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 .
Responsive to amendments filed on 06/09/2026.
Claims 7 and 24 have been cancelled. Claims 1, 3-6, 8, 10-13, 18, 20-23, and 25-27 remain pending.
Response to Arguments
Applicant’s amendments and remarks filed on 06/09/2026 have been fully considered but they are not persuasive.
One argument presented is that the cited reference to Farag fails to disclose “receiving, by the wireless device, a first information by performing a sensing operation”. Applicant argues that the sensing operation in the reference “does not produce first information that is received by a wireless device”, the Examiner respectfully disagrees. The sensing operation in Farag results in: “sensing within a sensing window involves decoding the first stage SCI, and measuring the corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS” as described in paragraph 0086 of the reference. Hence, barring any specificity of what the “first information” refers to in the independent claims, then any and all information decoded in the sensing meets the claim limitation.
Another argument presented is “amended claim 1 recites that "the one or more SL PRSs are associated with at least one of PSCCH, PSSCH, or the first information received by the wireless device." Nowhere does Farag teach or suggest that information obtained using the sensing window has any association with SL PRSs.” The Examiner respectfully disagrees. As can be seen and read in the reference (paragraphs 0125-0130), reference signals for SL positioning are associated to first stage and second stage SL control information which are multiplexed or carried in PSCCH/PSSCH, which satisfies the language of SL PRS being associated with one of PSCCH or PSSCH and meets the claim limitation. Furthermore, from the explanations provided above, since the sensing window is used to decode at least a first stage SCI, then Farag is believed to meet that the information obtained using the sensing window has an association with SL PRS.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-6, 8, 10, 12-13, 18, 20-23, and 25-27 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Farag (US Patent Application Publication 2023/0318772; with Effective Filing Date of April 5, 2022, corresponding to the Provisional Application 63/327,721, and that supports the teachings of the publication in pages 26-30, for example, amongst others).
Regarding claim 1 Farag discloses a method of wireless communication, comprising:
receiving, by a wireless device, control information including at least one of sidelink control information (SCI) or sidelink positioning control information (SPCI) that indicates one or more sidelink positioning reference signals (SL PRSs) (paragraphs 0125-0130, 0178-0187; PRS associated with a sidelink positioning control information SCI-P, first stage SCI);
receiving, by the wireless device, a first information by performing a sensing operation (paragraph 0086; sensing within a sensing window involves decoding the first stage SCI, and measuring the corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS);
performing, by the wireless device, at least one of physical sidelink control channel (PSCCH) resource selection, physical sidelink shared channel (PSSCH) resource selection, or PRS resource selection (paragraphs 0075, 0086, 0141, 0145, 0149; resource pool configured for the communicating UEs and used for PRS); and
performing, by the wireless device, a sidelink communication according to the one or more SL PRSs (paragraphs 0106, 0121, 0125-0136, 0172, amongst others; wherein an initiator UE communicates with a receiving UE, transmitting sidelink PRS);
wherein the one or more SL PRSs are associated with at least one of PSCCH, PSSCH, or the first information received by the wireless device (paragraphs 0125-0130; reference signals for SL positioning are associated to first stage and second stage SL control information which are multiplexed or carried in PSCCH/PSSCH),
wherein the sensing operation includes measuring at least one of a reference signal received power (RSRP) of PSSCH or RSRP of PSCCH (paragraphs 0075-0075, 0086; through sensing the UE decodes first stage SCI and measures corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS and the DMRS is carried in PSSCH/PSCCH).
Regarding claim 3 Farag discloses the method of claim 1, wherein the one or more sidelink PRSs include a reference signal that is inside a set of sidelink resources (paragraphs 0121, 0141, 0145, 0149, 0178, 0182; configured sidelink resources used for PRS).
Regarding claim 4 Farag discloses the method of claim 1, wherein the one or more sidelink PRSs include one or more positioning reference signals sidelink PRSs indicated by the sidelink control information (paragraphs 0136-0178; SCI and SCI-P in relationship with PRSs).
