DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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 claim 29 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.
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) 1, 10, 14, 16, 21, 27-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Baek et al. (Pub No.: 2023/0337171).
Regarding claim 29, Baek et al. discloses a first user equipment (UE) (see first device 100 in fig. 15), comprising:
means (see transceiver 106 in fig. 15) for receiving a configuration of one or more resource pools for positioning (RP-Ps) to use for transmission, reception, or both of sidelink positioning reference signals (SL-PRS) (Baek et al. see para. 0093, 0253; Here, when UE 1 is within the connection range of the BS, the BS may inform UE 1 of a resource pool. On the other hand, when the UE 1 is outside the connection range of the BS, another UE may inform UE 1 of the resource pool, or UE 1 may use a preconfigured resource pool.). The UE (e.g., UE 1) receives from the BS, configuration of a resource pool positioning to use for SL PRS;
means (see processor 102 in fig. 15) for measuring at least a first channel busy ratio (CBR) associated with a first RP-P of the one or more RP-Ps (Baek et al. see fig. 12, step 201; para. 0253; a first UE, i.e., a positioning UE, may measure a CBR based on a positioning packet and/or a PRS received in a resource region preconfigured for positioning (S201). As described above, the preconfigured resource region may be a partial region of the resource pool configured for V2X communication or the dedicated resource pool separately configured for SL positioning). The UE measures the CBR based on positioning packet and/or a PRS received in a resource region, wherein the resource region may be a partial region of the resource pool for SL positioning; and
means (see transceiver 106 in fig. 15) for transmitting, to at least a second UE, one or more SL-PRS resources in the first RP-P, wherein transmission parameters of the one or more SL-PRS resources are based on the first CBR associated with the first RP-P (Baek et al. see fig. 12, steps 203 and 205; para. 0263, 0264; Next, the first UE may transmit a corresponding PRS to neighbor UEs according to scheduling information included in the positioning packet (S205). In para. 0264, …Alternatively, the first UE may determine a transmission parameter and/or a PRS pattern for the PRS based on the CBR (or the second CBR) similarly to the positioning packet. The first UE may transmit the PRS based on the determined transmission parameter and/or PRS pattern for the PRS.). Thus, the UE transmits SL-PRS to neighbor UEs based on the determined transmission parameter and/or PRS pattern based on the CBR.
Claims 1, 21, 30 are rejected similarly to claim 29.
Regarding claims 10, 27, Baek et al. discloses the feature wherein measuring the at least the first CBR comprises: measuring a CBR associated with at least each of the one or more RP-Ps to obtain one or more CBRs, including the first CBR (Baek et al. see fig. 12, step 201; para. 0181, 0253; a first UE, i.e., a positioning UE, may measure a CBR based on a positioning packet and/or a PRS received in a resource region preconfigured for positioning (S201). As described above, the preconfigured resource region may be a partial region of the resource pool configured for V2X communication or the dedicated resource pool separately configured for SL positioning). The UE measures the CBR based on positioning packet and/or a PRS received in a resource region, wherein the resource region may be a partial region of the resource pool for SL positioning.
Regarding claim 14, Baek et al. discloses the feature wherein a maximum number of CBRs to measure is a maximum number of CBRs for both resource pools for communication and RP-Ps or a maximum number of CBRs for RP-Ps only (Baek et al. see para. 0254; the preconfigured resource region may include a first resource region for the positioning packet and a second resource region for transmission of the PRS. In this case, the first UE may measure a first CBR for the first resource region and a second CBR for the second resource region). The UE measures maximum number of 2 CBRs (e.g., first CBR for first resource region and measures second CBR for second resource region) of the preconfigured resource region configured for SL positioning and communication.
Regarding claims 16, 28, Baek et al. discloses the feature wherein: measuring at least the first CBR comprises measuring a plurality of CBRs associated with the first RP-P, and each CBR of the plurality of CBRs is associated with a different SL-PRS configuration, a different frequency domain portion of the first RP-P, a different time domain portion of the first RP-P, or any combination thereof (Baek et al. see para. 0254, 0264; the preconfigured resource region may include a first resource region for the positioning packet and a second resource region for transmission of the PRS. In this case, the first UE may measure a first CBR for the first resource region and a second CBR for the second resource region. In para. 0264, Alternatively, the first UE may determine a transmission parameter and/or a PRS pattern for the PRS based on the CBR (or the second CBR) similarly to the positioning packet.). The UE measures 2 CBRs (e.g., first CBR for first resource region and measures second CBR for second resource region) of the preconfigured resource region (e.g., resource pool for positioning), wherein the first CBR is associated with first region for positioning packet and the second CBR is associated with second region for a different transmission parameter and/or PRS pattern.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The 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.
