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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-13 of U.S. Patent No. US12022503B2 in view of Kang et al. US20200344771A1.
Instant application 18/659866
U.S. Patent No. US12022503B2, hereinafter Pat’503
1. (Currently Amended) A method comprising:
receiving, by a first wireless device and from a base station, information indicating one or more measurement conditions for
selectingto be designated by the base station, and a second resource allocation mode in which sidelink resources are to be designated by the first a wireless device;
selecting, by the first wireless device and based on the one or more measurement conditions, a resource allocation mode from among the first resource allocation mode and the second resource allocation mode; and
sending, to a second wireless device and via sidelink resourcesdesignated according to the selected resource allocation mode, at least one transport block.
1. A method comprising:
receiving, by a first wireless device from a base station, sidelink configuration parameter comprising:
at least one first resource configuration parameter for a first resource allocation mode;
at least one second resource configuration parameter for a second resource allocation mode; and
at least one parameter for selection of one of the first resource allocation mode or the second resource allocation mode;
selecting at least one of the first resource allocation mode or the second resource allocation mode, wherein the selecting is based on a comparison of the at least one parameter with a measurement of resources associated with at least one of:
the first resource allocation mode, or
the second resource allocation mode; and
sending, to at least one second wireless device and based on at least one resource configuration parameter for the selected resource allocation mode, at least one transport block.
Pat’503 does not explicitly teaches: a first resource allocation mode in which sidelink resources are designated by a base station, and a second resource allocation mode in which sidelink resources are to be designated by a wireless device. However, Kang from the same or similar fields of endeavor teaches the use of: a first resource allocation mode in which sidelink resources are granted by a base station, and a second resource allocation mode in which sidelink resources are selected by a wireless device; and (Kang: para. [0236 & 0081-0091] When both of mode 1 (the mode of scheduling by the base station) and mode 2 (the mode of scheduling by the terminal) are designated for the SL allocation mode). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in Pat’503. One of ordinary skill in the art would be motivated to do so for to support unicast communication, groupcast (or multicast) communication, and broadcast communication between terminals. Also, unlike LTE V2X aiming to transmit/receive basic safety information required for road driving of vehicles, NR V2X aims to provide more advanced services such as platooning, advanced driving, extended sensors, and remote driving (Kang: para. [0059]).
2. The method of claim 1, wherein the one or more measurement conditions comprises one or more resource measurement conditions to be met before selecting the second resource allocation mode.
Pat’503 does not explicitly teaches: receiving, by the first wireless from a base station, one or more resource measurement conditions to be met before selecting the second resource allocation mode. However, Kang from the same or similar fields of endeavor teaches the use of: receiving, by the first wireless from a base station, one or more resource measurement conditions to be met before selecting the second resource allocation mode (Kang: para. [0254] and Fig. 9 operation 904 - terminal may select an SL resource pool satisfying the SL resource pool selection condition by applying the SL resource pool selection condition based on at least one or a combination of the destination index, cast type, allocation mode, priority, and communication range of the packet to be transmitted. Para. [0255-256 & 0267 or 0258-0266] and Table 6 UE measures CBR of pool and decide whether the pool is available for its TX resource based on CBR threshold of SL flow or CBR threshold of SL packet,.. para. [0267] terminal may check the CBR threshold for each SL resource pool. The terminal may select an SL resource pool whose CBR threshold is equal to the CBR of the packet to be transmitted. Or, the terminal may select an SL resource pool whose CBR threshold is greater than or equal to the CBR of the packet to be transmitted. Or, the terminal may select an SL resource pool whose CBR threshold is less than or equal to the CBR of the packet to be transmitted. When one or more SL resource pools satisfying the CBR condition are selected, the terminal may determine and select one SL resource pool for itself). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in Pat’503. One of ordinary skill in the art would be motivated to do so for to support unicast communication, groupcast (or multicast) communication, and broadcast communication between terminals. Also, unlike LTE V2X aiming to transmit/receive basic safety information required for road driving of vehicles, NR V2X aims to provide more advanced services such as platooning, advanced driving, extended sensors, and remote driving (Kang: para. [0059]).
3. The method of claim 1, wherein the one or more measurement conditions indicates that the selecting should be based on one or more of the following: channel busy ratio (CBR);channel occupancy ratio (CR);quality of service requirement; or received signal strength indication of radio resources.
7. The method of claim 1, wherein the at least one parameter indicates at least one of:
a first channel busy ratio (CBR) threshold of a first resource pool for the first resource allocation mode;
a second CBR threshold of a second resource pool for the second resource allocation mode;
a first channel occupancy ratio (CR) threshold of the first resource pool for the first resource allocation mode;
a second CR threshold of the second resource pool for the second resource allocation mode; or
a quality-of-service (QoS) requirement associated with at least one of the first resource allocation mode or the second resource allocation mode.
