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 § 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 14-24 and 28-30 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cao, et al. (US Pre Grant Publication No. 2021/0105104).
Regarding claims 14 and 28, Cao discloses a method for wireless communication at a second user equipment (UE), comprising and an apparatus for wireless communication at a second user equipment (UE), comprising a processor memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to (paragraphs 0333-0334):
Receiving/receivee, a first message indicating a reservation for one or more remaining sidelink resources and a resource utilization probability vector for the one or more remaining sidelink resources; (The system of Cao discloses that a second UE performs sensing during a candidate/sensing window to identify remaining resource(s) for transmission by receiving SCI/first messages from other UEs [paragraph 0080-0081]. The second UE may determine potential collisions based on remaining SCI from other UEs transmissions and may consider a priority coefficient/likelihood of use/release/utilization vector in a received SCI when determining if the remaining resource is available for use [paragraph 0086, 0184, 0186, 0253]. If the second UE determines that a resource has below an acceptable threshold of probability of use, the second UE may select a resource for transmission [paragraphs 0253-00257].)
Selecting/select a first sidelink resource of the one or more remaining sidelink resources or a second sidelink resource for transmitting a sidelink message based at least in part on the resource utilization probability vector; and (UE may choose between multiple possible remaining sidelink resources [i.e. a first and second sidelink resource among the remaining resources] based on the utilization probability by excluding remaining sidelink resources based on a priority/possibility of use level [paragraph 0202].)
Transmitting/transmit the sidelink message in the selected sidelink resource (paragraphs 0192-0193).
Regarding claims 15 and 29, Cao discloses receiving a second message via the first sidelink resource of the one or more remaining sidelink resources based at least in part on the first message. (As discussed in the independent claim, supra the UE may select the first sidelink resource based on a probability of not receiving a message from the another UE on the resource [i.e. a second message] in the case, that the probability does happen, the first UE will receive the message [for example, if the first message relates to a retransmission, the retrasmission may occur and pre-empt the transmission at the second UE] [paragraphs 0252-0253].)
Regarding claims 16 and 30, Cao discloses receiving, from a base station, a configuration message indicating a number of sidelink resources to reserve and a periodicity for the number of sidelink resources and transmitting, via the first sidelink resource, the first message indicating the number of sidelink resources and the periodicity. (Cao discloses the base station configures the UE with the number of resources and periodicity via a RRC configured grant [paragraph 0009, 0016, 0276, claims 5 and 7]. The reservation is performed as discussed in the independent claim and combination with Sartori in the independent claim, supra).
Regarding claim 17, Cao discloses determining one or more parameters from an available parameter pool based at least in part on failing to receive a configuration message from a base station; and transmitting, via the first sidelink resource, the first message indicating the one or more parameters. (Cao discloses that in mode 2 operation (i.e. a mode in which the base station will not transmit a RRC configuration message configuring the UE with a configured grant as was the case in mode 1 operation), the UE self-selects parameters for transmission from preconfigured pools or resources within the preconfigured pools [paragraph 0037].)
Regarding claim 18, Cao discloses selecting the first sidelink resource based at least in part on a resource utilization probability of the resource utilization probability vector for the first sidelink resource failing to satisfy a resource utilization probability threshold (A first resource failing (i.e. below) the utilization threshold is selected and a second which does not fail (i.e. is above the utilization threshold is not selected [paragraphs 0293-0299 – disclosing a threshold for utilization].)
Regarding claim 19, Cao discloses selecting the second sidelink resource that differs from the first sidelink resource based at least in part on a resource utilization probability of the resource utilization probability vector for the first sidelink resource satisfying a resource utilization probability threshold (A first resource failing (i.e. below) the utilization threshold is selected and a second which does not fail (i.e. is above the utilization threshold is not selected [paragraphs 0293-0299 – disclosing a threshold for utilization in resource selection].)
Regarding claim 20, Cao discloses receiving the first message comprises receiving the first message indicating the reservation that identifies a time period, a time slot, a frequency band, a sub-channel, a bandwidth part, or any combination thereof. (paragraphs 0118-0119, 0121 – periodicity and current and future resources [i.e. number of resources] indicated.)
Regarding claim 21, Cao discloses a receiving the first message comprises: receiving sidelink control information indicating the resource utilization probability vector for the one or more remaining sidelink resources (Cao discloses the reservation may include time periods/slots, subchannels, etc [paragraphs 0073, 0153, 0160, 0162].)
