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 OFFICE ACTION
This action is responsive to the communication received July 6th, 2026. Claims 1-28, 30, 37, 42, 47 have been canceled. Claims 29, 31-36, 38-41, 43-47 have been entered and are presented for examination.
Priority
Application 18/699,459 is a 371 of PCT/SE2022/050912 10/10/2022 and has US Provisional Application 63/262,499 10/14/2021.
Response to Arguments
Applicant argues “In Xue, the base station's role is limited to configuring a UE to act as a "COT sharing provider"-the base station does not itself obtain an indication that a UE requires SL transmission, initiate COT based on that indication, and then signal COT parameters to the peer UEs. Specifically, Xue states that "a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information).' See Xue, paragraph [0081]. This passage describes the base station configuring a single UE (the COT sharing provider) with COT sharing information-not the base station obtaining an indication of a UE's SL transmission need, initiating COT based on that indication, and signaling COT parameters directly to the peer UEs.”
“Xue further confirms that it is the UE-not the base station-that transmits the COT sharing indicator containing the COT parameters to other UEs. Xue explains that "UEs 115 configured as COT sharing providers may provide robustness over interference sources and provide signaling shelter to reduce interference from hidden nodes 205 (e.g., a Wi-Fi node) by providing COT sharing information via a COT sharing indicator 220 to other UEs 115."
The Examiner respectfully disagrees.
Applicant’s arguments are directed to a base station, however, Applicant’s claims do not mention a base station, but does mention a network node.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a base station) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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 non-obviousness.
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) 29, 31-36, 38-41, 43-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0039161) in view of Xue et al. (US 2021/0400732).
Regarding claims 29, 41, Zhang et al. discloses a method performed by a network node for handling a Side Link (SL) communication over an unlicensed spectrum (paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]), between one or more peers comprising at least a first User Equipment (UE) and a second UE in a wireless communications network (see Figure 3B paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication]), the method comprising: obtaining an indication that the first UE requires to transmit data to the second UE over an SL communication (paragraphs 0065, 0103 [A DG may provide a one-time grant of sidelink resources, such as responsive to instantaneous demand/need for sidelink communication.; A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]);; initiating, based on the obtained indication, a Channel Occupancy Time (COT) to be used for the SL communication, wherein the COT is a time period for performing SL communication using the unlicensed spectrum (paragraph 0103 [A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)); UEs may share a set of resources in unlicensed spectrum for sidelink communication. The set of resources may be resources in or during a COT. The COT may span multiple slots and include of a number of resource blocks in frequency]).
However, Zhang et al. discloses sharing information includes ED threshold that is provided by the UE (paragraph 0106), but does not explicitly disclose the network node performs signalling an indication of COT parameters to at least one of the one or more peers, enabling at least one of the one or more of the peers, to start the SL communication during the COT.
However, Xue et al. discloses the network node performs signalling an indication of COT parameters to at least one of the one or more peers, enabling at least one of the one or more of the peers, to start the SL communication during the COT (paragraph 0014-0015, 0080-0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold); In some aspects, a device in wireless communications system 200 (e.g., UEs 115-a, 115-b, 115-c or a node 205) may reserve an occupancy time for unlicensed channel access based on completing a successful LBT procedure. The device may check out a COT for channel access in order to transmit data, share the channel resources with another device, or both]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT.
Regarding claims 31, 43, the references as combined above disclose all the recited subject matter in claims 29, 41.
However, Xue et al. further discloses wherein the indication of COT parameters comprises an indication of a channel assessment procedure to use before communicating using the unlicensed spectrum during the COT (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT.
Regarding claim 32, the references as combined above disclose all the recited subject matter in claim 29.
However, Xue et al. further discloses wherein the channel assessment comprises any one out of: no Listen Before Talk (LBT), use LBT without a random back-off, LBT with random back-off using a contention window of fixed size, LBT with random back-off using a contention window of a variable size, and a defined sensing time before transmission and with a defined switching gap time (paragraph 0069 [Shared radio frequency channels may thus be acquired (e.g., via successful LBT procedures indicating the shared radio frequency channel is available) before transmission. LBT procedures may also be defined according to multiple categories. Examples of LBT categories include a category one LBT (Cat1 LBT), a category two LBT (Cat2 LBT), a category three LBT (Cat3 LBT), and a category four LBT (Cat4 LBT). A Cat1 LBT may include no LBT. A Cat2 LBT may include channel sensing but without a backoff time (e.g., a pseudo-random backoff, or the like) if the channel is busy. A Cat3 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a fixed size contention window. A Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize when the base station is attempting to initiate the COT to use a Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window. The motivation for this is to provide a better chance at reserving the channel.
Regarding claim 33, the references as combined above disclose all the recited subject matter in claim 29.
However, Xue et al. further discloses wherein the indication of the COT parameters comprises an indication of any one or more out of: an LBT category indicating how to perform for channel assessment, Load Based Equipment (LBE) channel access parameters, Frame Based Equipment (FBE) channel access parameters, a FBE COT length, a switch between channel access mode of the COT, an indication of which node initiated the COT, information about CP extension, and an Energy Detection (ED) threshold (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT.
