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 .
Allowable Subject Matter
Claims 6 and 15 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.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “unit” in claims 18, 19, 22, paragraph 0309, shows an apparatus or a system, for example, a processor as a system large scale integration (LSI) or the like, a module using a plurality of processors or the like, a unit using a plurality of modules or the like, a set further added other functions to a unit,
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 person shall be entitled to a patent unless –
(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) 1, 3, 5, 7-11, 13, 14, 16, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rudolf et al. (U.S. Pub No. 2020/0367207 A1)
Claim 1, Rudolf teaches a communication method comprising: performing sidelink communication with a first communication device [par 0216, 0218, A priority level of a received D2D transmission may be obtained from one or more of the following: a field included in sidelink control information (e.g., in a PSCCH). The WTRU may receive the value of the persistence parameter from a field in PSCCH or PSSCH of the received D2D transmission];
monitoring, when data is being transmitted to the first communication device, whether pre-emption information regarding pre-emption has been transmitted from a second communication device at a predetermined timing [par 0276, 0278; The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted. The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used],
and stopping transmission of the data to the first communication device when the pre-emption information has been received [par 0299, The WTRU may be configured to perform the following, for example, upon detection of a pre-emption indication for which it may determine that it may act upon and/or may wish to act upon. The WTRU may stop data transmission. The WTRU may release the resource. The WTRU may be configured to stop transmission of the SA. The WTRU may be configured to transmit an indication of a resource release].
Claim 3, Rudolf illustrates the communication method according to claim 1, further comprising the step of receiving the pre-emption information from the second communication device at the predetermined timing while transmitting the data to the first communication device [par 0285, 0306, The WTRU may transmit and/or receive a pre-emption message in a subset of D2D data subframes. While SA announces D2D data for a scheduling period, a set of D2D data subframes may include control signaling carrying a pre-emption message].
Claim 5. Rudolf discuss the communication method according to claim 1, wherein the predetermined timing is a timing included in a second time unit shorter than a first time unit for transmitting the data to the first communication device [par 0174, 0236, For example, the first N1 time frequency blocks which can be chosen by a high priority WTRU may occur (e.g., may always occur) prior in time to the first N2 time frequency blocks which can be chosen by a low priority WTRU. In other words, N1 for the high priority WTRU may be in the set 0<N1<K1, while N2 for the low priority WTRU may be anywhere in N1>N2>K2. A D2D terminal that selected a D2D transmission opportunity in a time period (e.g., first time period) may keep the acquired radio resources in a time period (e.g., second time period)].
Claim 7, Rudolf demonstrate the communication method according to claim 5, wherein the second communication device performs sidelink communication in accordance with the second time unit [par 0216, 0218, A priority level of a received D2D transmission may be obtained from one or more of the following: a field included in sidelink control information (e.g., in a PSCCH), such as an explicit indication of priority, or a Group destination ID that may be associated to a priority level; The WTRU may receive the value of the persistence parameter from a field in PSCCH or PSSCH of the received D2D transmission and may apply this value if it is lower than the current value and/or until a timer started upon reception of this transmission expires].
Claim 8, Rudolf conveys the communication method according to claim 1, further comprising the step of reselecting a transmission resource to be used for transmission of the data when the pre-emption information is received [par 0276-0278, The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. The WTRU may be configured to transmit the pre-emption message over a PUCCH resource. This PUCCH resource may be associated to a D2D transmission].
Claim 9, Rudolf reveals the communication method according to claim 8, wherein schedule information transmitted to reselect the transmission resource includes pre-empted information indicating being pre-empted [par 0283, The WTRU may transmit or receive a pre-emption message in a set of selected and/or reserved subframes that may comprise a subset of possible SA subframes. For example, when SA is configured for a scheduling period of 80 ms, then every 4th occurrence of the SA subframes for a particular Scheduling Period may include pre-emption messages].
Claim 10, Rudolf discloses the communication method according to claim 8, further comprising the step of reselecting a radio resource different from a radio resource used for transmission of the data as the transmission resource[par 0276-0278, The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. The WTRU may be configured to transmit the pre-emption message over a PUCCH resource. This PUCCH resource may be associated to a D2D transmission].
