DETAILED ACTION
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 1, 6 and 11 are objected to because of the following informalities:
In claims 1, 6 and 11: SL, BWP and DCI acronyms should be in parenthesis when used next to their expanded form.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,035,294. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-15 of the patent anticipate claims 1-15 of present application as shown in the table below.
Present Application
USPN 12,035,294
Claim 1
Claim 1
Claim 2
Claim 2
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claim 5
Claim 6
Claim 11
Claim 7
Claim 14
Claim 8
Claim 15
Claim 9
Claim 12
Claim 10
Claim 13
Claim 11
Claim 6
Claim 12
Claim 7
Claim 13
Claim 8
Claim 14
Claim 9
Claim 15
Claim 10
Allowable Subject Matter
Claims 1-15 are allowed over prior art.
The following is an examiner’s statement of reasons for allowance:
Regarding claims 1, 6 and 11, Chen et al. (EP 3457747) teaches receiving one or more pieces of sidelink SL carrier configuration information sent by a radio access network device, wherein the SL carrier configuration information comprises bandwidth part BWP configuration information, the BWP configuration information comprises one or more resource pools, and one resource pool comprises one or more subchannels [Para 89-91].
However, Chen does not teach receiving downlink control information DCI sent by the radio access network device, wherein the DCI comprises first indication information, the first indication information is used to indicate a time-frequency resource on a first SL carrier in one or more SL carriers, and the first SL carrier is an SL carrier scheduled by the radio access network device; and sending data to the second terminal on the time-frequency resource based on the first indication information.
Above taken with other limitations from the claims and dependent claims is considered novel and non-obvious.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chae et al. (USPN 11,510,179) teaches selecting multiple resources from frequency resources e.g. carrier and bandwidth part, by a terminal based on continuity of each frequency resource, channel busy ratio of consecutive frequency resources and maximum power reduction when measured signal strength i.e. side link received signal strength indicator, is equal to or less than a preset value.
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/Chandrahas B Patel/ Primary Examiner, Art Unit 2464
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