Regarding claim 5 Farag discloses the method of claim 4, wherein the one or more sidelink PRSs or the control information is at least partially inside a set of sidelink resources (figure 7; paragraphs 0136-0178; SCI/SCI-P and PRSs are within the configured sidelink resources as explained in paragraph 0080).
Regarding claim 6 Farag discloses the method of claim 1, wherein the one or more sidelink PRSs include a sidelink reference signal configured with at least one of physical sidelink control channel (PSCCH) or physical sidelink shared channel (PSSCH) (paragraphs 0136-0178; the sidelink reference signal in relationship with PSCCH/PSSCH).
Regarding claim 8 Farag discloses the method of claim 1, wherein the first information includes at least one of SPCI that indicates PRS (paragraph 0178; SCI-P indicating PRS), SCI that indicates PRS (paragraphs 0138-0170; SCIs indicating PRS), SCI transmitted on PSCCH to indicate PSSCH (paragraphs 0075-0076, 0086, 0141; first and second stage SCIs), or PRS (paragraphs 0141-0167; S-PRS).
Regarding claim 10 Farag discloses the method of claim 1, wherein the one or more sidelink PRSs are associated with at least one of PSCCH, PSSCH or the first information (paragraphs 0138-0178; sidelink PRS associated with a first information and PSSCH/PSCCH).
Regarding claim 12 Farag discloses the method of claim 1, wherein a frequency band of the one or more sidelink PRSs is obtained through at least one of: pre-configuration, radio resource control (RRC) signaling, medium access control (MAC) control element (MAC CE), the SCI or downlink control information (DCI) (paragraph 0119, 0170; RRC/MAC CE/DCI comprising system information).
Regarding claim 13 Farag discloses the method of claim 1, wherein the performing of the at least one of PSCCH resource selection or PRS resource selection includes measuring at least one of a reference signal received power (RSRP) of PSSCH, or RSRP of PSCCH (paragraph 0086; measuring RSRP).
Regarding claim 18 Farag discloses an apparatus for wireless communication comprising a processor that is configured to cause the apparatus to implement a method (fig. 3, processor 340 connected to memory 360), the apparatus configured to:
receive, by a wireless device, control information including at least one of sidelink control information (SCI) or sidelink positioning control information (SPCI) that indicates one or more sidelink positioning reference signals (SL PRSs) (paragraphs 0125-0130, 0178-0187; PRS associated with a sidelink positioning control information SCI-P, first stage SCI);
receive, by the wireless device, a first information by performing a sensing operation (paragraph 0086; sensing within a sensing window involves decoding the first stage SCI, and measuring the corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS);
perform, by the wireless device, at least one of physical sidelink control channel (PSCCH) resource selection, physical sidelink shared channel (PSSCH) resource selection, or PRS resource selection (paragraphs 0075, 0086, 0141, 0145, 0149; resource pool configured for the communicating UEs and used for PRS); and
perform, by the wireless device, a sidelink communication according to the one or more SL PRSs (paragraphs 0106, 0121, 0125-0136, 0172, amongst others; wherein an initiator UE communicates with a receiving UE, transmitting sidelink PRS);
wherein the one or more SL PRSs are associated with at least one of PSCCH, PSSCH, or the first information received by the wireless device (paragraphs 0125-0130; reference signals for SL positioning are associated to first stage and second stage SL control information which are multiplexed or carried in PSCCH/PSSCH),
wherein the sensing operation includes measuring at least one of a reference signal received power (RSRP) of PSSCH or RSRP of PSCCH (paragraphs 0075-0075, 0086; through sensing the UE decodes first stage SCI and measures corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS and the DMRS is carried in PSSCH/PSCCH).
Regarding claim 20 Farag discloses the apparatus of claim 18, wherein the one or more sidelink PRSs include a reference signal that is inside a set of sidelink resources (paragraphs 0121, 0141, 0145, 0149, 0178, 0182; configured sidelink resources used for PRS).
Regarding claim 21 Farag discloses the apparatus of claim 18, wherein the one or more sidelink PRSs include one or more sidelink PRSs indicated by the sidelink control information (paragraphs 0136-0178; SCI and SCI-P in relationship with PRSs).