Claim 11, Rudolf discloses the communication method according to claim 1, further comprising: receiving the pre-emption information from a plurality of the second communication devices [par 0312, a number of set of subframes not available for the purpose of D2D transmission and/or reception due to ongoing cellular communication, and/or a number and/or set of D2D subframes corresponding to transmission and/or reception from/to one or more WTRUs and/or D2D communication group(s)];
determining the second communication device that is permitted to perform the pre-emption among the plurality of the second communication devices [par 0293, When to transmit a pre-emption indication may be determined. The WTRU may be configured to determine conditions when to transmit a pre-emption indication. The WTRU may be configured to determine to transmit a pre-emption indication, for example, based on one or more of the following triggers (in any order or combination). The WTRU may have data to transmit. The WTRU may be configured and/or allowed to use pre-emption. The data to transmit may be associated to a logical channel/bearer/QoS/QCI for which pre-emption may be allowed and/or configured];
and transmitting permission information regarding permission of the pre-emption to the second communication device that is determined [par 0293, The WTRU may receive commands to start/stop pre-emption from the higher layers (for example, RRC). The data packet to be transmitted may be associated with a request for pre-emption sent by higher layers (for example, MAC). The WTRU may have determined, for example, based on measurements or monitoring of the SAs, that there may be no radio resources available for transmission of its data].
Claim 13, Rudolf creates the communication method according to claim 11, wherein the pre-emption information to be transmitted next by the second communication device that has not been permitted to perform the pre-emption, among the plurality of the second communication devices, includes information indicating that the previous pre-emption was not permitted [par 0300, The WTRU may be configured to “keep” the resource for the duration of the pre-emption interruption. The WTRU may be configured to transmit an indication to keep the resource. For example, the WTRU may be configured to transmit an indication in an SA to indicate resource reservation (e.g. “channel hold”), indicating (e.g., optionally indicating) the cause of the resource reservation (e.g., pre-emption). The WTRU may be configured to start a backoff timer (e.g., of a pre-defined value). The WTRU might not be allowed to resume data transmission and/or attempt transmission of data until the timer expires. Once the pre-emption procedure is completed and/or a pre-emption timer has expired, the WTRU may be configured to resume transmission using the same resource that was pre-empted].
Claim 14. The communication method according to claim 1, further comprising the step of starting monitoring of the pre-emption information at the predetermined timing in
response to receiving execution information indicating execution of the pre-emption from the second communication device [par 0235, 0276, The pre-stored information may include a set of subframes (e.g., first set of subframes) allowed for transmission of SA and/or a subframe (e.g., second subframe) set allowed for use with D2D data over a given transmission period. The D2D terminal may perform channel selection through measurements on SA subframes to determine a suitable, least interfered, transmission opportunity for its SA. The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted].
Claim 16, Rudolf display the communication method according to claim 1, wherein the pre-emption information includes at least one of information indicating to be information regarding the pre-emption, information regarding a radio resource targeted for the pre-emption, and information regarding a processing time [par 0274, Message-based indication may be described herein. The D2D WTRU may be configured to transmit a message-based pre-emption indication. The pre-emption message may carry one or more of the following information, in any order or combination: a resource index, an identity, a priority level, an amount of time to backoff an interruption cause, and/or T-RPT. The pre-empting WTRU may indicate a specific resource index, for example that may be chosen from a list of resources used (e.g., currently being used). The transmission associated to that resource may be interrupted, regardless of the identity of the user transmitting (e.g., currently transmitting) over the resource. The identity may be used to indicate a target WTRU identity and/or group identity to pre-empt (e.g., which user/target group may stop transmission). The priority level may be associated to the pre-emption message and/or of the data transmission]
Claim 17, Rudolf conveys a communication method comprising: transmitting, at a predetermined timing, pre-emption information to a second communication device that performs sidelink communication with a first communication device [par 0216, 0276, 0278; The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted. The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used],
and is transmitting data to the first communication device [par 0276, The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted],
the pre-emption information for performing pre-emption on a radio resource used by the second communication device to transmit the data; and performing the sidelink communication by using the radio resource [par 0272, Pre-emption may be used when resources for a group of users (e.g., or other classification) may be occupied and/or a higher priority signal for that group may be transmitted (e.g., there are other radio resources available and they may be reserved for other user groups)].
Claim 18, Rudolf defines a communication device comprising: a communication unit that performs sidelink communication with a first communication device[par 0216, 0218, A priority level of a received D2D transmission may be obtained from one or more of the following: a field included in sidelink control information (e.g., in a PSCCH). The WTRU may receive the value of the persistence parameter from a field in PSCCH or PSSCH of the received D2D transmission];
and a control unit that monitors, when transmitting data to the first communication device, whether pre-emption information regarding pre-emption has been transmitted from a second communication device at a predetermined timing[par 0276, 0278; The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted. The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used],
and stops transmission of the data to the first communication device when received the pre-emption information[par 0299, The WTRU may be configured to perform the following, for example, upon detection of a pre-emption indication for which it may determine that it may act upon and/or may wish to act upon. The WTRU may stop data transmission. The WTRU may release the resource. The WTRU may be configured to stop transmission of the SA. The WTRU may be configured to transmit an indication of a resource release].
