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 Amendment
Applicant’s amendment, 28 August 2026, has been entered and carefully considered.
Claims 1-4, 8-10 and 12-17 are amended.
Claims 6, 7, 19 and 20 are canceled.
Claims 1-5 and 8-18 are currently pending.
The outstanding rejection of Claims 1-5 and 8-18 under 35 U.S.C. 103 is withdrawn in light of Applicant’s amendment to Claims 1, 8 and 14.
Response to Arguments
Applicant's arguments filed 28 August 2026 regarding Claim 1 have been fully considered but they are not persuasive. Citations to Applicant’s specification are taken from the instant application’s pre-grant publication (2024/0365289). Applicant states the following (refer to page 10 of the response:
“Furthermore, to the extent the Office attempts to equate 3GPP's disclosure of "sl- Thres-RSRP-List," with the recited "a threshold value indicating a number of candidate resources for the sensing procedure," Applicant respectfully disagrees. 3GPP merely discloses that the "internal parameter Th(pᵢ, pi) is set to the corresponding value of RSRP threshold indicated by the i-th field in sl-Thres-RSRP-List…in3GPP, sl-Thres-RSRP-List is an RSRP threshold. However, in the present claims, the "threshold value" indicates a "number of candidate resources." At no point does 3GPP disclose or suggest that the RSRP threshold indicates a "number of candidate resources."
The Office respectfully disagrees. Paragraph 0266 of the specification describes the threshold as follows: “A parameter sl-ThresPSSCH-RSRP-List in the field may indicate a list of 64 thresholds.” As 3GPP discloses the same variable (a higher layer parameter providing an RSRP threshold for each combination
p
i
,
p
j
, where
p
i
is the value of the priority field in a received SCI format 1-A and
p
j
is the priority of the transmission of the UE selecting resources) indicating the same information as contemplated by Applicant, the Office submits that this reads on the threshold indicating a number of candidate resources for the sensing procedure. The remainder of Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Terminal Disclaimer
The terminal disclaimer filed on 28 August 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of United States Patent 12,047,917 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8 September 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 8-18 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TS 38.214 V 16.3.0, hereinafter 3GPP, in view of Lee (United States Pre-Grant Publication 20230300799).
Regarding Claim 1, 3GPP discloses a wireless device (clause 8.1.4 – UE) with configuration parameters indicating: a sensing window of a sensing procedure (clause 8.1.4 - sl-SensingWindow: internal parameter
T
0
is defined as the number of slots corresponding to sl-SensingWindow ms); and a threshold value indicating a number of candidate resources for the sensing procedure (clause 8.1.4 - sl-ThresPSSCH-RSRP-List: this higher layer parameter provides an RSRP threshold for each combination
p
i
,
p
j
, where
p
i
is the value of the priority field in a received SCI format 1-A and
p
j
is the priority of the transmission of the UE selecting resources); and transmit one or more sidelink transmissions via one or more resources of the second candidate resource set (clause 8.1.4 – the UE selects a single-slot resource for transmission by performing the disclosed steps (based on the sensing window and threshold value).
However, 3GPP does not disclose the wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive the one or more configuration parameters indicating a first window of a first sensing procedure, a second sensing window of a second sensing procedure, determine based on sensing within the first sensing window, a first remaining candidate resource set from a first candidate resource set; or initialize, for the second sensing procedure using the second sensing window, a second candidate resource set to the first remaining candidate resource set based on a number of candidate resources in the first remaining candidate resource set being greater than the threshold value. In analogous art, Lee discloses this. Specifically, Lee discloses, at Figure 21, a device comprising a memory (memory unit 130) and processor (control unit 120). Further, as described at Figure 14 and paragraph 0233, multiple resource pools may be configured or pre-configured for a UE. For example, multiple resource pools may be multiple mode 1 resource pools. For example, in step S1410, the base station may transmit information related to the multiple resource pools to the UE. The UE can utilize multiple sensing windows, as shown in Figures 15 and 16. As described in paragraph 0307, in step S1610, the first device may perform a first sensing within a first sensing window. In step S1620, the first device may select a first sidelink (SL) resource on a first slot and a second SL resource on a second slot based on the first sensing. In step S1630, the first device may determine a second sensing window based on a request of a pre-emption check for the second SL resource. In step S1640, the first device may determine a plurality of candidate resources based on the second sensing performed within the second sensing window. For example, based on the first slot not being monitored by the first device, the second SL resource on the second slot may be excluded from the plurality of candidate resources based on at least one resource reservation period value configured for a resource pool. In step S1650, the first device may determine, based on the second SL resource being excluded from the plurality of candidate resources, whether or not to perform pre-emption-based resource reselection for the second SL resource excluded from the plurality of candidate resources based on a priority value related to a first medium access control (MAC) protocol data unit (PDU). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP and Lee. One would have been motivated to do so in order to allow the UE to manage reselection of periodically reserved resources (refer to paragraph 0007 of Lee).
Regarding Claim 8, 3GPP discloses one or more configuration parameters for one or more sidelink resource pools, wherein the one or more configuration parameters indicate: a sensing window of a sensing procedure for one or more sidelink transmissions, by the wireless device, via the one or more sidelink resource pools (clause 8.1.4 - sl-SensingWindow: internal parameter
T
0
is defined as the number of slots corresponding to sl-SensingWindow ms; the sensing window is defined by the range of slots [
n
–
T
0
,
n
–
T
p
r
o
c
,
0
S
L
) where
T
0
is defined above and
T
p
r
o
c
,
0
S
L
is defined in slots in Table 8.1.4-1 where
μ
S
L
is the SCS configuration of the SL BWP. The UE shall monitor slots which can belong to a sidelink resource pool within the sensing window except for those in which its own transmissions occur); and a threshold value indicating a number of candidate resources for the sensing procedure (clause 8.1.4 - sl-ThresPSSCH-RSRP-List: this higher layer parameter provides an RSRP threshold for each combination
p
i
,
p
j
, where
p
i
is the value of the priority field in a received SCI format 1-A and
p
j
is the priority of the transmission of the UE selecting resources).
