DETAILED ACTION
This Office Action is responsive to the claims filed on: 10/10/2025.
Claims 7-11 are pending for Examination.
Claims 1-6 were cancelled by preliminary amendment.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statements
The information disclosure statements (IDS’) submitted on: 02/22/2024 and 09/03/2025 is determined to be compliance with the provisions of 37 CFR 1.97. Accordingly, these IDS’ are being considered by the Examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following test will be interpreted under 35 U.S.C. 112(f):
(A) The claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f), because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are as follows:
“a control unit” recited in claims 7-8 and 11 corresponds to a nonce term as this term is not supported by sufficient structure within the claims and is instead only supported by functional language of being “configured to determine….” Consistent with Applicant’s specification/disclosure, the control unit 240 is depicted a component of a UE device 20, which also corresponds to the UE 20 processor 1001 of Fig. 21. Accordingly, applying Broadest Reasonable Interpretation, the Examiner interprets the control unit to be associated with a structural processor component of a UE in the manner described in Applicant’s specification, at paras. [0280] and [0283]-[0286].
“a transmission unit” in claims 7 and 11 corresponds to a nonce term as this term is not supported by sufficient structure within the claims and is instead only supported by functional language of being “configured to transmit….” Consistent with Applicant’s specification/disclosure, the transmission unit 210 is depicted a component of a UE device 20, which also corresponds to the UE 20 communication device 1004 of Fig. 21. Accordingly, applying Broadest Reasonable Interpretation, the Examiner interprets the transmission unit to be associated with a structural communication device component of a UE in the manner described in Applicant’s specification, at paras. [0278], [0283]-[0285], and [0290].
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f), Applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 (or as subject to pre-AIA 35 U.S.C. 102) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7 and 10 are rejected under 35 U.S.C. 102(a)(2) as being unpatentable in view of US PG Pub. 2021/0368542 A1, Xue et al. (hereinafter “Xue”).
With respect to claim 7, Xue teaches:
A terminal (UE 500 of Fig. 5) comprising:
a control unit (Processor 502 of Fig. 5) configured to determine a resource for transmitting a shared channel in a resource pool in a frequency band in which an LBT (Listen before talk) is performed for channel access (paras. [0007]-[0008], [0013], [0036], and [0076] —a UE can be preconfigured (i.e., Mode 2) with a sidelink (SL) resource pool for selection of SL channel resources PSCCH/PSSCH in an unlicensed frequency band where LBT (i.e., sensing) is performed before channel access); and
a transmission unit (Transceiver 510 of Fig. 5) configured to transmit the shared channel to another terminal by using the determined resource (paras. [0078] and [0098]-[0099]; and Figs. 2, 4, and 7 —SL UEs 215x of Fig. 2 can transmit SL channel data therebetween, such as the PSSCHs 414/717 of Figs. 4 and 7, using preconfigured, i.e., Mode-2, SL resources),
wherein in a case where another transmission is performed before transmission using the determined resource (paras. [0078] and [0098]-[0099]; and Figs. 4 and 7 —Other SL Tx, 410/710 of Figs. 4 and 7, can be performed before the multiple PSSCH transmissions scheduled over the preconfigured SL resources, 414/717 of Figs. 4 and 7), the control unit performs transmission of the shared channel by using at least a part of a period between a resource used for the another transmission and the determined resource (paras. [0078], [0098]-[0099], and [0101]; and Figs. 4 and 7 —a SL UE can transmit over the shared UL-CC channel 402/702, during at least part of the gap 412/712, which exists between the Other Tx 410/710 and the scheduled PSSCH Tx, 414/717 —a CP extension can be used to configure transmission within the gap of 16-25µs, at para. [0078] —a CP extension associated with higher priority traffic can allow a UE to occupy UL-CC early or prior in time compared to the start time of the transmission opportunity (e.g., within the gap 712), at para. [0101]).
With respect to claim 10, Xue teaches:
A communication method performed by a terminal (UE 500 of Fig. 5), the communication method comprising:
determining a resource for transmitting a shared channel in a resource pool in a frequency band in which an LBT (Listen before talk) is performed for channel access (paras. [0007]-[0008], [0013], [0036], and [0076] —a UE can be preconfigured (i.e., Mode 2) with a sidelink (SL) resource pool for selection of SL channel resources PSCCH/PSSCH in an unlicensed frequency band where LBT (i.e., sensing) is performed before channel access); and
transmitting the shared channel to another terminal by using the determined resource (paras. [0078] and [0098]-[0099]; and Figs. 2, 4, and 7 —SL UEs 215x of Fig. 2 can transmit SL channel data therebetween, such as the PSSCHs 414/717 of Figs. 4 and 7, using preconfigured, i.e., Mode-2, SL resources),
wherein in a case where another transmission is performed before transmission using the determined resource, the transmitting includes transmitting the shared channel by using at least a part of a period between a resource used for the another transmission and the determined resource (paras. [0078], [0098]-[0099], and [0101]; and Figs. 4 and 7 —a SL UE can transmit over the shared UL-CC channel 402/702, during at least part of the gap 412/712, which exists between the Other Tx 410/710 and the scheduled PSSCH Tx, 414/717 —a CP extension can be used to configure transmission within the gap of 16-25µs, at para. [0078] —a CP extension associated with higher priority traffic can allow a UE to occupy UL-CC early or prior in time compared to the start time of the transmission opportunity (e.g., within the gap 712), at para. [0101]).
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.
Claims 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Xue in view of US PG Pub 2023/0146161 A1, Sun et al. (hereinafter “Sun”).