Claim 19, Rudolf provide a communication device comprising a control unit that transmits, at a predetermined timing, pre-emption information to a second communication device that performs sidelink communication with a first communication device and is transmitting data to the first communication device[par 0216, 0276, 0278; The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted. The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used],
the pre-emption information for performing pre-emption on a radio resource used by the second communication device to transmit the data[par 0272, Pre-emption may be used when resources for a group of users (e.g., or other classification) may be occupied and/or a higher priority signal for that group may be transmitted (e.g., there are other radio resources available and they may be reserved for other user groups)].,
and performs the sidelink communication by using the radio resource[par 0216, 0218, A priority level of a received D2D transmission may be obtained from one or more of the following: a field included in sidelink control information (e.g., in a PSCCH). The WTRU may receive the value of the persistence parameter from a field in PSCCH or PSSCH of the received D2D transmission].
Claim 20, Rudolf reveal a communication system comprising: a pre-empted device that performs sidelink communication with a first communication device and is pre- empted by a pre-emption device[par 0216, 0218, A priority level of a received D2D transmission may be obtained from one or more of the following: a field included in sidelink control information (e.g., in a PSCCH). The WTRU may receive the value of the persistence parameter from a field in PSCCH or PSSCH of the received D2D transmission];
and a pre-emption device that performs pre-emption on resources to be used by the pre-empted device, wherein the pre-empted device monitors whether pre- emption information regarding the pre-emption has been transmitted from the pre-emption device at a predetermined timing when transmitting data to the first communication device[par 0276, 0278; The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted. The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used],,
and the pre-emption device transmits the pre-emption information at the predetermined timing to the pre-empted device transmitting the data when performing pre-emption on the resources to be used by the pre-empted device [par 0278, For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used].
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) 2, 21, 22, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rudolf et al. (U.S. Pub No. 2020/0367207 A1) in view of Damnjonovic et al. (U.S. Pub No. 2016/0212625 A1).
Claim 2, Rudolf creates the communication method according to claim 1, fail to show further comprising the step of continuing and/or resuming transmission of the data to the first communication device when the pre-emption information has not been received.
In an analogous art Damnjanovic show further comprising the step of continuing and/or resuming transmission of the data to the first communication device when the pre-emption information has not been received [par 0073, If no indication of preemption is observed by the non-prioritized device, transmission may continue. In some cases, a prioritized device may begin immediate signal transmission at arbitrary time 350. The transmission by the prioritized device may occur concurrently with a non-prioritized communication session (i.e., both devices may simultaneously attempt to use the shared frequency band) as indicated during the simultaneous transmission period 345].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Rudolf and Damnjanovic because this provides a prioritization scheme for sharing a frequency band a priority to different operators and may enable devices associated with a prioritized operator to access the shared band over non-prioritized devices. [Damnjanovic par 0008]
Claim 21, Rudolf provide a communication method comprising: performing sidelink communication with a first communication device[par 0216, 0218, A priority level of a received D2D transmission may be obtained from one or more of the following: a field included in sidelink control information (e.g., in a PSCCH). The WTRU may receive the value of the persistence parameter from a field in PSCCH or PSSCH of the received D2D transmission];
monitoring, when data is being transmitted to the first communication device, whether pre-emption information regarding pre-emption has been transmitted from a second communication device at a predetermined timing[par 0276, 0278; The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted. The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used];
Rudolf fail to show receiving the pre-emption information from the second communication device while transmitting the data to the first communication device at the predetermined timing.