Regarding claims 34, 44, Zhang et al. discloses a method performed by a first User Equipment (UE) or a second UE for handling a Side Link (SL) communication over an unlicensed spectrum (paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]), between one or more peers comprising at least the first UE and the second UE in a wireless communications network (see Figure 3B paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication]), the method comprising: transmitting, to a network node, an indication that the first UE or the second UE requires to transmit data over an SL communication (paragraphs 0065, 0103 [A DG may provide a one-time grant of sidelink resources, such as responsive to instantaneous demand/need for sidelink communication.; A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]); wherein the COT is a time period for performing SL communication using the unlicensed spectrum paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]), and starting the SL communication during the COT paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]).
Zhang et al. does not explicitly disclose receiving, from the network node and in response to the transmitted indication, an indication of Channel Occupancy Time (COT) parameters, and starting the SL communication during the COT based on the access information indicated by the indication of COT parameters.
However, Xue et al. discloses receiving an indication of Channel Occupancy Time (COT) parameters (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]); , and starting the SL communication during the COT based on the access information indicated by the indication of COT parameters (paragraphs 0079-0080 [sidelink data; The device may check out a COT for channel access in order to transmit data]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT between the UEs.
Regarding claims 35, 45, the references as combined above disclose all the recited subject matter in claims 34, 44.
However, Xue et al. further discloses based on the COT parameters, determining how to perform SL communication using the unlicensed spectrum during the COT (paragraph 0085 [[0085] Additionally or alternatively, the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure. In some aspects, a COT sharing indicator 220 may indicate a cyclic prefix (CP) extension, a CAPC, or a slot, resource, or sub-channel in which a UE 115 may conduct the indicated LBT procedure (e.g., one-shot LBT]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the UEs will transmit based on the sharing indicator information to avoid interference.
Regarding claims 36, 46, the references as combined above disclose all the recited subject matter in claims 35, 45.
However, Xue et al. further discloses wherein determining how to perform SL communication using the unlicensed spectrum during the COT, comprises determining a channel assessment procedure to use before communicating using the unlicensed spectrum during the COT (paragraph 0069 [Shared radio frequency channels may thus be acquired (e.g., via successful LBT procedures indicating the shared radio frequency channel is available) before transmission. LBT procedures may also be defined according to multiple categories. Examples of LBT categories include a category one LBT (Cat1 LBT), a category two LBT (Cat2 LBT), a category three LBT (Cat3 LBT), and a category four LBT (Cat4 LBT). A Cat1 LBT may include no LBT. A Cat2 LBT may include channel sensing but without a backoff time (e.g., a pseudo-random backoff, or the like) if the channel is busy. A Cat3 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a fixed size contention window. A Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize when the UEs are attempting to transmit using the COT to use a Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window. The motivation for this is to provide a better chance at reserving the channel.
Regarding claim 38, the references as combined above disclose all the recited subject matter in claim 34.
However, Xue et al. further discloses wherein the indication of COT parameters comprises an indication of a channel assessment procedure to use before communicating using the unlicensed spectrum during the COT (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT.
Regarding claim 39, the references as combined above disclose all the recited subject matter in claim 38.
However, Xue et al. further discloses wherein the channel assessment comprises any one out of: no Listen Before Talk (LBT), use LBT without a random back-off, LBT with random back-off using a contention window of fixed size, LBT with random back-off using a contention window of a variable size, and a defined sensing time before transmission and with a defined switching gap time (paragraph 0069 [Shared radio frequency channels may thus be acquired (e.g., via successful LBT procedures indicating the shared radio frequency channel is available) before transmission. LBT procedures may also be defined according to multiple categories. Examples of LBT categories include a category one LBT (Cat1 LBT), a category two LBT (Cat2 LBT), a category three LBT (Cat3 LBT), and a category four LBT (Cat4 LBT). A Cat1 LBT may include no LBT. A Cat2 LBT may include channel sensing but without a backoff time (e.g., a pseudo-random backoff, or the like) if the channel is busy. A Cat3 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a fixed size contention window. A Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize when the base station is attempting to initiate the COT to use a Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window. The motivation for this is to provide a better chance at reserving the channel.
Regarding claim 40, the references as combined above disclose all the recited subject matter in claim 34.
However, Xue et al. further discloses wherein the indication of the COT parameters comprises an indication of any one or more out of: an LBT category indicating how to perform for channel assessment, Load Based Equipment (LBE) channel access parameters, Frame Based Equipment (FBE) channel access parameters, a FBE COT length, a switch between channel access mode of the COT, an indication of which node initiated the COT, information about CP extension, and an Energy Detection (ED) threshold (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT.
Conclusion
THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER T WYLLIE whose telephone number is (571)270-3937. The examiner can normally be reached 4pm-11:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman Abaza can be reached at (571)270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465
