DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 1-5, 10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2023/0064488, Han hereafter), in view of Tseng et al. (US 2022/0346180, Provisional 63/178,458, Tseng hereafter) and further in view of Yang et al. (US 2005/0272426, Yang hereafter)
RE claims 1, 10, 12 and 13, Han discloses an operation method of a sidelink transmission (TX) user equipment (UE), a transmission (TX) user equipment (UE), processor for performing operations for a transmission (TX) user equipment (UE) and non-volatile computer-readable storage medium for storing at least one computer program including an instruction for causing at least one processor to perform operations for a transmission (TX) user equipment (UE) when being executed by the at least one processor (Figure 6), the operations comprising: establishing a PC5 connection with a reception (RX) UE by the TX UE (Paragraph 50 discloses: “in or after PC5-RRC signaling for radio configuration or capability message, UE2 can inform UE1 the sidelink DRX configuration request. The request from UE2 includes several different types of assistance information”. UE1 is the TX UE, UE2 is the RX UE. PC5-RRC signaling indicates a PC5 connection has been established between them to establish a sidelink communication); transmitting a first sidelink DRX configuration to the RX UE by the TX UE (Paragraph 54 discloses: “In step 102, UE1 checks the existing sidelink DRX configuration, or the initial sidelink DRX configuration, which may be broadcasted in the SIB to UE1, or transmitted in dedicate RRC signaling for UE1, or preconfigured as discussed above. Taking the assisting information from UE2, such as the traffic pattern, the Uu DRX configuration, UE2's capability, UE1 determines that the existing sidelink DRX configuration can satisfy the requirement from UE2, then UE1 sends the sidelink DRX configuration to UE2 in step 103.”).
Han does not explicitly disclose transmitting a measurement report to a source base station (BS) by the TX UE; receiving a handover command from the source BS by the TX UE; and performing a handover procedure by the TX UE, wherein the TX UE transmits a second sidelink DRX configuration to the RX UE based on completion of the handover procedure, and the second sidelink DRX configuration is configured by a target BS of the handover procedure.
However, Tseng teaches receiving a handover command from the source BS by the TX UE (Paragraph 218-219 teaches events performed during handover from a source cell toa target cell. Paragraph 219, teaches that “the target cell may provide the SL-DRX configuration to a UE in a handover command (e.g., via the relaying of the source cell after the source cell).” This is supported by page 22, condition#1 of Table 5 of the provisional); and performing a handover procedure by the TX UE, wherein the TX UE transmits a second sidelink DRX configuration to the RX UE based on completion of the handover procedure, and the second sidelink DRX configuration is configured by a target BS of the handover procedure (Paragraph 236, “the target cell/target base station may configure an NR sidelink radio configuration (which may include an updated SL-DRX configuration) to the UE in the handover command message to the source cell. Then, after receiving the handover command message from one or more target cell(s)/target base station(s) through inter-node signaling, the source cell/source base station may transmit an UE-specific DL control signaling (e.g., RRCReconfiguration message with an IE “conditional reconfiguration” (the “conditional handover” IE covers the RRCReconfiguration message associated with each candidate target cell(s) in a CondReconfigToAddModList) for the UE to trigger the conditional handover (CHO) procedure or conditional PCell change (CPC) procedure based on the associated condExecutionCond) to the UE.” The UE performs handover to the target cell/base station and receives an updated SL-DRX configuration configured by the target cell/base station via the source cell/base station. Support may be found at item 4 spanning pages 26-27 of the provisional of table 5 for Conditional Handover Procedure).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, UE, processor and non-volatile medium of Han with the teachings of Tseng in order to provide for SL-DRX configuration updates during instances of handover.
Han in view of Tseng does not explicitly disclose transmitting a measurement report to a source base station (BS) by the TX UE.
However, Yang teaches transmitting a measurement report to a source base station (BS) by the TX UE (Paragraph 6 teaches “the mobile terminal measures the wireless signal from an adjacent cell, mainly measuring power, distance, and voice quality since these three values determine the handover threshold, then compares the handover threshold thereof with a handover decision criterion established in the mobile terminal; if the handover threshold thereof exceeds the decision threshold, the mobile terminal reports the measurement report containing a handover request and measuring results to the network” This causes handover to a second base station with a prepared wireless link).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, UE, processor and non-volatile medium of Han in view of Tseng with the teachings of Yang since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 2, Han in view Tseng and further in view of Yang discloses the method of claim 1 as set forth above. Note that Tseng further teaches wherein the second sidelink DRX configuration is included in the handover command (Paragraph 218-219 teaches events performed during handover from a source cell to a target cell. Paragraph 219, teaches that “the target cell may provide the SL-DRX configuration to a UE in a handover command (e.g., via the relaying of the source cell after the source cell).” This is supported by page 22, condition#1 of Table 5 of the provisional.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, UE, processor and non-volatile medium of Han with the teachings of Tseng in order to provide for SL-DRX configuration updates during instances of handover.
