CTNF 18/770,999 CTNF 83643 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 20 August 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12,047,917 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in U.S. Patent No. 12,047,917 anticipate the claims of the instant application . Specifically, Claim 1 of the instant application is anticipated by Claim 1 of U.S. Patent No. 12,047,917 as shown in the table below. Claim 1 of instant application Claim 1 of U.S. Patent No. 12,047,917 A 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 one or more configuration parameters indicating: a sensing window of a sensing procedure; and a threshold value indicating a number of candidate resources for the sensing procedure; A 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 one or more first radio resource control (RRC) messages comprising configuration parameters indicating: …; a second sensing window of a second sensing procedure; and a threshold value indicating a number of candidate resources for the second sensing procedure select, using the sensing window, a second candidate resource set from a first candidate resource set based on a comparison of a number of candidate resources in the first resource set to the threshold value; and select, …, a second candidate resource set from the first selected candidate resource set based on a comparison of a number of candidate resources in the first selected resource set to the threshold transmit one or more sidelink transmissions via one or more resources of the second candidate resource set. and transmit the one or more sidelink transmissions via one or more resources of the second candidate resource set. The remaining claims of the instant application are anticipated by corresponding claims in U.S. Patent No. 12,047,917 as detailed in the table below. Claim of instant application Claim of U.S. Patent No. 12,047,917 2 2 3 3 4 4 5 5 6 19 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 1 (the wireless device comprises a memory) and 5 19 1 (the wireless device comprises a memory) and 19 20 1 (the wireless device comprises a memory) and 8 Claim Objections 07-29-01 AIA Claim s 6 and 19 are objected to because of the following informalities: the claim language “in response the number…” should be amended to “in response to the number…” . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim language recites (emphasis added) “ the second candidate resource set is selected from the first selected candidate resource set in response the number of candidate resources in the selected candidate resource set being greater than the threshold value.” However, it is not clear whether “the selected candidate resource set” refers back the first selected or second candidate resource set. For examination and search purposes, the Office will treat these claims as best understood. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-20 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 Mohammad Soleymani et al (United States Pre-Grant Publication 2023/0276474), hereinafter Soleymani . 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); select, using the sensing window, a second candidate resource set from a first candidate resource set based on a comparison of a number of candidate resources in the first resource set to the threshold value (clause 8.1.4 - The internal parameter T h ( p i , p j ) is set to the corresponding value of RSRP threshold indicated by the i -th field in sl-ThresPSSCH-RSRP-List-r16 , where i = p i + p j - 1 * 8 (step 3 of the disclosed steps; the RSRP measurement performed, according to clause 8.4.2.1 for the received SCI format 1-A, is higher than the threshold value T h p r i o R X , p r i o T X at step 6b of the disclosed steps); 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. In analogous art, Soleymani discloses this. Specifically, Soleymani discloses, at paragraph 0284, the computer system for the disclosed invention comprises a memory and a processor (Figure 13). Further, as described at paragraphs 0182-0183, the base station (e.g., gNB) provides a dedicated configuration to the UE(s), e.g., in SPS like, Configured grant type 1 to let the transceiver(s) (e.g., UE(s)) utilize the unused resources for their resource via the resource pool configuration (IE SL-ResourcePool) itself. The SL-ResourcePool contains sl-ThresPSSCH-RSRP-List-r16 and sl-SensingWindow (as shown on page 15). 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 Soleymani. One would have been motivated to do so in order to identify and utilize unused resources in case of in-coverage, out-of-coverage and partial coverage scenarios. 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. In analogous art, Soleymani discloses this. Specifically, Soleymani discloses, at paragraph 0284, the computer system for the disclosed invention comprises a memory and a processor (Figure 13). Further, as described at paragraphs 0182-0183, the base station (e.g., gNB) provides a dedicated configuration to the UE(s), e.g., in SPS like, Configured grant type 1 to let the transceiver(s) (e.g., UE(s)) utilize the unused resources for their resource via the resource pool configuration (IE SL-ResourcePool) itself. The SL-ResourcePool contains sl-ThresPSSCH-RSRP-List-r16 and sl-SensingWindow (as shown on page 15). 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 Soleymani. One would have been motivated to do so in order to identify and utilize unused resources in case of in-coverage, out-of-coverage and partial coverage scenarios. 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 Soleymani discloses digital storage mediums containing instructions to be executed by a processor (paragraphs 0285 and 0286), Claim 14 is rejected for the same reasoning as presented above for Claim 1. Regarding Claims 2, 9 and 15 , 3GPP discloses wherein the sensing window is for a resource selection procedure (clause 8.1.4 – the UE determines the subset of resources from which the higher layer will select resources for PSSCH/PSCCH transmission). Regarding Claims 3, 10 and 16 , 3GPP discloses wherein the sensing window is for re-evaluation of one or more first resources of the first candidate resource set (clause 8.1.4 – 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). Regarding Claims 4 and 17 , 3GPP discloses wherein the selecting of the second candidate resource set is based on the sensing window and a first sensing window for selecting the first candidate resource set (clause 8.1.4 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). 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 T 2min is set to the corresponding value from higher layer parameter sl-SelectionWindowList for the given value of prio TX ). Regarding Claims 6 and 20 , 3GPP discloses wherein the second candidate resource set is selected from the first selected candidate resource set in response the number of candidate resources in the selected candidate resource set being greater than the threshold value (clause 8.1.4 at step 6 – the UE excludes candidate resources if the RSRP measurement performed is higher than the threshold). Regarding Claims 7 and 20 , 3GPP discloses wherein the instructions further cause the wireless device to initialize the second candidate resource set to be the same as a remaining candidate resource set (clause 8.1.4 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, where the candidate set is initialized and evaluated in order to exclude resources that do not meet a provided criteria (i.e., selecting the resources that remain after the resources are excluded). 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 pool (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 pool (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 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Tang et al (United States Pre-Grant Publication 2020/0267523) discloses resource selection based on a sensing window and RSRP threshold (paragraphs 0061-0064). Huang et al (United States Pre-Grant Publication 2021/0314821) is directed to D2D sidelink resource selection. Farag (United States Pre-Grant Publication 2022/0030575) is directed to configuration and signaling of sidelink resources for inter-UE coordination. Wu et al (United States Pre-Grant Publication 2023/0362896) discloses sensing for UEs supporting sidelink DRX communication (refer to paragraph 0053). 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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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANDREW W CHRISS/Primary Examiner, Art Unit 2472 Application/Control Number: 18/770,999 Page 2 Art Unit: 2472 Application/Control Number: 18/770,999 Page 3 Art Unit: 2472 Application/Control Number: 18/770,999 Page 4 Art Unit: 2472 Application/Control Number: 18/770,999 Page 5 Art Unit: 2472 Application/Control Number: 18/770,999 Page 6 Art Unit: 2472 Application/Control Number: 18/770,999 Page 7 Art Unit: 2472 Application/Control Number: 18/770,999 Page 8 Art Unit: 2472
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