DETAILED ACTION
1. It is hereby acknowledged that 18/745658 the following papers have been received and placed of record in the file: Remarks date 09/02/24
Oath/Declaration
2. The applicant’s oath/declaration has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Drawings
3. The applicant’s drawings submitted are acceptable for examination purposes.
Claim Objections
4. Claims 1-13 are objected to because of the following informalities:
Claims 1, 7 and 12 disclose …. e.g., using an assistance information message, AIM …… It is unclear what is meant by this limitation. This seems to be an example and does not necessarily need to occur as a limitation.
Claim 9, states …. , e.g., in a Downlink Control Information, DCI, or in a MAC CE or RRC or by higher layer signaling, includes: multiple time resource indicator values, TRIVs, and/or multiple frequency resource indicator values, FRIVs, or a bitmap across time,…
This also seems to be an example and does not necessarily need to occur.
Claim 10 states…., e.g., a sensor, an actuator or a UE provided in a campus network to carry out repetitive tasks and requiring input from a gateway node at periodic intervals, or a mobile terminal, or a stationary terminal,….
This also seems to be an example and does not necessarily need to occur.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
5. 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) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
6. Claims 1-13 are rejected under 35 U.S.C. §103 as being unpatentable over HAHN (US 20200107303A1) in view of Yang (US 20160353494)
Regarding claim 1, Hahn teaches a user device, UE, for a wireless communication system, like a 3.sup.rd Generation Partnership Project, 3GPP, system, wherein the UE is to communicate using a sidelink, SL, using resources allocated by a base station of the wireless communication system, wherein the UE is configured or preconfigured with at least one first SL resource pool and with at least one second SL resource pool, wherein the UE is to receive from the base station, directly or via another UE, a resource allocation for a transmission using the SL,(See Hahn Fig.7 paragraph [0088],[0092] explains…. The base station may configure a common resource pool shared by the UE supporting the sidelink TM #3 and the UE supporting the sidelink TM #4 (S700). The configuration information of the common resource pool may include one or more of information elements defined in Table 3 below.) the resource allocation comprising a plurality of sets of resources from one or more of the first and second SL resource pools, each set of resources available for the UE to carry out the transmission or to be signaled to a further UE as resources available or not available or as a preferred or non-preferred set of resources to be used for a transmission by the further UE, e.g., using an assistance information message, AIM, and wherein the UE is to determine among the plurality of sets of resources an unoccupied set of resources and to carry out the transmission using the unoccupied set of resources or to signal to the further UE the unoccupied set of resources as the available resources. (See Hahn paragraph [0069] The base station 210 and the relay 220 may support multiple-input, multiple-output (MIMO) technologies (e.g., single user (SU)-MIMO, multi-user (MU)-MIMO, massive MIMO, etc.), coordinated multipoint (CoMP) communication technologies, carrier aggregation (CA) communication technologies, unlicensed band communication technologies (e.g., Licensed Assisted Access (LAA), enhanced LAA (eLAA), etc.), sidelink communication technologies (e.g., ProSe communication technology, D2D communication technology), or the like…., [0088]-[0095]…. For example, the resources constituting the common resource pool may be divided into a plurality of resource groups (RGs), and one bit in the bitmap may correspond to one RG belonging to the common resource pool. A specific bit set to ‘0’ in the bitmap may indicate that the RG corresponding to the specific bit is not a candidate resource….)