4. The method of claim 1, further comprising receiving, by the first wireless device from the base station, one or more sidelink configuration parameters indicating at least one of:
a first resource pool for the first resource allocation mode; or
a second resource pool for the second resource allocation mode.
4. The method of claim 1, wherein the sidelink configuration parameters indicate at least one of:
a first resource pool for the first resource allocation mode; or
a second resource pool for the second resource allocation mode.
5. The method of claim 1, further comprising:
based on selecting the first resource allocation mode, sending, by the first wireless device to a base station, a request for sidelink radio resources, wherein the request for sidelink radio resources comprises at least one of:
a buffer status report; or
a scheduling request; and
receiving, by the first wireless device from the base station, a resource grant indicating granted sidelink radio resources.
5. The method of claim 1, further comprising:
based on selecting the first resource allocation mode, sending, by the first wireless device to the base station, a request for sidelink radio resources, wherein the request for sidelink radio resources comprises at least one of:
a buffer status report; or
a scheduling request; and
receiving, by the first wireless device from the base station, a resource grant indicating the sidelink radio resources.
6. The method of claim 1, further comprising receiving, by the first wireless device from the base station, sidelink configuration parameters that indicate:
configured grant resources associated with the first resource allocation mode, wherein the configured grant resources comprise first radio resources; and
a second resource pool for the second resource allocation mode, wherein the second resource pool comprises second radio resources.
6. The method of claim 1, wherein the sidelink configuration parameters indicate:
configured grant resources associated with the first resource allocation mode, wherein the configured grant resources comprise first radio resources; and
a second resource pool for the second resource allocation mode, wherein the second resource pool comprises second radio resources.
7. The method of claim 1, wherein the selecting is based on measurement of at least one of:
a first channel busy ratio (CBR) of a first resource pool for the first resource allocation mode;
a second CBR of a second resource pool for the second resource allocation mode;
a first channel occupancy ratio (CR) of a first resource pool for the first resource allocation mode;
a second CR of a second resource pool for the second resource allocation mode; or
a quality-of-service (QOS) associated with at least one of the first resource allocation mode or the second resource allocation mode.
7. The method of claim 1, wherein the at least one parameter indicates at least one of:
a first channel busy ratio (CBR) threshold of a first resource pool for the first resource allocation mode;
a second CBR threshold of a second resource pool for the second resource allocation mode;
a first channel occupancy ratio (CR) threshold of the first resource pool for the first resource allocation mode;
a second CR threshold of the second resource pool for the second resource allocation mode; or
a quality-of-service (QoS) requirement associated with at least one of the first resource allocation mode or the second resource allocation mode.
8. A method comprising:
receiving, by a base station from a wireless device, a request for sidelink configuration parameters;
determining, for the wireless device, sidelink configuration parameters for:
a first resource allocation mode in which sidelink resources are to be designated by the base station; and
a second resource allocation mode in which sidelink resources are to be designated by the wireless device; and
sending, by the base station to the wireless device, the sidelink configuration parameters and one or more measurement conditions for the wireless device to use to select between the first resource allocation mode and the second resource allocation mode.
9. The method of claim 8, wherein the sidelink configuration parameters are based on capability of the wireless device.
8. A method comprising:
receiving, by a base station from a wireless device, a request for sidelink configuration parameters, wherein the request comprises a capability of the wireless device;
determining, based on the capability of the wireless device, sidelink configuration parameters for at least two modes of operation; and
sending the sidelink configuration parameters, wherein the sidelink configuration parameters comprise:
at least one first resource configuration parameter for a first resource allocation mode of the at least two modes of operation;
at least one second resource configuration parameter for a second resource allocation mode of the at least two modes of operation; and
at least one parameter for a selection of at least one of the first resource allocation mode or the second resource allocation mode, wherein the selection is based on a comparison of the at least one parameter with a measurement of resources associated with at least one of:
the first resource allocation mode, or
the second resource allocation mode.
10. The method of claim 8, wherein the sidelink configuration parameters indicate at least one of:
a first resource pool for the first resource allocation mode; or
a second resource pool for the second resource allocation mode.
10. The method of claim 8, wherein the sidelink configuration parameters indicate at least one of:
a first resource pool for the first resource allocation mode; or
a second resource pool for the second resource allocation mode.
11. The method of claim 8, further comprising:
receiving, by the base station from the wireless device, a request for sidelink radio resources, wherein the request for sidelink resources comprises at least one of:
a buffer status report; or
a scheduling request; and
sending, by the base station to the wireless device, a resource grant indicating granted sidelink radio resources.
11. The method of claim 8, further comprising:
receiving, by the base station from the wireless device, a request for sidelink radio resources, wherein the request for sidelink resources comprises at least one of:
a buffer status report; or
a scheduling request; and
sending, by the base station to the wireless device, a resource grant indicating the sidelink radio resources.