However, 3GPP does not disclose a base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit, to a wireless device, one or more configuration parameters for one or more sidelink resource pools; first and second sensing windows and sensing procedures, or a first remaining candidate resource set from a first candidate resource set based on sensing within the first sensing window; and for the second sensing procedure using the second sensing window, a second candidate resource set initialized to the first remaining candidate resource set based on a number of candidate resources in the first remaining candidate resource set being greater than the threshold value.
In analogous art, Lee discloses this. Specifically, Lee discloses, at Figure 18 and paragraphs 0330-0331, a device comprising a memory (memory 104) and processor (processor 102). Further, as described at Figure 14 and paragraph 0233, multiple resource pools may be configured or pre-configured for a UE. For example, multiple resource pools may be multiple mode 1 resource pools. For example, in step S1410, the base station may transmit information related to the multiple resource pools to the UE. The UE can utilize multiple sensing windows, as shown in Figures 15 and 16. As described in paragraph 0307, in step S1610, the first device may perform a first sensing within a first sensing window. In step S1620, the first device may select a first sidelink (SL) resource on a first slot and a second SL resource on a second slot based on the first sensing. In step S1630, the first device may determine a second sensing window based on a request of a pre-emption check for the second SL resource. In step S1640, the first device may determine a plurality of candidate resources based on the second sensing performed within the second sensing window. For example, based on the first slot not being monitored by the first device, the second SL resource on the second slot may be excluded from the plurality of candidate resources based on at least one resource reservation period value configured for a resource pool. In step S1650, the first device may determine, based on the second SL resource being excluded from the plurality of candidate resources, whether or not to perform pre-emption-based resource reselection for the second SL resource excluded from the plurality of candidate resources based on a priority value related to a first medium access control (MAC) protocol data unit (PDU). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP and Lee. One would have been motivated to do so in order to allow the UE to manage reselection of periodically reserved resources (refer to paragraph 0007 of Lee).
Claim 14 is directed to a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device, cause the wireless device to perform the same steps as the wireless device of Claim 1. Noting that Lee discloses a device comprising a memory (memory unit 130 in Figure 21), Claim 14 is rejected for the same reasoning as presented above for Claim 1.
Regarding Claims 2, 9 and 15, the combination of 3GPP and Lee discloses wherein the second sensing window is for a resource selection procedure (clause 8.1.4 of 3GPP – the UE determines the subset of resources from which the higher layer will select resources for PSSCH/PSCCH transmission; Lee at Figures 15 and 16 discloses the second sensing window related to SL resources). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine 3GPP and Lee. One would have been motivated to do so in order to allow the UE to manage reselection of periodically reserved resources (refer to paragraph 0007 of Lee).
Regarding Claims 3, 10 and 16, the combination of 3GPP and Lee discloses wherein the second sensing window is for re-evaluation of one or more first resources of the first candidate resource set (clause 8.1.4 of 3GPP – the step of evaluation iterates back to an initialization for evaluation of candidate single-slot resources; refer to pages 153-154 at steps 4 and 7; Lee at Figures 15 and 16 discloses the second sensing window related to SL resources). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine 3GPP and Lee. One would have been motivated to do so in order to allow the UE to manage reselection of periodically reserved resources (refer to paragraph 0007 of Lee).
Regarding Claims 4 and 17, the combination of 3GPP and Lee discloses wherein initializing the second candidate resource set is based on the first sensing window (clause 8.1.4 of 3GPP at steps 1-7 – the UE monitors slots in a sidelink resource pool within the sensing window in order to evaluate candidate single-slot resources; Lee at Figure 16 and paragraph 0307 - the first device may select a first sidelink (SL) resource on a first slot and a second SL resource on a second slot based on the first sensing). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine 3GPP and Lee. One would have been motivated to do so in order to allow the UE to manage reselection of periodically reserved resources (refer to paragraph 0007 of Lee).
Regarding Claims 5, 11 and 18, 3GPP discloses wherein the one or more configuration parameters further indicate a selection window (clause 8.1.4 - sl-SelectionWindowList: internal parameter T2min is set to the corresponding value from higher layer parameter sl-SelectionWindowList for the given value of prioTX).
Regarding Claim 12, 3GPP discloses wherein the one or more configuration parameters further indicate a set of possible resource reservation periods allowed in the one or more sidelink resource pools (clause 8.1.4 – the resource reservation interval,
P
rsvp_TX
, if provided, is converted from units of ms to units of logical slots, resulting in
P
rsvp
_
TX
'
).
Regarding Claim 13, 3GPP discloses wherein the one or more configuration parameters further indicate whether sidelink pre-emption is disabled or enabled in the one or more sidelink resource pools (clause 8.1.4 - sl-PreemptionEnable: if sl-PreemptionEnable-r16 is provided, and if it is not equal to 'enabled', internal parameter
p
r
i
o
p
r
e
is set to the higher layer provided parameter sl-PreemptionEnable).
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 ANDREW W. CHRISS whose telephone number is (571)272-1774. The examiner can normally be reached Monday-Friday, 8am-4pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Bates can be reached at (571) 272-3980. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW W CHRISS/Primary Examiner, Art Unit 2472