Regarding claim 22, Cao discloses receiving the first message comprises: receiving sidelink control information indicating the resource utilization probability vector for the one or more remaining sidelink resources (The transmitted reservation type 1(a) may indicate priority, which is linked to a utilization probability of the remaining resources of the periodic reservation, which matches the first [paragraph 0253 – priorities linked to a particular probability; 0256 – priorities included in SCI transmitted as reservation;])
Regarding claim 24, Cao discloses selecting, from a plurality of resource utilization probability thresholds, the resource utilization probability threshold, wherein the selection is random or according to a threshold selection rule (Cao discloses that the UE may be configured with a plurality of thresholds used for determining available resources based on utilization probabilities and message priority, and may select an appropriate threshold based on a rule indicating the threshold for particular priorities [paragraphs 0293-0299 -threshold value selection from a table based on priority type; 0291 – table thresholds are configured to the UE, but no indication of what device performs the configuration; 0245 – thresholds based on probability of use].)
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.
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.
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.
Claim(s) 1-13 and 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao, et al. (US Pre Grant Publication No. 2021/0105104) in view of Sartori, et al. (US Pre Grant Publication No. 2022/0232528 A1; note also PCT/US2020/054133, attached, with identical disclosure).
Regarding claims 1 and 25, Cao discloses a method for wireless communication at a first user equipment (UE), comprising and an apparatus for wireless communication at a first user equipment (UE), comprising a processor memory coupled with the processor and instructions stored in the memory and executable by the processor to cause the apparatus to (paragraphs 0333-0334):
Performing/perform a sensing procedure during a sensing window to identify that a first sidelink resource is available; (The system of Cao discloses that a first UE performs sensing during a candidate/sensing window to identify appropriate resources for transmission [paragraph 0080-0081].)
Selecting/select, based at least in part on the sensing procedure, the first sidelink resource for transmitting a first message and one or more remaining sidelink resources for transmitting one or more additional messages that each differ from the first message; and (The first UE may determine potential collisions based on receiving SCI from other UEs transmissions and may consider a priority coefficient/likelihood of use/release/utilization vector in a received SCI when determining if the resource is available for use [paragraph 0086, 0184, 0186, 0253]. If the UE determines that a resource has below an acceptable threshold of probability of use, the UE may select a resources for transmission [paragraphs 0253-00257]. In the case of a long-term resource selection, the UE selects a resource for a first message (first TB) and one or more additional messages/second TB based on the probabilities of use [paragraphs 0134-0135, 0259-0261].)
Transmitting/transmit a reservation for the one or more remaining sidelink resources and a resource utilization probability vector for the one or more remaining sidelink resources. (Interpretation note: normally the term “vector”, mathematically speaking, includes a magnitude and direction and cannot be represented by a single value or range of values. However, Applicant’s specification does not use the term “vector” in this sense and indicates that a vector can be a numeric indication of the probability of use [see Applicant’s PGPUB 2025/0081211 A1 - paragraph 0098 – resource utilization probability vector may be 0.9 – indicating a 90% probability of use]. Therefore, the term “vector” here is being interpreted to as any indication of a probability of use, which maps to the priorities of Cao, which each indicate a numeric probability of use/release [paragraph 0253]. Once the first UE of Cao has determined an available resource based on the SCI reception for a resource and associated probability of use, the UE makes a reservation for a transmission [see, for example, fig. 2, UE 3 detects reservations for UE1 and UE2, selects resource and sends a reservation, paragraphs 0264-0265][see also paragraphs 0196 – sensing; paragraphs 0253-00257 – details of selection in the face of use probability discussed in (a), supra; 0259-0261- reservation transmission]. The transmitted reservation type 1(a) may indicate priority, which is linked to a utilization probability of the remaining resources of the periodic reservation [paragraph 0253 – priorities linked to a particular probability; 0256 – priorities included in SCI transmitted as reservation;].)
Cao fails to disclose transmitting, via the first sidelink resource, the first message. (i.e. Cao does not specify that the reservation/first message may be sent in the first message as a part of the second SCI that is a part of the data transmission). In the same field of endeavor, Sartori discloses transmitting, via the first sidelink resource, the first message (Sartori discloses the second stage SCI may contain a reservation and is sent with the data transmission, as it is used to decode the PSSCH and may clso contain a priority [paragraphs 0060=0061].)