While Hahn explains occupancy state does not explicitly disclose to carry out the transmission using the unoccupied set of resources or to signal to the further UE the unoccupied set of resources as the available resources
However Yang discloses the UE may report the use information, obtained within the preset time, of the unlicensed frequency to the base station by using a licensed frequency, or the UE may report the use information, obtained within the preset time, of the unlicensed frequency to the base station by using an unlicensed frequency…(see paragraph [0372]-[0375]
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Hahn with Yang. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improving obtaining use information and occupation information of an unlicensed spectrum (See column paragraph [0005])
Regarding claim 2, the modified Yang taught the user device UE of claim 1, as described above. The modified Yang further teaches wherein the first SL resource pool comprises: only resources in a licensed spectrum, or only resources in an unlicensed spectrum, or resources both in the licensed spectrum and in the unlicensed spectrum, and wherein the second SL resource pool comprises: only resources in the licensed spectrum, or only resources in the unlicensed spectrum, or resources both in the licensed spectrum and in the unlicensed spectrum. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 3, the modified Yang taught the user device, UE, of claim 1, as described above. The modified Yang further teaches wherein the UE is to (a) select from the plurality of sets of resources a current set of resources, (b) evaluate whether the current set of resources is occupied or unoccupied, (c) in case the current set of resources in unoccupied, use the current set of resources for the transmission, (d) in case the current set of resources is occupied, select from the plurality of sets of resources another, not yet evaluated set of resources as the current set of resources and repeat operations (a) to (d). (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 4, the modified Yang taught the user device, UE, of claim 3, , as described above. The modified Yang further teaches wherein. the first SL resource pool includes resources only in the unlicensed spectrum, the second SL resource pool includes resources only in the licensed spectrum, the resource allocation comprises one or more sets of resources in the first SL resource pool and in the second SL resource pool, and in case none of the sets of resources in the first SL resource pool is unoccupied, the UE is to use for the transmission the set of resources in the second SL resource pool. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 5, the modified Yang taught the user device, UE, of claim 1, , as described above. The modified Yang further teaches wherein the allocation of the plurality of sets of resources in the first and second SL resource pools, e.g., in a Downlink Control Information, DCI, or in a MAC CE or RRC or by higher layer signaling, includes: multiple time resource indicator values, TRIVs, and/or multiple frequency resource indicator values, FRIVs, or a bitmap across time, the bitmap indicating resources, like OFDM symbols or time slots or subframes or frames, where the resource set is defined as spanning either a portion or the entire length of the one BWP, or a bitmap across frequency, the bitmap indicating resources, like resource blocks, across the one BWP, or a starting resource in time, like a time slot or a subframe, and a duration of the resource set, or a starting resource in frequency, like a resource block, and a number of resources for a resource set, or multiple starting resources, like resource blocks, and ending resources, if the resource set is non-contiguous over frequency, or explicit resources numbers, like time slot or subframe numbers or explicit resource indices, like resource block indices, or punctured out resources mentioned explicitly or that are part of another set of resources or RP, or a starting resource, and periodic offsets for subsequent occurrences, or a pattern in time, defined by symbols, time slots or subframes or frames, and/or in frequency, defined by resource blocks, subchannels or sub bands,. one or more RRC configured transmission pattern for a number of transmissions. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 6, the modified Yang taught the user device, UE, of claim 1, as described above. The modified Yang further teaches wherein a set of resources of the first SL resource pool comprises one or more of the following: one or more symbols, one or more time slots or subframes or frames, one or more LBT sub-bands, one or more frequencies or carriers, one or more frequency bands, like unlicensed subbands, one or more spatial resources, e.g., using spatial multiplexing. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 7. A base station for a wireless communication system, like a 3.sup.rd Generation Partnership Project, 3GPP, system, the wireless communication system comprising a plurality of sidelink user devices, SL-UEs, communicating using a sidelink, SL, wherein the base station is to provide to a SL UE, directly or via another UE, a resource allocation for a transmission by the SL UE using the SL, ,(See Hahn paragraph [0088] explains…. The base station may configure a common resource pool shared by the UE supporting the sidelink TM #3 and the UE supporting the sidelink TM #4 (S700). The configuration information of the common resource pool may include one or more of information elements defined in Table 3 below.) the resource allocation comprising a plurality of sets of resources from at least one first SL resource pool and/or from at least one second SL resource pool, each set of resources available for the UE to carry out the transmission or to be signaled to a further UE as resources available for a transmission by the further UE, e.g., using an assistance information message, AIM. (See Hahn paragraph [0069], …. The base station 210 and the relay 220 may support multiple-input, multiple-output (MIMO) technologies (e.g., single user (SU)-MIMO, multi-user (MU)-MIMO, massive MIMO, etc.), coordinated multipoint (CoMP) communication technologies, carrier aggregation (CA) communication technologies, unlicensed band communication technologies (e.g., Licensed Assisted Access (LAA), enhanced LAA (eLAA), etc.), sidelink communication technologies (e.g., ProSe communication technology, D2D communication technology), or the like…., [0088]-[0095]…. For example, the resources constituting the common resource pool may be divided into a plurality of resource groups (RGs), and one bit in the bitmap may correspond to one RG belonging to the common resource pool. A specific bit set to ‘0’ in the bitmap may indicate that the RG corresponding to the specific bit is not a candidate resource….)