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.
Claim(s) 2, 3, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (Pub No.: 2023/0337171) in view of Wang et al. (Pub No.: 2024/0172167).
Regarding claims 2, 22, Baek et al. does not explicitly disclose the feature wherein the transmission parameters comprise: a number of symbols of the one or more SL-PRS resources, a comb-size of the one or more SL-PRS resources, a number of repetitions of the one or more SL-PRS resources within a slot, a number of repetitions of the one or more SL-PRS resources across slots, a periodicity of the one or more SL-PRS resources, a maximum bandwidth of the one or more SL-PRS resources, whether the one or more SL-PRS resources are for a single-sided or double-sided round-trip-time (RTT) positioning procedure, or any combination thereof.
Wang et al. from the same or similar fields of endeavor discloses the feature wherein the transmission parameters comprise: a number of symbols of the one or more SL-PRS resources, a comb-size of the one or more SL-PRS resources, a number of repetitions of the one or more SL-PRS resources within a slot, a number of repetitions of the one or more SL-PRS resources across slots, a periodicity of the one or more SL-PRS resources, a maximum bandwidth of the one or more SL-PRS resources, whether the one or more SL-PRS resources are for a single-sided or double-sided round-trip-time (RTT) positioning procedure, or any combination thereof (Wang et al. ‘167 see para. 0193-0214; Optionally, in this embodiment of this application, the first SL-PRS configuration information or the configuration parameter of the SL-PRS includes at least one of the following… an SL-PRS number of symbols).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Wang et al. wherein the transmission parameter comprises SL-PRS number of symbols.
The motivation would be to improve transmission reliability.
Regarding claim 3, Wang et al. discloses the feature wherein the transmission parameters are further based on a priority of the one or more SL-PRS resources (Wang et al. ‘167 see para. 0070-0073; [0070] The first parameter is used for transmitting the first SL-PRS. [0071] Optionally, in this embodiment of this application, the first parameter includes at least one of the following: [0072] at least one pre-configured resource pool used for transmitting the first SL-PRS and/or the target message; [0073] priority information of the SL-PRS).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Wang et al. wherein the transmission parameter includes priority information of the SL-PRS.
The motivation would be to improve transmission reliability.
Claim(s) 8, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (Pub No.: 2023/0337171) in view of Tang (Pub No.: 2020/0195371).
Regarding claims 8, 25, Baek et al. does not explicitly disclose the feature for receiving a configuration of a mapping of one or more sets of transmission parameters for SL-PRS resources to CBR configurations for the one or more RP-Ps.
Tang from the same or similar fields of endeavor discloses the feature for receiving a configuration of a mapping of one or more sets of transmission parameters for SL-PRS resources to CBR configurations for the one or more RP-Ps (Tang et al. see abstract; para. 0035; The terminal device acquires a first mapping relationship. The first mapping relationship indicates a mapping relationship among CBRs, priorities of services and second transmission parameters).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Tang et al. to receive configuration of mapping relationship among CBRs and transmission parameters.
The motivation would be to improve transmission efficiency.
Claim(s) 9, 20, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (Pub No.: 2023/0337171) in view of Zhao (Pub No.: 2023/0284245).
Regarding claims 9, 26, Baek et al. does not explicitly disclose the feature for receiving a configuration of a time window during which to measure at least the first CBR.
Zhao from the same or similar fields of endeavor discloses the feature for receiving a configuration of a time window during which to measure at least the first CBR (Zhao see para. 0140, 0141; sending the first terminal a measurement configuration parameter via downlink signaling, the measurement configuration parameter being used to indicate to the first terminal timing of the CBR measurement.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Zhao to receive configuration of timing of the CBR measurement.
The motivation would be to improve network resources.