RE claim 3, Han in view Tseng and further in view of Yang discloses the method of claim 1 as set forth above. Note that Tseng further teaches wherein the second SL DRX configuration is based on assistance information (Paragraph 219, page 22, condition#1 of Table 5 of the provisional, teaches “the handover request message may include the UE's assistance information about NR sidelink communication (e.g., the sidelink related UEAssistanceInformation which the UE has transmitted to the serving RAN/source cell and/or SL-DRX configuration which the source cell has configured to the UE with/without associated Layer-2 Destination UE ID(s))”. The target cell then provides the SL-DRX configuration in the handover command.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, UE, processor and non-volatile medium of Han with the teachings of Tseng in order to provide for SL-DRX configuration updates during instances of handover.
RE claim 4, Han in view Tseng and further in view of Yang discloses the method of claim 3 as set for the above. Han in view Tseng and further in view of Yang discloses the claimed invention except for wherein the TX UE requests assistance information from the RX UE based on the measurement report being triggered.
However, such an outcome is predictable outcome of the combination of Han in view of Tseng and further in view of Yang. Paragraph 219 of Tseng, page 22, condition#1 of Table 5 in the provisional, teaches “the handover request message may include the UE's assistance information about NR sidelink communication (e.g., the sidelink related UEAssistanceInformation which the UE has transmitted to the serving RAN/source cell and/or SL-DRX configuration which the source cell has configured to the UE with/without associated Layer-2 Destination UE ID(s)). As set forth above by the already cited portions of Han the assistance information has been provided to UE1 from UE2. Further, a handover request and a measurement report are one and the same. This combination predictably yields a system in which wherein the TX UE requests assistance information from the RX UE based on the measurement report being triggered as claimed.
Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results; absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d at 1518-19 (BPAI, 2007) (citing KSR, 127 S.Ct. at 1740, 82 USPQ2d at1396.
RE claim 5, Han in view Tseng and further in view of Yang discloses the method of claim 4 as set forth the above. Note that Tseng further teaches wherein the TX UE transmits the assistance information to the target BS (Paragraph 219, page 22, condition#1 of Table 5 of the provisional, teaches “the handover request message may include the UE's assistance information about NR sidelink communication (e.g., the sidelink related UEAssistanceInformation which the UE has transmitted to the serving RAN/source cell and/or SL-DRX configuration which the source cell has configured to the UE with/without associated Layer-2 Destination UE ID(s))”. The target cell then provides the SL-DRX configuration in the handover command.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method, UE, processor and non-volatile medium of Han with the teachings of Tseng in order to provide for SL-DRX configuration updates during instances of handover.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng in view of Han.
RE claim 6, Tseng discloses an operation method of a target base station (BS) in a wireless communication system, the operation method comprising: setting, by the target BS, a second sidelink DRX configuration; transmitting, by the target BS, a handover command to a transmission (TX) user equipment (UE) (Paragraph 218-219 teaches events performed during handover from a source cell to a target cell. Paragraph 219, teaches that “the target cell may provide the SL-DRX configuration to a UE in a handover command (e.g., via the relaying of the source cell after the source cell).” This is supported by page 22, condition#1 of Table 5 of the provisional.); wherein the second sidelink DRX configuration is transmitted to the RX UE based on completion of a handover procedure of the TX UE (Paragraph 236, “the target cell/target base station may configure an NR sidelink radio configuration (which may include an updated SL-DRX configuration) to the UE in the handover command message to the source cell. Then, after receiving the handover command message from one or more target cell(s)/target base station(s) through inter-node signaling, the source cell/source base station may transmit an UE-specific DL control signaling (e.g., RRCReconfiguration message with an IE “conditional reconfiguration” (the “conditional handover” IE covers the RRCReconfiguration message associated with each candidate target cell(s) in a CondReconfigToAddModList) for the UE to trigger the conditional handover (CHO) procedure or conditional PCell change (CPC) procedure based on the associated condExecutionCond) to the UE.” The UE performs handover to the target cell/base station and receives an updated SL-DRX configuration configured by the target cell/base station via the source cell/base station. Support may be found at item 4 spanning pages 26-27 of the provisional of table 5 for Conditional Handover Procedure)..