12. The method of claim 8, wherein the sidelink configuration parameters indicate:
configured grant resources associated with the first resource allocation mode, wherein the configured grant resources comprise first radio resources; and
a second resource pool for the second resource allocation mode, wherein the second resource pool comprises second radio resources.
12. The method of claim 8, wherein the sidelink configuration parameters indicate:
configured grant resources associated with the first resource allocation mode, wherein the configured grant resources comprise first radio resources; and
a second resource pool for the second resource allocation mode, wherein the second resource pool comprises second radio resources.
13. The method of claim 8, wherein the one or more measurement conditions comprise at least one of:
a first channel busy ratio (CBR) threshold of a first resource pool for the first resource allocation mode;
a second CBR threshold of a second resource pool for the second resource allocation mode;
a first channel occupancy ratio (CR) threshold of a first resource pool for the first resource allocation mode;
a second CR threshold of a second resource pool for the second resource allocation mode; or
a quality-of-service (QOS) requirement associated with at least one of the first resource allocation mode or the second resource allocation mode.
13. The method of claim 8, wherein the at least one parameter indicates at least one of:
a first channel busy ratio (CBR) threshold of a first resource pool for the first resource allocation mode;
a second CBR threshold of a second resource pool for the second resource allocation mode;
a first channel occupancy ratio (CR) threshold of the first resource pool for the first resource allocation mode;
a second CR threshold of the second resource pool for the second resource allocation mode; or
a quality-of-service (QoS) requirement associated with at least one of the first resource allocation mode or the second resource allocation mode.
14. The method of claim 8, further comprising sending, to the wireless device, a message to activate or deactivate at least one of:
the first resource allocation mode, or
the second resource allocation mode.
14. The method of claim 8, further comprising sending, to the wireless device, a message to activate or deactivate at least one of:
the first resource allocation mode, or
the second resource allocation mode.
15. The method of claim 8, wherein the one or more measurement conditions comprises measurement of at least one of:
a first channel busy ratio (CBR) of a first resource pool for the first resource allocation mode;
a second CBR of a second resource pool for the second resource allocation mode;
a first channel occupancy ratio (CR) of a first resource pool for the first resource allocation mode;
a second CR of a second resource pool for the second resource allocation mode; or
a quality-of-service (QOS) associated with at least one of the first resource allocation mode or the second resource allocation mode.
13. The method of claim 8, wherein the at least one parameter indicates at least one of:
a first channel busy ratio (CBR) threshold of a first resource pool for the first resource allocation mode;
a second CBR threshold of a second resource pool for the second resource allocation mode;
a first channel occupancy ratio (CR) threshold of the first resource pool for the first resource allocation mode;
a second CR threshold of the second resource pool for the second resource allocation mode; or
a quality-of-service (QoS) requirement associated with at least one of the first resource allocation mode or the second resource allocation mode.
Apparatus Claim 16-22 rejected similarly as method claims 1-7
Apparatus Claim 23-30 rejected similarly as method claims 8-15
Claim Rejections - 35 USC § 103
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 – 8, 10 – 23 and 25 – 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kung et al. US 20200229198 A1, hereinafter Kung (Kung: [0001] claims the benefit of U.S. Provisional Patent Application Ser. No. 62/791,500 filed on Jan. 11, 2019, hereinafter Kung’500; and, U.S. Provisional Patent Application Ser. No. 62/795,753 filed on Jan. 23, 2019, hereinafter Kung’753) in view of Kang 20200344771, hereinafter Kang.