Therefore, since Cao discloses reservations in a second stage SCI sent with a data transmission/first message, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to include the second stage SCI of Sartori with the system of Cao by including reservation information, including the priority/probability of utilization in the second stage SCI that is a part of the first message/data transmission. The motive to combine is to reduce the size of the first stage SCI to reduce overhead caused by repetition and coding rates of the of the first SCI.
Regarding claims 2 and 26, Cao discloses transmitting a second message the second message comprising a reservation for one or more additional sidelink resources and a second resource utilization probability vector for the one or more additional sidelink resources. (Cao discloses multiple reservations may be made in the window [see fig. 2, UE1 sends two reservations at different times in the sensing window; see also 0276 – TFRP/resource selection may be performed at least once within the selection window, indicating that multiple resource selections of a UE may fall within a single window].)
Cao fails to disclose a second message transmitted via a second sidelink resource of the one or more remaining sidelink resources. In the same field of endeavor, Sartori discloses a second message transmitted via a second sidelink resource of the one or more remaining sidelink resources (Sartori discloses the second stage SCI may contain a reservation and is sent with the data transmission, as it is used to decode the PSSCH and may clso contain a priority [paragraphs 0060-0061].)
Therefore, since Cao discloses reservations in a second stage SCI sent with a data transmission/first message, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to include the second stage SCI of Sartori with the system of Cao by including reservation information, including the priority/probability of utilization in the second stage SCI that is a part of the first message/data transmission. The motive to combine is to reduce the size of the first stage SCI to reduce overhead caused by repetition and coding rates of the of the first SCI.
Regarding claims 3 and 27, Cao discloses receiving, from a base station, a configuration message indicating a number of sidelink resources to reserve and a periodicity for the number of sidelink resources and transmitting, via the first sidelink resource, the first message indicating the number of sidelink resources and the periodicity. (Cao discloses the base station configures the UE with the number of resources and periodicity via a RRC configured grant [paragraph 0009, 0016, 0276, claims 5 and 7]. The reservation is performed as discussed in the independent claim and combination with Sartori in the independent claim, supra).
Regarding claim 4, Cao discloses determining one or more parameters from an available parameter pool based at least in part on failing to receive a configuration message from a base station; and transmitting, via the first sidelink resource, the first message indicating the one or more parameters. (Cao discloses that in mode 2 operation (i.e. a mode in which the base station will not transmit a RRC configuration message configuring the UE with a configured grant as was the case in mode 1 operation), the UE self-selects parameters for transmission from preconfigured pools or resources within the preconfigured pools [paragraph 0037].)
Regarding claim 5, Cao discloses transmitting the first message comprises: transmitting, via the first sidelink resource, the first message indicating a number of resources being reserved and a periodicity of the reserved resources (paragraph 0068 – reservation include periodicity and number of resources; see also the independent claim, supra, the reservation, is included in the first message per the combination with Sartori.)
Regarding claim 6, Cao discloses in mode 2 the UE may autonomously select resources and parameters for transmission (Cao discloses that in mode 2 operation, the UE self-selects parameters for transmission from preconfigured pools or resources within the preconfigured pools [paragraph 0037].)
Cao fails to disclose that the parameters selected could include a randomly selected periodicity for the transmission. In the same field of endeavor, Sartori discloses the parameters selected could include a randomly selected periodicity for the transmission. (Sartori discloses the UE may choose randomly the periodicity based on monitored available V2P transmission patterns when it needs to perform a V2P transmission [paragraphs 0071-0072; note that even in these non-sensing V2P transmission pools, non-public safety UEs perform normal reservation and monitoring [paragraph 0074].)
Therefore, since Sartori discloses randomized V2P transmission, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to further include V2P transmission as a part of the UE transmission schemes by selecting a random pattern for transmission in accordance with the method of Cao based on monitoring of the patterns of V2V and V2P reservations/transmission and selecting an available V2P pattern and periodicity for transmission when needed. The motive to combine is to allow transmission on public safety related V2P pools to improve safety related signaling.
Regarding claim 7, Cao as modified by Sartori in the independent claim discloses transmitting the first message comprises transmitting, via the first sidelink resource, the first message indicating the reservation that identifies a time period, a time slot, a frequency band, a sub-channel, a bandwidth part, or any combination thereof (Cao discloses the reservation may include time periods/slots, subchannels, etc [paragraphs 0073, 0153, 0160, 0162]. This is combined with the first message in the combination with Sartori as discussed in the independent claim, surpa.)
