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 .
Claims 7-10 have been examined.
Claim Objections
Claims 7 and 10 are objected to because of the following informalities:
Claim 7 line 3 “LBT (Listen before talk)” should read “Listen before talk (LBT)”
Claim 10 line 4 “LBT (Listen before talk)” should read “Listen before talk (LBT)”
Appropriate correction is required.
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(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;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited 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) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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 limitation(s) is/are:
reception unit configured to receive… in access channel (claim 7)
a control unit configured to perform… the shared channel (claim 7)
a transmission unit configured to transmit… of bands (claim 7)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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 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.
Claim(s) 7-10 are is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xue et al. (US 2021/0195649).
- In reference to claim 7
Xue et al. teaches a terminal (e.g. User Equipment 400/115/215; Fig. 1-2, 4, par. 0071, 0062) comprising:
a reception unit configured (e.g. receiver; par. 0062, 0079-0082) to receive, from another terminal (e.g. another UE 115/215; Fig. 1-2 par. 0062, 0041, 0058) a control channel (e.g. Physical Sidelink Control Channel; par. 0065) and a shared channel (e.g. Physical Sidelink Shared Channel; par. 0065) in a resource pool in a frequency band (e.g. frequency band 301; Fig. 3, par. 0062-0063) in which listen before talk (LBT) is performed in channel access (e.g. Listen before talk preformed in access channel; par. 0062-0066);
a control unit (e.g. sidelink communication module 408/processor402/modem subsystem 412; Fig. 4, par. 0074-0078) configured to perform LBT in each of a plurality of bands (e.g. frequency bands s0,s1,s2; par. 0065-0066) before transmitting a feedback channel (e.g. Physical Sidelink Feedback Channel; par. 0065) corresponding to the shared channel (par. 0065-0067); and
a transmission unit (e.g. transmitter par. 0062, 0079-0082) configured to transmit the feedback channel (e.g. Physical Sidelink Feedback Channel; par. 0065) in a band in which LBT is successful among the plurality of bands (e.g. transmitting PSFCH in one of frequency bands s0,s1,s2 in which LBT was successful; par. 0065-0067).
- In reference to claim 8
Xue et al. further teaches the transmission unit (e.g. transmitter par. 0062, 0079-0082) transmits the feedback channel to the another terminal in a case where LBT is successful in all of the plurality of bands (e.g. transmits the Physical Sidelink Feedback Channel to the another UE such as UE 115k on at least one of frequency bands s0,s1,s2 in the case were LBT is successful on frequency bands s0,s1,s2; par. 0066-0067).
- In reference to claim 9
Xue et al. further teaches the control unit (e.g. sidelink communication module 408/processor402/modem subsystem 412; Fig. 4, par. 0074-0078) performs LBT before transmission of the feedback channel, based on an indication (e.g. Sidelink Control Information; par. 0067-0068) related to LBT that is indicated via the control channel and the shared channel corresponding to the feedback channel.
- In reference to claim 10
Xue et al. teaches a communication method performed by a terminal (e.g. User Equipment 400/115/215; Fig. 1-2, 4, par. 0071, 0062), the communication method comprising:
receiving, from another terminal (e.g. another UE 115/215; Fig. 1-2 par. 0062, 0041, 0058), a control channel (e.g. Physical Sidelink Control Channel; par. 0065) and a shared channel (e.g. Physical Sidelink Shared Channel; par. 0065) in a resource pool in a frequency band (e.g. frequency band 301; Fig. 3, par. 0062-0063) in which listen before talk (LBT) is performed in channel access (e.g. Listen before talk preformed in access channel; par. 0062-0066);
performing LBT in each of a plurality of bands (e.g. frequency bands s0,s1,s2; par. 0065-0066) before transmitting a feedback channel (e.g. Physical Sidelink Feedback Channel; par. 0065) corresponding to the shared channel (par. 0065-0067); and
transmitting the feedback channel (e.g. Physical Sidelink Feedback Channel; par. 0065) in a band in which LBT is successful among the plurality of bands (e.g. transmitting PSFCH in one of frequency bands s0,s1,s2 in which LBT was successful; par. 0065-0067).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
US 2022/0338175 pertains to receiving, from a network entity, a downlink control information (DCI) allocating resources in an unlicensed frequency band for multiple physical sidelink shared channel (PSSCH) transmissions across multiple transmission time intervals (TTIs), performing a listen-before-talk (LBT) channel access procedure in the TTIs, and transmitting, to at least one receiver UE, one or more PSSCHs in one or more of the TTIs being indicated as passing the LBT channel access procedure based on the performance.
US 2021/0092783 pertains to a sidelink control information (SCI) comprising COT shares information for second resources in the COT. The sidelink is transmitted using the first resources that comprises a first frequency interlace of multiple frequency interlaces during the COT by the first UE to the second UE. The COT sharing information indicates the second resources comprising a second frequency interlace of multiple frequency interlaces available during the COT.
US 2022/0061095 pertains to a first UE determines, based on a projected listen-before-talk (LBT) completion time, at least one of a sensing window or a first resource selection window. The first UE senses, based on the determining, in a sidelink resource pool within a shared radio frequency band during the sensing window. The first UE identifies, based on the sensing, a subset of resources from the sidelink resource pool that are within the first resource selection window. The first UE selects at least a first resource from the subset of resources. The first UE transmits, to a second UE using the selected first resource, a sidelink transmission.
US 2022/0417991 pertains to determining a slot for a sidelink (SL) transmission of a first physical sidelink shared channel (PSSCH) based on a sensing and listen-before-talk (LBT) operation on a first air interface. The first air interface is for unlicensed spectrum. The method further includes transmitting, on the first air interface, the first PSSCH and receiving, on a second air interface, a first physical sidelink feedback channel (PSFCH) with HARQ-ACK information in response to the first PSSCH. The second air interface is for licensed spectrum.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN S ROBERTS whose telephone number is (571)272-3095. The examiner can normally be reached M to F, 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at (571) 272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN S. ROBERTS
Primary Examiner
Art Unit 2466
/BRIAN S ROBERTS/Primary Examiner, Art Unit 2466