In an analogous Damjanovic show receiving the pre-emption information from the second communication device while transmitting the data to the first communication device at the predetermined timing [par 0073, The transmission by the prioritized device may occur concurrently with a non-prioritized communication session (i.e., both devices may simultaneously attempt to use the shared frequency band) as indicated during the simultaneous transmission period 345. At preemption opportunity 305-e the non-prioritized device may monitor the frequency band to determine if there is an ongoing prioritized transmission, while the prioritized device may continue to transmit without observing the preemption opportunity (though in some cases, the prioritized device may transmit a preemption indicator)].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Rudolf and Damnjanovic because this provides a prioritization scheme for sharing a frequency band a priority to different operators and may enable devices associated with a prioritized operator to access the shared band over non-prioritized devices. [Damnjanovic par 0008]
Claim 22, Rudolf describes a communication device comprising: a communication unit that performs sidelink communication with a first communication device[par 0216, 0218, A priority level of a received D2D transmission may be obtained from one or more of the following: a field included in sidelink control information (e.g., in a PSCCH). The WTRU may receive the value of the persistence parameter from a field in PSCCH or PSSCH of the received D2D transmission];
and a control unit that monitors, when data is being transmitted to the first communication device, whether pre- emption information regarding pre-emption has been transmitted from a second communication device at a predetermined timing[par 0276, 0278; The WTRU may use a reserve SA pool to transmit pre-emption message using SA format. The D2D WTRUs transmitting data may be configured to monitor the pre-emption resource pool to determine whether or not their transmission may be pre-empted. The WTRU receiving the pre-emption message may be configured to determine (e.g., blindly determine) if a received SA may be a conventional SA or a pre-emption message. The WTRU may make this determination, for example, based (e.g., blindly based) on the CRC appended to the SA and/or pre-emption message. For example, the WTRU may be configured to transmit the pre-emption indication at a known instant of time, for example, after the SA was transmitted, and/or at a specific PUCCH location in frequency, for example, based on the SA resource that may be used];
Rudolf fail to show wherein the communication unit receives the pre- emption information from the second communication device while transmitting the data to the first communication device at the predetermined timing.
In an analogous art Damnjanovic show wherein the communication unit receives the pre- emption information from the second communication device while transmitting the data to the first communication device at the predetermined timing [par 0073, The transmission by the prioritized device may occur concurrently with a non-prioritized communication session (i.e., both devices may simultaneously attempt to use the shared frequency band) as indicated during the simultaneous transmission period 345. At preemption opportunity 305-e the non-prioritized device may monitor the frequency band to determine if there is an ongoing prioritized transmission, while the prioritized device may continue to transmit without observing the preemption opportunity (though in some cases, the prioritized device may transmit a preemption indicator)].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Rudolf and Damnjanovic because this provides a prioritization scheme for sharing a frequency band a priority to different operators and may enable devices associated with a prioritized operator to access the shared band over non-prioritized devices. [Damnjanovic par 0008]
10. Claim(s) 4, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rudolf et al. (U.S. Pub No. 2020/0367207 A1) in view of MOCHIZUKI et al. (U.S. Pub No. 2021/0126753 A1).
Claim 4, Rudolf demonstrates the communication method according to claim 1, Rudolf fail to show further comprising the step of stopping transmission of the data to the first communication device and receiving the pre-emption information from the second communication device at the predetermined timing.
In an analogous art MOCHIZUKI show further comprising the step of stopping transmission of the data to the first communication device and receiving the pre-emption information from the second communication device at the predetermined timing [par 0522, The uplink preemption indication 4101 includes information on the preempted communication timings 4006 and 4007. The preempted UE receives the uplink preemption indication 4101 to obtain the information on the timings 4006 and 4007. The preempted UE stops eMBB uplink transmission with the timings 4006 and 4007].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Rudolf and MOCHIZUKI because to prevent the other UEs from erroneously obtain the preemption indication, which can consequently prevent decrease in the efficiency of the communication system. [MOCHIZUKI par 0459]
11. Claim(s) 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rudolf et al. (U.S. Pub No. 2020/0367207 A1) in view of Atungsiri et al. (U.S. Pub No. 2019/0268885 A1).
Claim 12, Rudolf disclose the communication method according to claim 11, Rudolf fail to show wherein the pre-emption information transmitted by a plurality of the second communication devices is orthogonal in at least one of a time direction and a frequency direction.
In an analogous art Atungsiri show wherein the pre-emption information transmitted by a plurality of the second communication devices is orthogonal in at least one of a time direction and a frequency direction[par 0042, 0043, That is to say, eMBB and URLLC traffic may be scheduled by the network on the same set of radio resources (in terms of time and/or frequency) according to current needs. Possible ways to multiplexing these different types of traffic having different subframe structures include: Orthogonal time resources multiplexing. Here the base station (or other network infrastructure equipment) uses a scheduling interval that is short enough to meet URLLC latency requirements for both the eMBB and URLLC to allow URLLC and eMBB to be scheduled on orthogonal transmission resources]
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of Rudolf and Atungsiri because to efficiently support transmissions for different services with different characteristics, such as eMBB and URLLC, help optimize the operation of wireless telecommunications systems.[Atungsiri par 0010]
Conclusion
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/JASON A HARLEY/Examiner, Art Unit 2468
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