Tseng does not explicitly disclose the TX UE transmits a first sidelink DRX configuration to a reception (RX) UE after establishing a PC5 connection with a reception UE;
However, Han teaches a TX UE transmits a first sidelink DRX configuration to a reception (RX) UE after establishing a PC5 connection with a reception UE (Paragraph 50 discloses: “in or after PC5-RRC signaling for radio configuration or capability message, UE2 can inform UE1 the sidelink DRX configuration request. The request from UE2 includes several different types of assistance information”. UE1 is the TX UE, UE2 is the RX UE. PC5-RRC signaling indicates a PC5 connection has been established between them to establish a sidelink communication. Paragraph 54 further discloses: “In step 102, UE1 checks the existing sidelink DRX configuration, or the initial sidelink DRX configuration, which may be broadcasted in the SIB to UE1, or transmitted in dedicate RRC signaling for UE1, or preconfigured as discussed above. Taking the assisting information from UE2, such as the traffic pattern, the Uu DRX configuration, UE2's capability, UE1 determines that the existing sidelink DRX configuration can satisfy the requirement from UE2, then UE1 sends the sidelink DRX configuration to UE2 in step 103.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Tseng with the teachings of Han since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 7, Tseng in view Han discloses the method of claim 6 as set forth above. Note that Tseng further discloses wherein the second sidelink DRX configuration is included in the handover command (Paragraph 218-219 teaches events performed during handover from a source cell to a target cell. Paragraph 219, teaches that “the target cell may provide the SL-DRX configuration to a UE in a handover command (e.g., via the relaying of the source cell after the source cell).” This is supported by page 22, condition#1 of Table 5 of the provisional.).
RE claim 8, Tseng in view Han discloses the method of claim 6 as set forth above. Note that Tseng further discloses wherein the target BS receives assistance information of the RX UE from the TX UE (Paragraph 219, page 22, condition#1 of Table 5 of the provisional, teaches “the handover request message may include the UE's assistance information about NR sidelink communication (e.g., the sidelink related UEAssistanceInformation which the UE has transmitted to the serving RAN/source cell and/or SL-DRX configuration which the source cell has configured to the UE with/without associated Layer-2 Destination UE ID(s))”. The target cell then provides the SL-DRX configuration in the handover command.)
RE claim 9, Tseng in view Han discloses the method of claim 8 as set forth above. Note that Tseng further discloses wherein the target BS transmits an SL DRX configuration based on the assistance information to the TX UE (Paragraph 219, page 22, condition#1 of Table 5 of the provisional, teaches “the handover request message may include the UE's assistance information about NR sidelink communication (e.g., the sidelink related UEAssistanceInformation which the UE has transmitted to the serving RAN/source cell and/or SL-DRX configuration which the source cell has configured to the UE with/without associated Layer-2 Destination UE ID(s))”. The target cell then provides the SL-DRX configuration in the handover command.)
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Tseng, in view of Yang and further in view of Hong (US 2022/0346011).
RE claim 11, Han in view Tseng and further in view of Yang discloses the UE of claim 10 as set forth the above. Note that Han further discloses wherein the TX UE communicates with at least one of another UE, a base station (BS), or a network (Figure 2A. UE1 is mapped to the claimed TX UE. It is communication with BS 1 which can be mapped to either the claimed base station or “a network”. It further establishes a sidelink connection with UE2 which is mapped to the claimed RX UE).
Han in view of Tseng and further in view of Yang does not explicitly disclose wherein the TX UE communicates with a UE related to an autonomous driving vehicle.
However, Hong teaches wherein the TX UE communicates with a UE related to an autonomous driving vehicle (Paragraph 5 and 6 teach application of sidelink communication, such as V2X, to autonomous vehicles, Paragraph 159 further teaches “base station may provide discontinuous reception configuration information (DRX configuration information, hereinafter referred to below as SL-DRX-Config for convenience of description) for sidelink communication”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the UE of Han in view Tseng and further in view of Yang since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Conclusion
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/James P Duffy/ Primary Examiner, Art Unit 2461