal 1, the network device does not need to perform any response to the ACK indication. Therefore, in this method, the ACK indication sent by the terminal 1 to the network device does not need to be necessary, and signaling overheads between the network device and the terminal will be increased.
ZHANG remains silent regarding, however, ZHOU et al (US 2021/0028891) discloses the acknowledgment feedback is an HARQ acknowledgement feedback and is in response to performing an initial transmission based on the sidelink communication resource (ZHOU: Fig. 1, ¶140, ¶205, ¶389, Fig. 2, the acknowledgement is a HARQ-ACK; and is in response to performing an initial transmission); or
the acknowledgment feedback is an HARQ negative acknowledgement feedback and is in response to performing a retransmission transmission based on the sidelink communication resource (ZHOU: Fig. 1, ¶140, ¶205, ¶454, ¶456, Fig. 3, the acknowledgement is a HARQ-ACK; and is in response to performing an retransmission).
ZHOU, for example, in Fig. 2, discloses
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ZHOU, for example, in Fig. 3, and¶456, discloses
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[0456] According to the predefined criteria, when receiving the NACK, the UE3 does not report the NACK if there is still a sidelink resource available for retransmission, and otherwise reports the NACK as a sidelink retransmission request signaling; therefore, the UE3 does not report a NACK on the PUCCH resource corresponding to the first PSSCH resource.
The above portions of ZHOU expressly discloses that UE is capable to and performs differentiation between feedback types for initial transmission and retransmission. Therefore the argument is respectfully traversed.
A person of ordinary skill in the art working with the invention of ZHANG would have been motivated to use the teachings of ZHOU as it improves timeliness of retransmission by using the HARQ-ACK feedback information (¶143) and conserves PSCCH resource in the UL at the UE3 by suppressing unnecessary NACKs. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify invention of ZHANG with teachings of ZHOU in order to enhance feedback information by using the HARQ-ACK feedback information (¶143) and conserve uplink sidelink control resources.
All arguments are based on the arguments addressed above, and are responded to in full.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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OMER S. MIAN
Primary Examiner
Art Unit 2461
/OMER S MIAN/Primary Examiner, Art Unit 2461
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