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 .
Response to Arguments
Applicant's arguments filed June 1, 2026 have been fully considered but they are not persuasive.
Regarding Applicants’ assertion on page 13 of Applicants’ remarks-Further, with regard to the above-referenced limitation (i) of amended independent claim 7, the Examiner states that in paragraph [0026] of Nguyen "there is a determination of an RSRP threshold thus there will be RSRP threshold information." Applicant respectfully disagrees that paragraph [0026] of Nguyen teaches limitation (i). Specifically, the referenced paragraph merely mentions an RSRP threshold, but does not describe determining a threshold value, based on a priority in the first RAT and a priority in the second RAT. The Examiner appears to recognize that Nguyen does not actually teach a threshold value, because the Examiner extrapolates, stating: "there will be RSRP threshold information." However, Applicant respectfully asserts that this is an assumption made by the Examiner and not actually taught in the Nguyen reference. Yet further, limitation (i) requires that the threshold value is being determined based on a priority in the first RAT and a priority in the second RAT. In contrast, Nguyen remains entirely silent with respect to determining a threshold value based on a priority in the first RAT and a priority in the second RAT. Therefore, Nguyen does not teach the above-referenced limitation (i) of amended independent claim 7. Moreover, the above-referenced limitation (ii) of amended independent claim 7 recites a similar limitation, and is consequently also not taught for the same reasons. Specifically, Nguyen remains completely silent with respect to determining the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information. For the reasons discussed above, none of Guo, He, and Nguyen teaches the required limitations of amended independent claim 7.-Examiner respectfully disagrees, while an “threshold value” is not explicitly stated in Section 0026 of Nguyen, a RSRP threshold is taught in Section 0026 of Nguyen. An RSRP threshold will comprise some kind of value that represents said threshold. The RSRP threshold of Nguyen is associated with RSRP priority and said RSRP priority is associated with the first RAT and the second RAT in order to determine whether to exclude resources (See Section 0026 of Nguyen). He, as detailed in the Office Action dated March 11, 2026, teaches where RSRP that is measured based on the received SCI is higher than the threshold value (Section 0294). The combination of He and Nguyen teaches wherein the receiver receives, from a network, threshold information for determining a threshold value, based on a priority in the first RAT and a priority in the second RAT, the processor determines the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information, and the processor excludes the candidate resource from the candidate resource set in a case where RSRP that is measured based on the received SCI is higher than the threshold value.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
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.
Claim(s) 7, 9 – 11, 13 – 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 2020/0029318) in view of He et al. (US 2020/0029340) in view of Nguyen et al. (US 2022/0086700).
Regarding Claim 7, Guo teaches a terminal comprising: a processor configured to determine a candidate resource set including a plurality of candidate resources for sidelink transmission in a first RAT (Radio Access Technology) (Section 0486, resource set for LTE sidelink transmission); and a receiver configured to receive sidelink control information (SCI) indicating a resource reservation (Section 0365) in a second RAT that is different from the first RAT (Section 0486, resource set for NR sidelink transmission), wherein the processor determines a resource in the second RAT, based on the SCI (Sections 0365, 0486, renders a scenario wherein the control unit determines a sidelink resource for the LTE sidelink based on the SCI), and a candidate resource that is associated with a physical sidelink feedback channel (PSFCH) resource (Section 0254).
Guo does not teach the processor excludes, from the candidate resource set, a candidate resource that is associated with a physical sidelink feedback channel (PSFCH) resource that overlaps with at least a part of the determined resource, wherein the receiver receives, from a network, threshold information for determining a threshold value, based on a priority in the first RAT and a priority in the second RAT, the processor determines the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information, and the processor excludes the candidate resource from the candidate resource set in a case where RSRP that is measured based on the received SCI is higher than the threshold value.
He, which also teaches sidelink communications, teaches processor excludes, from the candidate resource set, a candidate resource that overlaps with at least a part of the determined resource (Section 0294), where the RSRP is measured based on the received SCI is higher than the threshold value (Section 0294)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo with the above features of He for the purpose of enhancing performance by reducing collisions as taught by He.