Regarding claim 1, Kung teaches a method comprising:
(Kung: Summary, Fig. 2-4 para. [0367] UE, the device 300 includes a program code 312 stored in the memory 310. The CPU 308 could execute program code)
receiving, by a first wireless device and from a base station, information indicating one or more measurement conditions for
(Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value (corresponds to claim limitation “information indicating one or more measurement conditions”) used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the UE autonomous resource selection mode is used. para. [0351-0352 & 0349] base station could transmit a second message to the UE. The second message could contain value(s) indicating a threshold of QoS requirement(s) to associate transmission mode configuration with sidelink logical channel(s). The value(s) could contain a priority level, a reliability level, and/or a packet delay budget. Kung’500: page 50 2nd and 3rd paragraphs)
selecting between: a first resource allocation mode in which sidelink resources are to be designated by the base station, and a second resource allocation mode in which sidelink resources are to be designated by the first a wireless device;
(Kung: para. [0359 & 0385 & 0379] mode information transmitted by the base station could contain mapping between LCG ID(s) and resource allocation mode(s) (for a destination), mapping between destination(s) and resource allocation mode(s), and/or mapping between QoS requirement(s) and resource allocation mode(s). The destination(s) could be destination Layer-2 ID(s). The destination index(es) could be associated with destination Layer-2 ID(s). The resource allocation mode(s) could be network scheduling mode (e.g. mode 1, which corresponds to claim limitation “sidelink resources are to be designated by the base station”) or UE autonomous resource selection mode (e.g. mode 2, which corresponds to claim limitation “sidelink resources are to be designated by the first a wireless device”). The resources scheduled by the base station could be resources configured for mode 1. The resources selected by UE could be resources configured for mode 2. The transmission resource(s) could be (V2X) sidelink transmission resource(s). The transmission resource(s) could be scheduled by the base station. The transmission resource(s) could be selected by the UE. Kung’500: Page 48 2nd paragraphs, page 50 7th – 12th paragraphs)
selecting, by the first wireless device and based on the one or more measurement conditions, a resource allocation mode from among the first resource allocation mode and the second resource allocation mode; and
(Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value (corresponds to claim limitation “information indicating one or more measurement conditions”) used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the UE autonomous resource selection mode is used (corresponds to claim limitation “selecting, by the first wireless device and based on the one or more measurement conditions”). para. [0351-0352 & 0349] base station could transmit a second message to the UE. The second message could contain value(s) indicating a threshold of QoS requirement(s) to associate transmission mode configuration with sidelink logical channel(s). The value(s) could contain a priority level, a reliability level, and/or a packet delay budget. Kung’500: Page 48 2nd paragraphs, page 50 2nd and 12th paragraphs)
sending, to a second wireless device and via sidelink resources designated according to the selected resource allocation mode. (Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value (corresponds to claim limitation “information indicating one or more measurement conditions”) used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the UE autonomous resource selection mode is used (corresponds to claim limitation “sidelink resources designated according to the selected resource allocation mode”). para. [0366 & 0351-0352 & 0349] UE could perform a sidelink transmission to a second device (corresponds to claim limitation “sending, to a second wireless device”) transmitting all or part of the sidelink data via sidelink resource(s) selected by performing at least UE autonomous resource selection. Kung’500: Page 48 2nd paragraphs, page 50 2nd and 12th paragraphs)
It is noted that Kung does not explicitly disclose: sending, to a second wireless device and via sidelink resources designated according to the selected resource allocation mode, at least one transport block.
However, Kang from the same or similar fields of endeavor teaches the use of: sending, to a second wireless device and via sidelink resources designated according to the selected resource allocation mode, at least one transport block. (Kang: para. [0137 & 0075] When the terminal selects a resource via sensing in mode 2 among sidelink resource allocation schemes, the terminal may reserve a resource for transmission of one TB or reserve a resource for transmission of a plurality of TBs. The configuration whether to reserve a resource for transmission of one TB or a plurality of TBs may be determined from a higher level. Para. [0089] Mode 2 may be referred to as UE autonomous resource selection. Para. [0094] transmitting terminal 501 may transmit data to the receiving terminal 502 via the PSSCH in unicast or groupcast. In the case of mode 2, the transmitting terminal 501 can directly perform scheduling for the sidelink by performing sensing and transmission resource selection operations) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claim 2, Kung and Kang teach the method of claim 1, wherein the one or more measurement conditions comprises one or more resource measurement conditions to be met before selecting the second resource allocation mode. (Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to, which corresponds to claim limitation “resource measurement conditions to be met”) the threshold value for which the UE autonomous resource selection mode is used. para. [0351-0352 & 0349] base station could transmit a second message to the UE. The second message could contain value(s) indicating a threshold of QoS requirement(s) to associate transmission mode configuration with sidelink logical channel(s). The value(s) could contain a priority level, a reliability level, and/or a packet delay budget. Kung’500: page 50 2nd and 12th paragraphs)
Regarding claim 3, Kung and Kang teach the method of claim 1, wherein the one or more measurement conditions indicates that the selecting should be based on one or more of the following: channel busy ratio (CBR);channel occupancy ratio (CR);quality of service requirement; (Kung: para. [0352] The UE could consider data associated with logical channel(s) of which QoS requirement(s) is higher than (or equal to) the associated threshold(s) to be able to be transmitted via resources scheduled by the base station. Kung’500: page 48 2nd paragraph, page 50 2nd and 12th paragraphs) or received signal strength indication of radio resources.
Kung does not explicitly teaches: wherein the one or more measurement conditions indicates that the selecting should be based on one or more of the following: channel busy ratio (CBR);channel occupancy ratio (CR); or received signal strength indication of radio resources.