With Respect to Claim 8, Xue teaches the terminal of claim 7.
However, Xue does not explicitly teach:
wherein the control unit configures the at least a part of the period based on a subcarrier spacing used for the transmission of the shared channel.
Sun does teach:
configuring at least a part of a period (between resources of a first transmission and resources of another transmission), based on a subcarrier spacing used for the transmission of the shared channel (paras. [0063], [0121], and [0124]-[0126]; and Fig. 10 —a gap/period used for a corresponding SL channel shared COT can be configured in accordance with a CP-extension, and is based on a SCS of the SL channel —SCS affects symbol length, i.e., the larger the SCS in kHz the smaller the symbol length, and a gap/period symbol is in proportion to the SCS).
It would have been prima-facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xue’s shared COT gap configuration with a gap-length that is based on the SL channel SCS, as taught by Sun.
The motivation for doing so would have been to recognize the inverse relationship between SCS and symbol length, as recognized by Sun (paras. [0063], [0121], and [0124]-[0126]; and Fig. 10).
With respect to claim 9, Xue teaches the terminal of claim 7.
However, Xue does not explicitly teach:
wherein in a case where a signal is received from another terminal before performing the transmission of the shared channel, the control unit performs the transmission of the shared channel without an LBT if a gap between an ending point of the reception and a beginning point of the transmission is less than a predetermined value.
Sun does teach:
wherein in a case where a signal is received from another terminal before performing the transmission of the shared channel, the control unit performs the transmission of the shared channel without an LBT if a gap between an ending point of the reception and a beginning point of the transmission is less than a predetermined value (paras. [0067], [0076], and [0110]; and Figs. 2 and 3 —after an initial PSSCH transmission 215 if a LBT gap threshold is satisfied, i.e., CAT-1 LBT, then the UE can apply a CP extension for a next SL PSSCH transmission 217 without LBT, i.e., where no CCA is required for high-priority/low-interference, buffered data).
It would have been prima-facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xue’s shared COT gap configuration with a gap-length threshold, for CAT-1 LBT, where no LBT (CCA) is required, as taught by Sun.
The motivation for doing so would have been to improve SL data throughput between communicating SL UEs, by not requiring LBT when a gap threshold is satisfied for CAT-1 LBT, as recognized by Sun (paras. [0067], [0076], and [0110]; and Figs. 2 and 3).
With respect to claim 11, Xue teaches:
A communication system for performing device-to-device direct communication (Communications Systems 100/200 of Figs. 1 and 2), the communication system comprising:
a first terminal (SL UE 215a1 of Fig. 2); and
a second terminal (SL UE 215a2 of Fig. 2),
wherein the first terminal includes:
a control unit (Processor 502 of Fig. 5) configured to determine a resource for transmitting a shared channel in a resource pool in a frequency band in which an LBT (Listen before talk) is performed for channel access (paras. [0007]-[0008], [0013], [0036], and [0076] —a UE can be preconfigured (i.e., Mode 2) with a sidelink (SL) resource pool for selection of SL channel resources PSCCH/PSSCH in an unlicensed frequency band where LBT (i.e., sensing) is performed before channel access); and
a transmission unit (Transceiver 510 of Fig. 5)configured to transmit the shared channel to another terminal by using the determined resource(paras. [0078] and [0098]-[0099]; and Figs. 2, 4, and 7 —SL UEs 215x of Fig. 2 can transmit SL channel data therebetween, such as the PSSCHs 414/717 of Figs. 4 and 7, using preconfigured, i.e., Mode-2, SL resources),
wherein in a case where another transmission is performed before transmission using the determined resource, the control unit performs transmission of the shared channel by using at least a part of a period between a resource used for the another transmission and the determined resource (paras. [0078], [0098]-[0099], and [0101]; and Figs. 4 and 7 —a SL UE can transmit over the shared UL-CC channel 402/702, during at least part of the gap 412/712, which exists between the Other Tx 410/710 and the scheduled PSSCH Tx, 414/717 —a CP extension can be used to configure transmission within the gap of 16-25µs, at para. [0078] —a CP extension associated with higher priority traffic can allow a UE to occupy UL-CC early or prior in time compared to the start time of the transmission opportunity (e.g., within the gap 712), at para. [0101]).
Xue does not explicitly teach:
the second terminal transmits, to the first terminal, feedback information corresponding to the shared channel transmitted by the first terminal.
Sun does teach:
a second SL terminal that transmits, to a first SL first terminal, feedback information corresponding to a shared channel transmitted by the first terminal (paras. [0033], [0055], [0097], and [0099]; and PSFCHs of Figs. 6-12 —a responding SL UE can transmit a PSFCH 616 feedback communication to an initiating UE corresponding an initial PSSCH transmission 614).
It would have been prima-facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xue’s shared channel transmissions between SL UEs to include feedback information via a PSFCH, as taught by Sun.
The motivation for doing so would have been to provide PSFCH feedback for a shared channel transmission of a first SL UE by a second SL UE during a shared COT, as recognized by Sun (paras. [0033], [0055], [0097], and [0099]; and PSFCHs of Figs. 6-12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure is as follows:
US PG Pub. 2022/0078841 A1, Tiirola et al.: teaches COT scheduling and various UL operations for listen before talk operations and corresponding gap configuration.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Scott Schlack whose telephone number is (571)272-2332. The Examiner can normally be reached Mon. through Fri., from 11am-6pm EST.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Moo Jeong can be reached at (571)272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Scott A. Schlack/Examiner, Art Unit 2418
/Moo Jeong/Supervisory Patent Examiner, Art Unit 2418