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 Objections
Claims 1-30 are objected to because of the following informalities: The claims recite the abbreviations DCI and HARQ without providing the definition of the abbreviations. 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the second receiving UE " in lines 9-10 and 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the second receiving UE " in lines 13-14 and 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation "the second receiving UE " in lines 11-12 and 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 30 recites the limitation "the second receiving UE " in lines 11 and 13. There is insufficient antecedent basis for this limitation in the claim.
As for claims 2-18 and 20-28 which claim dependency from claims 1 and 19, these claims are rejected under 112(b) per the rationale of claims 1 and 19.
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, 19, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US PGPUB US20210050953) in view of Ye et al (US PGPUB US20210250136).
Claim 1 discloses a method of wireless communication by a receiving user equipment (UE) in a network, comprising: receiving first DCI scheduling a transmission of first sidelink information; transmitting the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI; receiving first feedback information associated with the first sidelink information from the first receiving UE; receiving second DCI scheduling a transmission of second sidelink information; transmitting the second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI; receiving second feedback information associated with the second sidelink information from the second receiving UE; generating HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI; and transmitting the HARQ information. Park teaches receiving first DCI scheduling a transmission of first sidelink information (paragraph 149, figure 10), transmitting the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI (paragraph 149, multiple UEs), receiving first feedback information associated with the first sidelink information from the first receiving UE (paragraph 149 Rx UE), receiving second DCI scheduling a transmission of second sidelink information (paragraph 149, figure 10 multiple transmissions), transmitting the second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI (paragraph 149, multiple UEs); receiving second feedback information associated with the second sidelink information from the second receiving UE (paragraph 149,multiple RX UEs), and transmitting the HARQ information (paragraph 151, HARQ information transmitted). It fails to teach generating HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI. Ye et al teaches generating a HARQ codebook based on multiple timing indications (feedback).
Park and Ye et al are analogous art because they are both related to HARQ feedback transmissions.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to use the HARQ codebook in Ye et al with the system in Park because the system facilitates feedback to be provided to the network via the cell (Ye et al paragraph 2).
Claim 19 discloses a receiving user equipment (UE), comprising: a memory comprising instructions; a transceiver; and one or more processors operatively coupled with the memory and the transceiver, the one or more processors configured to execute instructions in the memory to: receive first DCI scheduling a transmission of first sidelink information; transmit the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI; receive first feedback information associated with the first sidelink information from the first receiving UE; receive second DCI scheduling a transmission of second sidelink information; transmit second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI; receive the second feedback information associated with the second sidelink information from the second receiving UE; generate HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI; and transmit the HARQ information. Park teaches receiving first DCI scheduling a transmission of first sidelink information (paragraph 149, figure 10), transmitting the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI (paragraph 149, multiple UEs), receiving first feedback information associated with the first sidelink information from the first receiving UE (paragraph 149 Rx UE), receiving second DCI scheduling a transmission of second sidelink information (paragraph 149, figure 10 multiple transmissions), transmitting the second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI (paragraph 149, multiple UEs); receiving second feedback information associated with the second sidelink information from the second receiving UE (paragraph 149,multiple RX UEs), and transmitting the HARQ information (paragraph 151, HARQ information transmitted). It fails to teach generating HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI. Ye et al teaches generating a HARQ codebook based on multiple timing indications (feedback).
Park and Ye et al are analogous art because they are both related to HARQ feedback transmissions.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to use the HARQ codebook in Ye et al with the system in Park because the system facilitates feedback to be provided to the network via the cell (Ye et al paragraph 2).
Claim 29 discloses a non-transitory computer readable medium having instructions stored therein that, when executed by one or more processors of a user equipment (UE), cause the one or more processors to: receive first DCI scheduling a transmission of first sidelink information; transmit the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI; receive first feedback information associated with the first sidelink information from the first receiving UE; receive second DCI second DCI scheduling a transmission of second sidelink information; transmit the second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI; receive second feedback information associated with the second sidelink information from the second receiving UE; generate HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI; and transmit the HARQ information. Park teaches receiving first DCI scheduling a transmission of first sidelink information (paragraph 149, figure 10), transmitting the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI (paragraph 149, multiple UEs), receiving first feedback information associated with the first sidelink information from the first receiving UE (paragraph 149 Rx UE), receiving second DCI scheduling a transmission of second sidelink information (paragraph 149, figure 10 multiple transmissions), transmitting the second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI (paragraph 149, multiple UEs); receiving second feedback information associated with the second sidelink information from the second receiving UE (paragraph 149,multiple RX UEs), and transmitting the HARQ information (paragraph 151, HARQ information transmitted). It fails to teach generating HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI. Ye et al teaches generating a HARQ codebook based on multiple timing indications (feedback).
Park and Ye et al are analogous art because they are both related to HARQ feedback transmissions.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to use the HARQ codebook in Ye et al with the system in Park because the system facilitates feedback to be provided to the network via the cell (Ye et al paragraph 2).
Claim 30 discloses A user equipment (UE), comprising: means for receiving first DCI scheduling a transmission of first sidelink information; means for transmitting the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI; means for receiving first feedback information associated with the first sidelink information from the first receiving UE; means for receiving second DCI scheduling a transmission of second sidelink information; means for transmitting the second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI; means for receiving second feedback information associated with the second sidelink information from the second receiving UE; means for generating HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI; and means for transmitting the HARQ information. Park teaches receiving first DCI scheduling a transmission of first sidelink information (paragraph 149, figure 10), transmitting the first sidelink information via a first sidelink channel to a first receiving UE based on the first DCI (paragraph 149, multiple UEs), receiving first feedback information associated with the first sidelink information from the first receiving UE (paragraph 149 Rx UE), receiving second DCI scheduling a transmission of second sidelink information (paragraph 149, figure 10 multiple transmissions), transmitting the second sidelink information via a second sidelink channel to the second receiving UE based on the second DCI (paragraph 149, multiple UEs); receiving second feedback information associated with the second sidelink information from the second receiving UE (paragraph 149,multiple RX UEs), and transmitting the HARQ information (paragraph 151, HARQ information transmitted). It fails to teach generating HARQ information associated with at least one of the first feedback information or the second feedback information based on the first DCI and the second DCI. Ye et al teaches generating a HARQ codebook based on multiple timing indications (feedback).
Park and Ye et al are analogous art because they are both related to HARQ feedback transmissions.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to use the HARQ codebook in Ye et al with the system in Park because the system facilitates feedback to be provided to the network via the cell (Ye et al paragraph 2).
Allowable Subject Matter
Claims 2-18 and 20-28 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al (US PGPUB US20210006318 teaches of sidelink communication. Zhou (US PGPUB US20220140958) teaches of feedback information transmissions.
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/BRIAN J. GILLIS/ Supervisory Patent Examiner, Art Unit 2446