Kang from the same or similar fields of endeavor teaches: wherein the one or more measurement conditions indicates that the selecting should be based on one or more of the following: channel busy ratio (CBR); (Kang: para. [0118-0121] terminal may measure a channel busy ratio (CBR). CBR is an index indicating how much the current channel is occupied by the terminals, and may be used to determine whether the corresponding channel of the sidelink is congested) channel occupancy ratio (CR); (Kang: para. [0135] mode 2, the terminal may perform congestion control by measuring a channel occupancy ratio (CR) together with CBR measurement) or received signal strength indication of radio resources. (Kang: para. [0119] CBR is defined as a ratio of subchannels in which a sidelink received signal strength indicator (RSSI) is measured by a terminal in a resource pool exceeds a (pre-)configured threshold) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claim 4, Kung and Kang teach the method of claim 1, further comprising receiving, by the first wireless device from the base station, one or more sidelink configuration parameters indicating at least one of: a first resource pool for the first resource allocation mode; or a second resource pool for the second resource allocation mode. (Kung: para. [0359 & 0385 & 0379] mode information transmitted by the base station could contain mapping between LCG ID(s) and resource allocation mode(s) (for a destination), mapping between destination(s) and resource allocation mode(s), and/or mapping between QoS requirement(s) and resource allocation mode(s). The destination(s) could be destination Layer-2 ID(s). The destination index(es) could be associated with destination Layer-2 ID(s). The resource allocation mode(s) could be network scheduling mode (e.g. mode 1, which corresponds to claim limitation “sidelink resources are to be designated by the base station”) or UE autonomous resource selection mode (e.g. mode 2, which corresponds to claim limitation “sidelink resources are to be designated by the first a wireless device”). The resources scheduled by the base station could be resources configured for mode 1. The resources selected by UE could be resources configured for mode 2. The transmission resource(s) could be (V2X) sidelink transmission resource(s). The transmission resource(s) could be scheduled by the base station. The transmission resource(s) could be selected by the UE. Kung’500: Page 48 2nd paragraphs, page 50 7th – 12th paragraphs)
Regarding claim 5, Kung and Kang teach the method of claim 1, further comprising: based on selecting the first resource allocation mode, sending, by the first wireless device to the base station, a request for sidelink radio resources, wherein the request for sidelink radio resources comprises at least one of: a buffer status report; (Kung: para. [0327] The UE could report available amount (buffer status) of the sidelink data via a sidelink Buffer Status Report (BSR) if the sidelink data is configured to be able to be transmitted via resources scheduled by the base station (resource allocation mode 1). Kung’500: page 47 6th paragraph) or a scheduling request; and receiving, by the first wireless device from the base station, a resource grant indicating granted sidelink radio resources.
Kang from the same or similar fields of endeavor teaches: or a scheduling request; and (Kang: para. [0077] operation 415, the transmitting terminal 401 may request the base station 403 to transmit resources for performing side link communication with the receiving terminal 402. In this case, the transmitting terminal 401 may request the base station 403 to transmit resources for the sidelink using at least one of an uplink physical uplink control channel (PUCCH), an RRC message, or a media access controller (MAC) control element (CE). For example, when MAC CE is used, MAC CE may be a MAC CE for a buffer status report (BSR) having a new format including at least one of an indicator for indicating that it is a buffer status report for sidelink communication and information about the size of data buffered for device-to-device (D2D) communication. In addition, when PUCCH is used, the transmitting terminal 401 may request a sidelink resource via a bit of a scheduling request (SR) transmitted via an uplink physical control channel) receiving, by the first wireless device from the base station, a resource grant indicating granted sidelink radio resources. (Kang: para. [0078] In operation 417, the base station 403 may transmit downlink control information (DCI) to the transmitting terminal 401 via a PDCCH. For example, the base station 403 may indicate the transmitting terminal 401 to finalize scheduling for sidelink communication with the receiving terminal 402. More specifically, the base station 403 may allocate a sidelink transmission resource to the transmitting terminal 401 according to at least one of a dynamic grant scheme or a configured grant (CG) scheme) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claim 6, Kung and Kang teach the method of claim 1, further comprising receiving, by the first wireless device from the base station, sidelink configuration parameters that indicate: configured grant resources associated with the first resource allocation mode, wherein the configured grant resources comprise first radio resources; and a second resource for the second resource allocation mode, wherein the second resource pool comprises second radio resources. (Kung: para. [0359 & 0385 & 0379] mode information transmitted by the base station could contain mapping between LCG ID(s) and resource allocation mode(s) (for a destination), mapping between destination(s) and resource allocation mode(s), and/or mapping between QoS requirement(s) and resource allocation mode(s). The destination(s) could be destination Layer-2 ID(s). The destination index(es) could be associated with destination Layer-2 ID(s). The resource allocation mode(s) could be network scheduling mode (e.g. mode 1, which corresponds to claim limitation “sidelink resources are to be designated by the base station”) or UE autonomous resource selection mode (e.g. mode 2, which corresponds to claim limitation “sidelink resources are to be designated by the first a wireless device”). The resources scheduled by the base station could be resources configured for mode 1. The resources selected by UE could be resources configured for mode 2. The transmission resource(s) could be (V2X) sidelink transmission resource(s). The transmission resource(s) could be scheduled by the base station. The transmission resource(s) could be selected by the UE. Kung’500: Page 48 2nd paragraphs, page 50 7th – 12th paragraphs)
Kung does not explicitly teaches: a second resource pool for the second resource allocation mode, wherein the second resource pool comprises second radio resources.
