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 .
DETAILED ACTION
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites A terminal comprising:
a receiver that receives, from a plurality of terminals, a plurality of pieces of information indicating at least one of a resource recommended in a resource pool and a resource not recommended in the resource pool;
a processor that selects a resource in the resource pool based on a recommended resource received from a transmission destination terminal and an unrecommended resource received from all terminals among the plurality of pieces of information; and
a transmitter that performs transmission using the selected resource, wherein the processor
selects information indicating a recommended resource received from a first terminal among the plurality of terminals when unicast is executed to the first terminal;
selects information indicating a recommended resource received from a second terminal among the plurality of terminals when groupcast is executed to the second terminal;
selects information indicating a recommended resource received from a third terminal among the plurality of terminals when broadcast is executed to the third terminal; and
selects a resource to be used for the unicast, the groupcast, or the broadcast from the resource pool based on the selected information indicating the recommended resource, and the transmitter performs the unicast to the first terminal, performs the groupcast to the second terminal, or performs the broadcast to the third terminal, by using the selected resource.
The specification is silent with respect to the emphasized portions of the limitations and therefore constitutes as new matter and rejected accordingly.
Claim 8 recites features similar to claim 7 and thus rejected for same reasonings as claim 7.
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 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.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20220046594 A1) hereinafter as Lee in view of He et al (US 20240080870 A1) hereinafter as He.
Regarding claim(s) 7-8, Lee discloses a terminal comprising:
a receiver that receives, from a plurality of terminals, a plurality of pieces of information indicating at least one of a resource recommended in a resource pool and a resource not recommended in the resource pool (See Fig(s). 1 with UE 130, See ¶ 107-111, sidelink communications amongst plurality of terminals based on transmission scheme);
a processor that selects a resource in the resource pool based on a recommended resource received from a transmission destination terminal and an unrecommended resource received from all terminals among the plurality of pieces of information (See ¶ 144, The resources that are not suitable may be referred to as ‘non-recommended resources’ or ‘non-preferred resources’. When the coordinating terminal is the receiving terminal or the coordinating terminal is selected from among terminals adjacent to the receiving terminal, the coordinating terminal may inform information on resources suitable for receiving sidelink data, and may inform information on resources that are not suitable for receiving sidelink data. The above-described information may be transmitted from the coordinating terminal to the transmitting terminal…. See also See ¶ 160).
Lee fails to disclose a transmitter that performs transmission using the selected resource, wherein the processor
selects information indicating a recommended resource received from a first terminal among the plurality of terminals when unicast is executed to the first terminal (;
selects information indicating a recommended resource received from a second terminal among the plurality of terminals when groupcast is executed to the second terminal;
selects information indicating a recommended resource received from a third terminal among the plurality of terminals when broadcast is executed to the third terminal; and
selects a resource to be used for the unicast, the groupcast, or the broadcast from the resource pool based on the selected information indicating the recommended resource, and the transmitter performs the unicast to the first terminal, performs the groupcast to the second terminal, or performs the broadcast to the third terminal, by using the selected resource.
He discloses a transmitter that performs transmission using the selected resource, wherein the processor
selects information indicating a recommended resource received from a first terminal among the plurality of terminals when unicast is executed to the first terminal (See Fig(s). 4-5See ¶ 24, For a transmitting terminal that adopts a groupcast or broadcast mode, the first terminal may determine whether the first terminal can serve as a collaborative terminal. If the first terminal can serve as a collaborative terminal, the first terminal sends collaborative information and recommends a proper resource set to the transmitting terminal, thereby reducing conflicts or interference between different resources and improving the reliability of the sidelink communication. The method is also applicable to a scenario where the transmitting terminal adopts a unicast communication manner) ;
selects information indicating a recommended resource received from a second terminal among the plurality of terminals when groupcast is executed to the second terminal (again See ¶ 24);
selects information indicating a recommended resource received from a third terminal among the plurality of terminals when broadcast is executed to the third terminal (See ¶ 24); and
selects a resource to be used for the unicast, the groupcast, or the broadcast from the resource pool based on the selected information indicating the recommended resource, and the transmitter performs the unicast to the first terminal, performs the groupcast to the second terminal, or performs the broadcast to the third terminal, by using the selected resource (See ¶ 24, For a transmitting terminal that adopts a groupcast or broadcast mode, the first terminal may determine whether the first terminal can serve as a collaborative terminal. If the first terminal can serve as a collaborative terminal, the first terminal sends collaborative information and recommends a proper resource set to the transmitting terminal, thereby reducing conflicts or interference between different resources and improving the reliability of the sidelink communication. The method is also applicable to a scenario where the transmitting terminal adopts a unicast communication manner).
Transmission of recommended resources for one or more terminals is appropriate based on available bandwidth distribution amongst secondary terminals for optimum communication services.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the teachings of He within Lee, to properly optimize bandwidth distribution/usage amongst users.
Response to Arguments
Applicant’s arguments with respect to new claim(s) 7-8 have been considered but are moot based on new grounds of rejection necessitated by Applicant’s amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAJ JAIN whose telephone number is (571)-272-3145. The examiner can normally be reached on M-Th 8-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached 571-272-2123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAJ JAIN/ Primary Examiner, Art Unit 2411
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