Guo in view of He does not teach wherein the receiver receives, from a network, threshold information for determining a threshold value, based on a priority in the first RAT and a priority in the second RAT, the processor determines the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information, and the processor excludes the candidate resource from the candidate resource set in a case where RSRP that is measured based on the received SCI is higher than the threshold value.
Nguyen, which also teaches the use of sidelink communications, teaches wherein the receiver receives, from a network, threshold information for determining a threshold value, based on a priority in the first RAT and a priority in the second RAT (Section 0026, there is a determination of an RSRP threshold thus there will be RSRP threshold information), the processor determines the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information (Section 0026), and the processor excludes the candidate resource from the candidate resource set in a case where RSRP that is measured based on the received SCI is higher than the threshold value (Section 0026).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo in view of He with the above features of Nguyen for the purpose of providing improved user experience and fairness based on priority as taught by Nguyen.
Regarding Claim 15, Guo teaches a communication method performed by a terminal, the communication method comprising: determining a candidate resource set including a plurality of candidate resources for sidelink transmission in a first RAT (Radio Access Technology) (Section 0486, resource set for LTE sidelink transmission); receiving sidelink control information (SCI) indicating a resource reservation (Section 0365) in a second RAT that is different from the first RAT (Section 0486, resource set for NR sidelink transmission); determining a resource in the second RAT, based on the SCI (Sections 0365, 0486, renders a scenario wherein the control unit determines a sidelink resource for the LTE sidelink based on the SCI); and a candidate resource that is associated with a physical sidelink feedback channel (PSFCH) resource (Section 0254).
Guo does not teach excluding, from the candidate resource set, a candidate resource that is associated with a physical sidelink feedback channel (PSFCH) resource that overlaps with at least a part of the determined resource, receiving, from a network, threshold information for determining a threshold value, based on a priority in the first RAT and a priority in the second RAT, determining the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information, and excluding the candidate resource from the candidate resource set in a case where RSRP that is measured based on the received SCI is higher than the threshold value.
He, which also teaches sidelink communications, teaches control unit excludes, from the candidate resource set, a candidate resource that overlaps with at least a part of the determined resource (Section 0294), where the RSRP is measured based on the received SCI is higher than the threshold value (Section 0294).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo with the above features of He for the purpose of enhancing performance by reducing collisions as taught by He.
Guo in view of He does not teach not teach wherein the receiver receives, from a network, threshold information for determining a threshold value, based on a priority in the first RAT and a priority in the second RAT, the processor determines the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information, and the processor excludes the candidate resource from the candidate resource set in a case where RSRP that is measured based on the received SCI is higher than the threshold value.
Nguyen, which also teaches the use of sidelink communications, teaches wherein the receiver receives, from a network, threshold information for determining a threshold value, based on a priority in the first RAT and a priority in the second RAT (Section 0026, there is a determination of an RSRP threshold thus there will be RSRP threshold information), the processor determines the threshold value, based on the priority in the first RAT, the priority in the second RAT, and the threshold information (Section 0026), and the processor excludes the candidate resource from the candidate resource set in a case where RSRP that is measured based on the received SCI is higher than the threshold value (Section 0026).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo in view of He with the above features of Nguyen for the purpose of providing improved user experience and fairness based on priority as taught by Nguyen.
Regarding Claim 9, Guo in view of He and in further view of Nguyen teaches all of the claimed limitations recited in Claim 7. Guo further teaches a transmitter configured to perform the sidelink transmission (Section 0088, RF transceiver), wherein the reception unit receives another SCI indicating a resource reservation in the first RAT (Section 0427, multiple SCIs can be received),
Guo does not teach the processor excludes, from the candidate resource set, another candidate resource that overlaps with at least a part of a resource that is determined based on the another SCI, the processor selects a resource for the sidelink transmission from a candidate resource set in which the candidate resource and the another candidate resource are excluded, and the transmitter performs the sidelink transmission by using the selected resource.
He, which also teaches sidelink communications, teaches the control unit excludes, from the candidate resource set, another candidate resource that overlaps with at least a part of a resource that is determined based on the another SCI (there can be multiple resource sets (Section 0258), Section 0294), the control unit selects a resource for the sidelink transmission from a candidate resource set in which the candidate resource and the another candidate resource are excluded (Section 0294), and the transmission unit performs the sidelink transmission by using the selected resource (Section 0294).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo with the above features of He for the purpose of enhancing performance by reducing collisions as taught by He.