Regarding claim 20, Zhao discloses the feature for receiving, from a network entity, a configuration to measure, report, or both at least the first CBR associated with the first RP-P (Zhao see para. 0140; the network device is a base station, and the method further includes: [0141] sending the first terminal a measurement configuration parameter via downlink signaling, the measurement configuration parameter being used to indicate to the first terminal timing of the CBR measurement.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Zhao to receive configuration from a network device, timing of CBR measurement.
The motivation would be to improve network resources.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (Pub No.: 2023/0337171) in view of Lee et al. (Pub No.: 2018/0332564).
Regarding claim 11, Baek et al. does not explicitly disclose the feature for ranking the one or more CBRs based on respective values of the one or more CBRs; and selecting the first RP-P based on the first CBR having a highest rank of the one or more CBRs.
Lee et al. from the same or similar fields of endeavor discloses the feature for ranking the one or more CBRs based on respective values of the one or more CBRs; and selecting the first RP-P based on the first CBR having a highest rank of the one or more CBRs (Lee et al. see para. 0193, 0249; a resource selection order among carriers may be (A) defined by a carrier priority described above which is preconfigured (/signaled) and/or (B) defined by the highest (/lowest) PPPP value of a V2X message transmitted on a carrier and/or (C) defined by a carrier index and/or (D) defined in a descending (/or ascending) order based on a CBR (/CR) measurement (and/or remaining transmission/resource use opportunity in comparison with CR-LIMIT) value,). Thus, the resource selection may be performed based on descending order (e.g., highest rank first) on a CBR measurement.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Lee et al. to rank CBRs and selects a resource based on descending order of the CBR ranking.
The motivation would be to decrease network congestion.
Claim(s) 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (Pub No.: 2023/0337171) in view of Lee et al. (Pub No.: 2018/0332564), as applied to claim 11 above, and further in view of Wang et al. (Pub No.: 2020/0045719) (‘719).
Regarding claim 12, Baek et al. in view of Lee et al. does not explicitly disclose the feature wherein the CBR associated with at least each of the one or more RP-Ps is measured and the one or more CBRs are ranked in each of a plurality of periodically repeating time intervals.
Wang et al. ‘719 from the same or similar fields of endeavor discloses the feature wherein the CBR associated with at least each of the one or more RP-Ps is measured and the one or more CBRs are ranked in each of a plurality of periodically repeating time intervals (Wang et al. ‘719 see para. 0049, assuming each resource pool within the resource selection window has a CR. For example, assuming the CR for the resource pool of the carrier CC1 is CR1, the CR for the resource pool of carrier CC2 is CR2, and the CR for the resource pool of the carrier CC3 is CR3, and CR2<CR1<CR3). The CBRs (e.g., CRs) associated with the resource selection window are ranking as CR2<CR1<CR3. Although Wang does not explicitly disclose a repeating resource selection window for CBRs ranking, however an official notice is taken that CBRs ranking in periodically repeated resource selection windows is well known in the art.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. in view of Lee et al. and to implement with the feature as taught by Wang et al. ‘719 to measure and rank CBRs in a resource selection window, and to rank the CBRs in periodically repeated resource selection windows.
The motivation would be to improve transmission reliability.
Regarding claim 13, Lee et al. discloses the feature wherein the first RP-P is selected based on the first CBR having the highest rank of the one or more CBRs in at least one time interval of the plurality of periodically repeating time intervals (Lee et al. see para. 0193, 0249; a resource selection order among carriers may be (A) defined by a carrier priority described above which is preconfigured (/signaled) and/or (B) defined by the highest (/lowest) PPPP value of a V2X message transmitted on a carrier and/or (C) defined by a carrier index and/or (D) defined in a descending (/or ascending) order based on a CBR (/CR) measurement (and/or remaining transmission/resource use opportunity in comparison with CR-LIMIT) value,). Thus, the resource selection may be performed based on descending order (e.g., highest rank first) on a CBR measurement.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. in view of Wang et al. ‘719 and to implement with the feature as taught by Lee et al. to select the resource based on the descending order (e.g., highest rank) on a CBR measurement in at least one time interval of a periodically repeated time intervals.
The motivation would be to improve transmission reliability.
Claim(s) 15, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (Pub No.: 2023/0337171) in view of Kim et al. (Pub No.: 2020/0359257).