Regarding claim 22 Farag discloses the apparatus of claim 21, wherein the one or more sidelink PRSs or the control information is at least partially inside a set of sidelink resources (figure 7; paragraphs 0136-0178; SCI/SCI-P and PRSs are within the configured sidelink resources as explained in paragraph 0080).
Regarding claim 23 Farag discloses the apparatus of claim 18, wherein the one or more sidelink PRSs include a sidelink reference signal configured with at least one of physical sidelink control channel (PSCCH) or physical sidelink shared channel (PSSCH) (paragraphs 0136-0178; the sidelink reference signal in relationship with PSCCH/PSSCH).
Regarding claim 25 Farag discloses the apparatus of claim 18, wherein the first information includes at least one of SPCI that indicates PRS (paragraph 0178; SCI-P indicating PRS), SCI that indicates PRS (paragraphs 0138-0170; SCIs indicating PRS), SCI transmitted on PSCCH to indicate PSSCH (paragraphs 0075-0076, 0086, 0141; first and second stage SCIs), or PRS (paragraphs 0141-0167; S-PRS).
Regarding claim 26 Farag discloses the method of claim 18, further comprising: selecting a sidelink communication resource (paragraph 0081, resource (re)selection); performing a sidelink data communication based the selected resource (paragraphs 0081-0082, table 1), wherein a time-domain length of a resource selection window does not exceed at least a delay or a period or the delay and the period of a periodic transmission indicated by at least one of: pre-configuration, radio resource control (RRC) signaling, medium access control (MAC) control element (MAC CE), sidelink control information (SCI) or downlink control information (DCI) (paragraphs 0081-0084, 0155, table 2; periodicity, packet budget and UE configuration provided by RRC/MAC CE/DCI).
Regarding claim 27 Farag discloses the method of claim 26, wherein the resource includes at least one of physical sidelink control channel (PSCCH) or physical sidelink shared channel (PSSCH) or SCI indicating PRS, SPCI or PRS (paragraphs 0086, 0155-0156; PSSCH/PSCCH/SCI).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farag in view of Ko (US Patent Application Publication 2023/0284242).
Regarding claim 11 Farag discloses the method of claim 1. Farag fails to explicitly disclose but Ko, in the same field of endeavor related to sidelink positioning, discloses wherein at least one of a channel busy ratio (CBR) or a channel occupancy ratio (CR) is used to determine whether the first information indicates a PRS (paragraphs 0254-0256; wherein sidelink CBR is used to determine sidelink PRS). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Farag with the teachings of Ko, in order to ensure positioning accuracy (Ko: paragraph 0009).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2024/0163835 to Thomas et al. – which discloses initiator UE 1105 transmits SL positioning control information to the responder UE 1201 (see messaging 1207). Here, the initiator UE 1105 may use sidelink control information (“SCI”) to send the SL positioning control information. At Step 4, the initiator UE 1105 transmits a set of one or more SL positioning reference signals based on a PRS type (see messaging 1209). Here, the SL positioning reference signals may be transmitted using Physical Sidelink Shared Channel (“PSSCH”).
US PGPUB 2023/0062805 to Baek et al. – which discloses sidelink positioning, and more particularly to a technology of transmitting a positioning reference signal (PRS) for sidelink positioning in a new radio-vehicle to everything (NR-V2X) system. A resource for positioning may include a resource for sidelink positioning control information (SPCI) indicating positioning control information and a PSFCH-PRS resource for PRS transmission as follows.
US PGPUB 2022/0416976 to Baek et al. – that discloses transmitting a positioning reference signal (PRS) required for sidelink positioning by being multiplexed with a feedback signal. System information and sidelink positioning control information (SPCI), necessary for performing SL positioning using the PSFCH, may be included in a system information block (SIB) transmitted through a PSBCH, 1st-stage SCI transmitted through a PSCCH, and/or a 2nd-stage SCI transmitted through a PSSCH.
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 Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at 571-272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
Prosecution Insights