While Hahn explains occupancy state does not explicitly disclose to carry out the transmission using the unoccupied set of resources or to signal to the further UE the unoccupied set of resources as the available resources
However Yang discloses the UE may report the use information, obtained within the preset time, of the unlicensed frequency to the base station by using a licensed frequency, or the UE may report the use information, obtained within the preset time, of the unlicensed frequency to the base station by using an unlicensed frequency…(see paragraph [0372]-[0375]
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Hahn with Yang. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improving obtaining use information and occupation information of an unlicensed spectrum (See column paragraph [0005])
Regarding claim 8, the modified Yang taught the base station of claim 7, as described above. The modified Yang further teaches wherein the first SL resource pool comprises: only resources in a licensed spectrum, or only resources in an unlicensed spectrum, or resources both in the licensed spectrum and in the unlicensed spectrum, and wherein the second SL resource pool comprises: only resources in the licensed spectrum, or only resources in the unlicensed spectrum, or resources both in the licensed spectrum and in the unlicensed spectrum. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 9, the modified Yang taught the base station of claim 7, as described above. The modified Yang further teaches wherein the allocation of the plurality of sets of resources in the first and second SL resource pools, e.g., in a Downlink Control Information, DCI, or in a MAC CE or via RRC or by higher layer signaling, includes: multiple time resource indicator values, TRIVs, and/or multiple frequency resource indicator values, FRIVs, or a bitmap across time, the bitmap indicating resources, like OFDM symbols or time slots or subframes or frames, where the resource set is defined as spanning either a portion or the entire length of the one BWP, or a bitmap across frequency, the bitmap indicating resources, like resource blocks, across the one BWP, or a starting resource in time, like a time slot or a subframe, and a duration of the resource set, or a starting resource in frequency, like a resource block, and a number of resources for a resource set, or multiple starting resources, like resource blocks, and ending resources, if the resource set is non-contiguous over frequency, or explicit resources numbers, like time slot or subframe numbers or explicit resource indices, like resource block indices, or punctured out resources mentioned explicitly or that are part of another set of resources or RP, or a starting resource, and periodic offsets for subsequent occurrences, or a pattern in time, defined by symbols, time slots or subframes or frames, and/or in frequency, defined by resource blocks, subchannels or sub bands, one or more RRC configured transmission pattern for a number of transmissions. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 10, the modified Yang taught the user device, UE, of claim 1, as described above. The modified Yang further teaches wherein the UE comprise one or more of a power-limited UE, or a hand-held UE, like a UE used by a pedestrian, and referred to as a Vulnerable Road User, VRU, or a Pedestrian UE, P-UE, or an on-body or hand-held UE used by public safety personnel and first responders, and referred to as Public safety UE, PS-UE, or an IoT UE, e.g., a sensor, an actuator or a UE provided in a campus network to carry out repetitive tasks and requiring input from a gateway node at periodic intervals, or a mobile terminal, or a stationary terminal, or a cellular IoT-UE, or a SL UE, or a vehicular UE, or a vehicular group leader UE, GL-UE, or a scheduling UE, S-UE, or an IoT or narrowband IoT, NB-IoT, device, or a ground based vehicle, or an aerial vehicle, or a drone, or a moving base station, or road side unit, RSU, or a building, or any other item or device provided with network connectivity enabling the item/device to communicate using the wireless communication network, e.g., a sensor or actuator, or any other item or device provided with network connectivity enabling the item/device to communicate using a sidelink the wireless communication network, e.g., a sensor or actuator, or any sidelink capable network entity. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 11, the modified Yang taught the base station of claim 7, as described above. The modified Yang further teaches wherein the base station comprises one or more of a macro cell base station, or a small cell base station, or a central unit of a base station, or a distributed unit of a base station, or an Integrated Access and Backhaul, IAB, node, or a road side unit, RSU, or a UE, or a SL UE, or a group leader UE, GL-UE, or a relay or a remote radio head, or an AMF, or an SMF, or a core network entity, or mobile edge computing, MEC, entity, or a network slice as in the NR or 5G core context, or any transmission/reception point, TRP, enabling an item or a device to communicate using the wireless communication network, the item or device being provided with network connectivity to communicate using the wireless communication network. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Regarding claim 12, Hahn teaches a method for operating a method for operating a user device, UE, for a wireless communication system, like a 3.sup.rd Generation Partnership Project, 3GPP, system, wherein the UE is to communicate using a sidelink, SL, using resources allocated by a base station of the wireless communication system, and wherein the UE is configured or preconfigured with at least one first SL resource pool and with at least one second SL resource pool, the method comprising: receiving from the base station, directly or via another UE, a resource allocation for a transmission using the SL, ,(See Hahn paragraph [0088] explains…. The base station may configure a common resource pool shared by the UE supporting the sidelink TM #3 and the UE supporting the sidelink TM #4 (S700). The configuration information of the common resource pool may include one or more of information elements defined in Table 3 below.) the resource allocation comprising a plurality of sets of resources from one or more of the first and second SL resource pools, each set of resources available for the UE to carry out the transmission or to be signaled to a further UE as resources available or not available or as a preferred or non-preferred set of resources to be used for a transmission by the further UE, e.g., using an assistance information message, AIM, and determining among the plurality of sets of resources an unoccupied set of resources and to carry out the transmission using the unoccupied set of resources or to signal to the further UE the unoccupied set of resources as the available resources. (See Hahn paragraph [0069], …. The base station 210 and the relay 220 may support multiple-input, multiple-output (MIMO) technologies (e.g., single user (SU)-MIMO, multi-user (MU)-MIMO, massive MIMO, etc.), coordinated multipoint (CoMP) communication technologies, carrier aggregation (CA) communication technologies, unlicensed band communication technologies (e.g., Licensed Assisted Access (LAA), enhanced LAA (eLAA), etc.), sidelink communication technologies (e.g., ProSe communication technology, D2D communication technology), or the like…., [0088]-[0095]…. For example, the resources constituting the common resource pool may be divided into a plurality of resource groups (RGs), and one bit in the bitmap may correspond to one RG belonging to the common resource pool. A specific bit set to ‘0’ in the bitmap may indicate that the RG corresponding to the specific bit is not a candidate resource….)
While Hahn explains occupancy state does not explicitly disclose to carry out the transmission using the unoccupied set of resources or to signal to the further UE the unoccupied set of resources as the available resources
However Yang discloses the UE may report the use information, obtained within the preset time, of the unlicensed frequency to the base station by using a licensed frequency, or the UE may report the use information, obtained within the preset time, of the unlicensed frequency to the base station by using an unlicensed frequency…(see paragraph [0372]-[0375]
It would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine Hahn with Yang. One of ordinary skill in the art would have been motivated to make this modification before the effective filling data of the claimed invention to improving obtaining use information and occupation information of an unlicensed spectrum (See column paragraph [0005])
Regarding claim 13, the modified Yang taught the method of claim 12, as described above. The modified Yang further teaches comprising: providing, by the base station, to the SL UE, directly or via another UE, the resource allocation for the transmission by the SL UE using the SL. (see Yang paragraph [0384]-[0385]… a system (for example, a WIFI system or a radar system) using the unlicensed frequency, a type of a terminal using the unlicensed frequency, duration of using the unlicensed frequency, signal power detected by the UE when the unlicensed frequency is occupied..)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald Smarth whose telephone number is (571) 270-1923. The examiner can normally be reached on Monday-Thursday 6am-4:30pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on 571-272-7784. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GERALD A SMARTH/Primary Examiner, Art Unit 2478
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