Kang from the same or similar fields of endeavor teaches: a second resource pool for the second resource allocation mode, wherein the second resource pool comprises second radio resources. (Kang: para. [0089] Mode 2 may be referred to as UE autonomous resource selection. Specifically, according to mode 2, the base station 503 provides the sidelink transmission/reception resource pool for the sidelink to the terminal as system information or an RRC message (e.g., RRC reconfiguration message, PC5 RRC message), and the transmitting terminal 501 selects a resource pool and resources according to the determined rules) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claim 7, Kung and Kang teach the method of claim 1, wherein the selecting is based on measurement of at least one of: a quality-of-service (QoS) associated with at least one of the first resource allocation mode or the second resource allocation mode. (Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value (corresponds to claim limitation “information indicating one or more measurement conditions”) used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the UE autonomous resource selection mode is used. para. [0351-0352 & 0349] base station could transmit a second message to the UE. The second message could contain value(s) indicating a threshold of QoS requirement(s) to associate transmission mode configuration with sidelink logical channel(s). The value(s) could contain a priority level, a reliability level, and/or a packet delay budget. Kung’500: page 50 2nd and 3rd paragraphs)
Kung does not explicitly teaches: a first channel busy ratio (CBR) of a first resource pool for the first resource allocation mode; a second CBR of a second resource pool for the second resource allocation mode; a first channel occupancy ratio (CR) of a first resource pool for the first resource allocation mode; a second CR of a second resource pool for the second resource allocation mode.
Kang from the same or similar fields of endeavor teaches: a first channel busy ratio (CBR) of a first resource pool for the first resource allocation mode; (Kang: para. [0134] congestion of the corresponding channel may be determined based on the CBR value measured by the definition of the CBR. The terminal may report the measured CBR to the base station. Specifically, when the base station and the terminal are connected by Uu-RRC, the CBR value measured by the terminal may be reported to the base station via Uu-RRC. In mode 1 of the sidelink resource allocation schemes, when the transmitting terminal requests the base station to transmit resources for performing sidelink communication with the receiving terminal, the base station may allocate the transmission resources using the reported CBR information)
a first channel occupancy ratio (CR) of a first resource pool for the first resource allocation mode;
a second CBR of a second resource pool for the second resource allocation mode; a second CR of a second resource pool for the second resource allocation mode;
(Kang: para. [0135] in mode 2, the terminal may perform congestion control by measuring a channel occupancy ratio (CR) together with CBR measurement. In this case, the priority of the packet may be reflected. When the transmitting terminal transmits the packet, a value for indicating the priority of the corresponding packet may be transmitted to the receiving terminal via SCI. CR is an index indicating how much the terminal has occupied the channel, and a CR limit for the terminal to occupy the channel may be determined according to the CBR value. For example, when the channel is congested (i.e., when the CBR value is measured high), the CR limit is configured low, and the terminal should perform congestion control so that the measured CR does not exceed the CR limit. In order to perform congestion control, the terminal should drop the transmission or make the CR measured via the scheduling implementation satisfy the CR limit. If the channel is not congested (i.e., when the CBR value is measured low), the CR limit is configured high, and the possibility that the measured CR does not exceed the CR limit increases, so that the terminal may occupy and use the channel more) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claim 8, Kung teaches a method comprising: (Kung: para. Summary, Fig. 1-3 and para. [0066] FIG. 3, the communication device 300 in a wireless communication system can be utilized for realizing the in FIG. 1 or the base station (or AN) 100 in FIG. 1, and the wireless communications system is preferably the LTE or NR system. The communication device 300 may include an input device 302, an output device 304, a control circuit 306, a central processing unit (CPU) 308, a memory 310, a program code 312, and a transceiver 314.)