Regarding claim 15, Baek et al. does not explicitly disclose the feature for transmitting, to at least the second UE, the one or more CBRs.
Kim et al. from the same or similar fields of endeavor discloses the feature for transmitting, to at least the second UE, the one or more CBRs (Kim et al. see para. 0117; The V2X communication apparatus receives a transmission packet (S9010). The transmission packet received by the V2X communication apparatus may include CBR sharing information.). The CBR sharing information is transmitted among stations.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Kim et al. for transmitting/sharing CBRs measurement with other stations.
The motivation would be to improve transmission throughput.
Regarding claim 17, Kim et al. discloses the feature for transmitting a measurement report including at least the first CBR, wherein the first CBR represents the plurality of CBRs (Kim et al. see para. 0006, 0007; the CBR information includes at least one of first CBR information measured by a V2X communication apparatus that has transmitted the CBR sharing information or second CBR information corresponding to a maximum value of CBR values received by the V2X communication apparatus that has transmitted the CBR sharing information.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Kim et al. for transmitting/sharing CBRs measurement (e.g., first and second information) with other stations.
The motivation would be to improve transmission throughput.
Regarding claim 18, Kim et al. discloses the feature wherein the first CBR comprises an average of the plurality of CBRs (Kim et al. see para. 0084; The CBR information may include a CBR representative value calculated using CBR values received from the surroundings. As an embodiment of the CBR representative value, an obtained maximum CBR value, average CBR value or the latest CBR value may be shared.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Kim et al. for transmitting/sharing CBRs measurement (e.g., average CBR value) with other stations.
The motivation would be to improve transmission resources.
Regarding claim 19, Baek et al. discloses the feature for transmitting, to at least the second UE, a measurement report including transmission times of the one or more SL-PRS resources (see abstract, para. 0256; measuring a channel busy ratio (CBR) in a resource area preconfigured to perform positioning; transmitting a positioning packet including scheduling information for a positioning reference signal (PRS); and transmitting the PRS to neighboring terminals on the basis of the scheduling information). Transmitting a position packet (e.g., report) including scheduling information for PRS.
However, Baek et al. does not explicitly disclose the feature wherein the measurement report including at least the first CBR.
Kim et al. from the same or similar fields of endeavor discloses the feature the measurement report including at least the first CBR (Kim et al. see para. 0006, 0007; the CBR information includes at least one of first CBR information measured by a V2X communication apparatus that has transmitted the CBR sharing information or second CBR information corresponding to a maximum value of CBR values received by the V2X communication apparatus that has transmitted the CBR sharing information.). The CBR sharing information is reported/shared among stations.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Baek et al. and to implement with the feature as taught by Kim et al. to transmit a measurement report including CBRs measurement to a second UE.
The motivation would be to improve network efficiency.
Allowable Subject Matter
Claims 4-7, 23, 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner's Note
The Applicant is welcome to request a telephonic interview if the Applicant has any questions or requires any additional information that would further or expedite the prosecution of the application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (Pub No.: 2021/0321370) discloses a method for transmitting, by a receiving terminal, a feedback signal to a transmitting terminal in a wireless communication system, the method comprising a step of: receiving, by the receiving terminal, a reference signal from the transmitting terminal; and transmitting, by the receiving terminal, the feedback signal for the reference signal to the transmitting terminal, wherein the feedback signal is transmitted on the basis of compensation for a phase change that occurs when the reference signal is received.
Hoang et al. (Pub No.: 2024/0056997) discloses a method performed by a first Wireless Transmit/Receive Unit (WTRU) may comprise requesting support from one or more potential assistant WTRUs (A-WTRUs); receiving a response message from one or more potential A-WTRUs, wherein the response message includes information indicating a coverage status within a network of the one or more potential A-WTRUs; determining, based on the received response messages, a set of A-WTRUs from the one or more potential A-WTRUs; determining, based on the coverage status of each one of the determined set of A-WTRUs, a synchronization source; and reporting, to the determined set of A-WTRUs, the determined synchronization source.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAN YUEN whose telephone number is (571)270-1413. The examiner can normally be reached Monday - Friday 10:30am-7pm.
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/KAN YUEN/Primary Examiner, Art Unit 2464