Regarding Claim 10, Guo in view of He and in further view of Nguyen teaches all of the claimed limitations recited in Claim 9. Guo does not teach wherein after excluding the candidate resource from the candidate resource set, the processor excludes the another candidate resource from a candidate resource in which the candidate resource is excluded.
He, which also teaches sidelink communications, teaches wherein after excluding the candidate resource from the candidate resource set, the processor excludes the another candidate resource from a candidate resource in which the candidate resource is excluded (Section 0294, there can be multiple resource sets (Section 0258) thus rendering a scenario wherein excluding the another candidate resource from a candidate resource in which the candidate resource is excluded).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo with the above features of He for the purpose of enhancing performance by reducing collisions as taught by He.
Regarding Claim 11, Guo in view of He and in further view of Nguyen teaches all of the claimed limitations recited in Claim 9. Guo further teaches wherein the receiver performs reception of the another CSI during a first period, and the receiver performs reception of the SCI during a second period that is defined separately from the first period (Section 0427, first SCI and second SCI renders the scenario of reception unit performs reception of the another CSI during a first period, and the reception unit performs reception of the SCI during a second period that is defined separately from the first period).
Regarding Claim 13, Guo in view of He and in further view of Nguyen teaches all of the claimed limitations recited in Claim 7. Guo does not teach wherein the processor performs an operation related to preemption in the first RAT, based on the SCI.
He, which also teaches sidelink communications, teaches wherein the processor performs an operation related to preemption in the first RAT, based on the SCI (Section 0137).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo with the above features of He for the purpose of enhancing performance by reducing collisions as taught by He.
Regarding Claim 14, Guo in view of He and in further view of Nguyen teaches all of the claimed limitations recited in Claim 7. Guo further teaches the SCI that is received by a timing that is located a predetermined period before a timing of a trigger from a higher layer (Section 0365, the response that the gNB sends in response to the ACK/NACK is the trigger, SCI is received prior to this).
Guo does not teach wherein the processor excludes the candidate resource from the candidate resource set, based on the SCI.
He, which also teaches sidelink communications, teaches wherein the processor excludes the candidate resource from the candidate resource set, based on the SCI (Section 0294)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo with the above features of He for the purpose of enhancing performance by reducing collisions as taught by He.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 2020/0029318) in view of He et al. (US 2020/0029340) in view of Nguyen et al. (US 2022/0086700) and in further view of Luo et al. (US 2020/0187162)
Regarding Claim 12, Guo in view of He and in further view of Nguyen teaches all of the claimed limitations recited in Claim 11. Guo does not teach wherein the second period includes a plurality of subframes, the reception unit performs reception of the SCI by monitoring the plurality of subframes, and the control unit excludes, from the candidate resource set, a candidate resource corresponding to an unmonitored subframe among the plurality of subframes.
He, which also teaches sidelink communications, teaches wherein the second period includes a plurality of subframes (Section 0132, indicates a plurality of subframes) the reception unit performs reception of the SCI by monitoring the plurality of subframes (Sections 0132, 0223, renders reception of the SCI by monitoring the plurality of subframes) and the control unit excludes, from the candidate resource set, a candidate resource (Section 0294).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo with the above features of He for the purpose of enhancing performance by reducing collisions as taught by He.
Guo in view of He and in further view of Nguyen does not teach a candidate resource corresponding to an unmonitored subframe among the plurality of subframes.
Luo, which also teaches sidelink communications, teaches a candidate resource corresponding to an unmonitored subframe among the plurality of subframes (Section 0053).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Guo in view of He and in further view of Nguyen with the above features of Luo for the purpose of provide a resource selection method and apparatus for device-to-device/vehicle-to-everything communication supporting carrier aggregation as taught by Luo.
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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND S DEAN whose telephone number is (571)272-7877. The examiner can normally be reached Monday-Friday, 6:00-2:30, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony S Addy can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAYMOND S DEAN/ Primary Examiner, Art Unit 2645 Raymond S. Dean
July 24, 2026
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