receiving, from a wireless device, a request for sidelink configuration parameters;
(Kung: para. [0110] to request (configuration/release) of sidelink communication or V2X sidelink communication or sidelink discovery transmission resources)
determining, for the wireless device, sidelink configuration parameters for: a first resource allocation mode in which sidelink resources are to be designate by the base station; and a second resource allocation mode in which sidelink resources are to be designated by the wireless device; and sending, by the base station to the wireless device, the sidelink configuration parameters (Kung: para. [0359 & 0385 & 0379 & 0328] mode information transmitted by the base station could contain mapping between LCG ID(s) and resource allocation mode(s) (for a destination), mapping between destination(s) and resource allocation mode(s), and/or mapping between QoS requirement(s) and resource allocation mode(s). The destination(s) could be destination Layer-2 ID(s). The destination index(es) could be associated with destination Layer-2 ID(s). The resource allocation mode(s) could be network scheduling mode (e.g. mode 1,) or UE autonomous resource selection mode (e.g. mode 2, which corresponds to claim limitation “sidelink resources are to be designated by the first a wireless device”). The resources scheduled by the base station could be resources (which corresponds to claim limitation “a first resource allocation mode in which sidelink resources are to be designate by the base station”) configured for mode 1. The resources selected by UE could be resources (which corresponds to claim limitation “a second resource allocation mode in which sidelink resources are to be designated by the wireless device”) configured for mode 2. The transmission resource(s) could be (V2X) sidelink transmission resource(s). The transmission resource(s) could be scheduled by the base station. The transmission resource(s) could be selected by the UE. Kung’500: Page 48 2nd paragraphs, page 50 7th – 12th paragraphs)
and one or more measurement conditions (Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value (corresponds to claim limitation “measurement conditions”) used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the UE autonomous resource selection mode is used. para. [0351-0352 & 0349] base station could transmit a second message to the UE. The second message could contain value(s) indicating a threshold of QoS requirement(s) to associate transmission mode configuration with sidelink logical channel(s). The value(s) could contain a priority level, a reliability level, and/or a packet delay budget. Kung’500: page 50 2nd and 3rd paragraphs)
for the wireless device to use to select between the first resource allocation mode and the second resource allocation mode.
(Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value (corresponds to claim limitation “measurement conditions”) used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the UE autonomous resource selection mode is used (corresponds to claim limitation “for the wireless device to use to select between the first resource allocation mode and the second resource allocation mode”). para. [0366 & 0351-0352 & 0349] UE could perform a sidelink transmission to a second device transmitting all or part of the sidelink data via sidelink resource(s) selected by performing at least UE autonomous resource selection. Kung’500: Page 48 2nd paragraphs, page 50 2nd and 12th paragraphs)
It is noted that Kung does not explicitly disclose: receiving, by a base station from a wireless device, a request for sidelink configuration parameters.
However, Kang from the same or similar fields of endeavor teaches the use of: receiving, by a base station from a wireless device, a request for sidelink configuration parameters. (Kang: para. [0077] In operation 415, the transmitting terminal 401 may request the base station 403 to transmit resources for performing side link communication with the receiving terminal 402) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claims 10-13, Kung and Kang teach all the limitations as discussed in the rejection of claims 4-7, and therefore method claims 10-13 are rejected using the same rationales.
Regarding claim 14, Kung and Kang teach the method of claim 8, Kung does not explicitly teaches: further comprising sending, to the wireless device, a message to activate or deactivate at least one of: the first resource allocation mode, or the second resource allocation mode.
Kang from the same or similar fields of endeavor teaches: further comprising sending, to the wireless device, a message to activate or deactivate at least one of: the first resource allocation mode, or the second resource allocation mode. (Kang: para. [0080] In the case of type 2 CG, the base station 403 may activate and/or deactivate the resource configured by the configuration grant via DCI. Therefore, in the case of mode 1, the base station 403 may transmit the DCI via the PDCCH, thereby indicating the transmitting terminal 401 to finally schedule for sidelink communication with the receiving terminal 402) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claim 15, Kung and Kang teach the method of claim 8, wherein the one or more measurement conditions comprises measurement of at least one of: a quality-of-service (QoS) associated with at least one of the first resource allocation mode or the second resource allocation mode. (Kung: Para. [0379] the first signaling from the base station could contain at least one threshold value (corresponds to claim limitation “information indicating one or more measurement conditions”) used to determine one resource allocation mode for the data based on comparison between the threshold and a LCG ID of the data. UE could consider using a network scheduling mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the network scheduling mode is used. The UE could consider using a UE autonomous resource selection mode to transmit the data associated with a LCG ID if the LCG ID is higher than (or equal to) the threshold value for which the UE autonomous resource selection mode is used. para. [0351-0352 & 0349] base station could transmit a second message to the UE. The second message could contain value(s) indicating a threshold of QoS requirement(s) to associate transmission mode configuration with sidelink logical channel(s). The value(s) could contain a priority level, a reliability level, and/or a packet delay budget. Kung’500: page 50 2nd and 3rd paragraphs)
Kung does not explicitly teaches: a first channel busy ratio (CBR) of a first resource pool for the first resource allocation mode; a second CBR of a second resource pool for the second resource allocation mode; a first channel occupancy ratio (CR) of a first resource pool for the first resource allocation mode; a second CR of a second resource pool for the second resource allocation mode.