Regarding claim 8, Cao as modified by Sartori in the independent claim discloses transmitting the first message comprises transmitting, via the first sidelink resource, the first message indicating the reservation that identifies a time period, a time slot, a frequency band, a sub-channel, a bandwidth part, or any combination thereof (Cao as modified by Sartori disclose that the SCI with remaining resource priority/utilization priority is sent as a part of the second stage SCI [see independent claim, supra – remaining resource priority is taught by Cao and inclusion in the second stage SCI by Sartori].)
Regarding claim 9, Cao discloses receiving a negative acknowledgement for the first message; and transmitting, via an additional sidelink resource, an additional message based at least in part on the negative acknowledgement, wherein the additional message is a retransmission of the first message. (Cao discloses performing an additional reservation when a NACK is received for additional transmission of the first message [paragraph 0079, 0343]. Sartori, as discussed in the independent claim and combined with Cao, will send the retransmission also using the second SCI as a part of the combination with Cao in which reservations are sent using the second SCI, which in this case would be a part of the second SCI of the additional sidelink resource).
Regarding claim 10, Cao discloses identifying data available to transmit during the one or more remaining sidelink resources and estimating a resource utilization probability for each of the one or more remaining sidelink resources based at least in part on the identifying. (Cao discloses multiple reservations may be made in the window [see fig. 2, UE1 sends two reservations at different times in the sensing window; see also 0276 – TFRP/resource selection may be performed at least once within the selection window, indicating that multiple resource selections of a UE may fall within a single window]. Each additional transmission goes through the same process as the first including assessing the resource utilization probability or remaining resources as discussed in the independent claim, supra [paragraphs 0253-00267].)
Regarding claim 11, Cao discloses receiving, from a second UE during the sensing window, a reservation message indicating a second reservation for a second sidelink resource of the one or more remaining sidelink resources and a second resource utilization probability vector and transmitting, during the first sidelink resource, the first message indicating the reservation for the second sidelink resource of the one or more remaining sidelink resources based at least in part on a resource utilization probability indicated in the second resource utilization probability vector for the second sidelink resource failing to satisfy a resource utilization probability threshold. (As discussed in the independent claim, sections (b) and (c) supra, the UE may receive reservations from other UEs in the sensing period [i.e. a second reservation] containing a priority/utilization probability/probability vector and will select a resource with a priority/utilization probability below a threshold priority/utilization probability/probability vector [paragraphs 0253-00261].)
Regarding claim 12, Cao discloses receiving, from a base station, a configuration message indicating the resource utilization probability threshold. (Cao discloses that the UE may be configured with a plurality of thresholds used for determining available resources based on utilization probabilities and message priority, and may select an appropriate threshold based on a rule indicating the threshold for particular priorities [paragraphs 0293-0299 -threshold value selection from a table based on priority type; 0291 – table thresholds are configured to the UE, but no indication of what device performs the configuration; 0245 – thresholds based on probability of use]. The configuration message may be the higher layer message sent to the UE from the base station configuring the priority values to use [paragraphs 0258- higher layer parameter configured to the UE].)
Regarding claim 13, Cao discloses selecting, from a plurality of resource utilization probability thresholds, the resource utilization probability threshold, wherein the selection is random or according to a threshold selection rule (Cao discloses that the UE may be configured with a plurality of thresholds used for determining available resources based on utilization probabilities and message priority, and may select an appropriate threshold based on a rule indicating the threshold for particular priorities [paragraphs 0293-0299 -threshold value selection from a table based on priority type; 0291 – table thresholds are configured to the UE, but no indication of what device performs the configuration; 0245 – thresholds based on probability of use].)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vassilovski, et al. (US Pre Grant Publication No. 2026/0075623) – disclosing sidelink communications considering utilization
Sashihara, et al. (US Pre Grant Publication No. 2009/0135776) – disclosing reservations based on resource use probability
R1-2110962 (Author Unknown, Inter-UE coordination for Mode 2 enhancements, Doc. No. R1-2110962, pages 1-33, 11 November 2021) – disclosing preferred and non-preferred (i.e. high collision probability) resources for UE coordination
R1-2110845 (Author Unknown, Inter-UE coordination in sidelink resource allocation, Doc. No. R1-2110845, pages 1-32, 11 November 2021) – disclosing preferred and non-preferred (i.e. high collision probability) resources for UE coordination
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M CRUTCHFIELD whose telephone number is (571)270-3989. The examiner can normally be reached 9am-5pm M-F.
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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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/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
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