Kang from the same or similar fields of endeavor teaches:
a first channel busy ratio (CBR) of a first resource pool for the first resource allocation mode; (Kang: para. [0134] congestion of the corresponding channel may be determined based on the CBR value measured by the definition of the CBR. The terminal may report the measured CBR to the base station. Specifically, when the base station and the terminal are connected by Uu-RRC, the CBR value measured by the terminal may be reported to the base station via Uu-RRC. In mode 1 of the sidelink resource allocation schemes, when the transmitting terminal requests the base station to transmit resources for performing sidelink communication with the receiving terminal, the base station may allocate the transmission resources using the reported CBR information)
a first channel occupancy ratio (CR) of a first resource pool for the first resource allocation mode;
a second CBR of a second resource pool for the second resource allocation mode; a second CR of a second resource pool for the second resource allocation mode;
(Kang: para. [0135] in mode 2, the terminal may perform congestion control by measuring a channel occupancy ratio (CR) together with CBR measurement. In this case, the priority of the packet may be reflected. When the transmitting terminal transmits the packet, a value for indicating the priority of the corresponding packet may be transmitted to the receiving terminal via SCI. CR is an index indicating how much the terminal has occupied the channel, and a CR limit for the terminal to occupy the channel may be determined according to the CBR value. For example, when the channel is congested (i.e., when the CBR value is measured high), the CR limit is configured low, and the terminal should perform congestion control so that the measured CR does not exceed the CR limit. In order to perform congestion control, the terminal should drop the transmission or make the CR measured via the scheduling implementation satisfy the CR limit. If the channel is not congested (i.e., when the CBR value is measured low), the CR limit is configured high, and the possibility that the measured CR does not exceed the CR limit increases, so that the terminal may occupy and use the channel more) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kang in the method of Kung. One of ordinary skill in the art would be motivated to do so for performing congestion control in a side link of V2X communication, and whether the channel connection of a terminal is determined according to whether or not a corresponding channel of the side link is congested, and congestion control is performed via limitation on a configuration range of transmission parameters. For example, when the channel is congested, the terminal drops transmission or controls channel access via scheduling adjustment, and when the terminal accesses the channel, the terminal selects transmission parameters, based on the congestion status of the channel, so that the probability of successful transmission can be improved (Kang: para. [0117]).
Regarding claims 16-22, Kung and Kang teach a first wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, configure the first wireless device to: (Kung: Summary, Fig. 2-4 para. [0367] UE, the device 300 includes a program code 312 stored in the memory 310. The CPU 308 could execute program code) and Kung and Kang teach all the limitations as discussed in the rejection of claims 1-7, and therefore apparatus claims 16-22 are rejected using the same rationales.
Regarding claims 23 and 25-30, Kung and Kang teach base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, (Kung: para. Summary, Fig. 1-3 and para. [0066] FIG. 3, the communication device 300 in a wireless communication system can be utilized for realizing the in FIG. 1 or the base station (or AN) 100 in FIG. 1, and the wireless communications system is preferably the LTE or NR system. The communication device 300 may include an input device 302, an output device 304, a control circuit 306, a central processing unit (CPU) 308, a memory 310, a program code 312, and a transceiver 314.) configure the base station to: and Kung and Kang teach all the limitations as discussed in the rejection of claims 8 and 10-15, and therefore apparatus claims 23 and 25-30 are rejected using the same rationales.
Claim(s) 9 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kung and Kang as applied to claim 8 above, and further in view of Zheng et al. US20210250802 A1, hereinafter Zheng with priority to CN201811297562.1A filed on 2018-11-01.
Regarding claim 9, Kung and Kang teach the method of claim 8, Kung and Kang do not explicitly teach: wherein the sidelink configuration parameters are based on capability of the wireless device.
Zheng from the same or similar fields of endeavor teaches: wherein the sidelink configuration parameters are based on capability of the wireless device. (Zheng: para. [0102] reporting, to the network side device, sidelink capability information supported by the first terminal. Para. [0107 & 0102-0106] After the first terminal reports the sidelink capability information supported by the first terminal to the network side device, the network side device configures the access control parameter for the first terminal based on the sidelink capability information supported by the first terminal, and sends, to the first terminal, the access control parameter configured for the first terminal. The first terminal may perform connection management of sidelink unicast or groupcast based on the received access control parameter, to resolve a congestion problem of a network or a terminal) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Zheng in the method of Kung and Kang. One of ordinary skill in the art would be motivated to do so for first terminal may perform connection management of sidelink unicast or groupcast based on the received access control parameter, to resolve a congestion problem of a network or a terminal (Zheng: para. [0102-0107]).
Regarding claim 24, Kung and Kang teach all the limitations as discussed in the rejection of claim 9, and therefore apparatus claim 24 is rejected using the same rationales.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please also see PTO-892.
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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/WUTCHUNG CHU/ Primary Examiner, Art Unit 2418