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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) was/were submitted on 8/6/24. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claim Objections
Claim(s) 31-32 is/are objected to because of the following informalities: change “means” in line 1 to “the means” since there is “further configured”. Appropriate correction is required.
Claim(s) 44-45 is/are objected to because of the following informalities: de-indent one time the limitation starting with excluding/exclude. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
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.
Claim(s) 26-43 is/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.
Regarding claim 28, it is unclear how the relative location is or comprise a distance. Generally, a location/position is not or does not comprise any sort of distance. Claim 29 fail to resolve the deficiency of claim 28 and is thus rejected under similar rationale.
Claim limitation “means for: determining a reserved resource for a first transmission” “determining, from a set of candidate resources for a second transmission, at least one candidate resource”, “determining a relative location, in frequency, of the at least one candidate resource” and “excluding the at least one candidate resource from the set of candidate resources for the second transmission…” of claim 26, “determining the first carrier frequency”, “determining a first overlap”, and “determining the resource exclusion threshold….” of claim 30, “determining a first image frequency…”, “determining a second overlap…”, and “determining the resource exclusion threshold…” of claim 31, “determining a third overlap” and “determining the resource exclusion threshold…” of claim 32, “determining a second image frequency”, “determining a fourth overlap”, and “determining the resource exclusion…the fourth overlap” of claim 33, “determining a second received signal strength” and “determining the resource exclusion threshold…” of claim 38, “determining a ratio…and an initial number of candidate resources in the set of candidate resources” of claim 43 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification indicates that the means is computer/processor implemented (e.g., see ¶ 96 and/or ¶ 223 of the published specification) and as such requires algorithm(s) in conjunction with computer/processor to implement the above functions. After a review of the specification, the specification appears to merely repeat what is claimed, which is/are insufficient algorithm(s). Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claims 27-43 fails to resolve the deficiency of claim 26 and are thus rejected under similar rationale.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Allowable Subject Matter
Claim 26 would be allowable if Applicant provides, in the specification, sufficient algorithm(s) for the means plus function limitations cited above to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 27 and 30-43 would be allowable if Applicant provides, in the specification, sufficient algorithm(s) for the means plus function limitations cited above to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 44-45 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: for claim 44, US 20260059559 discloses a method comprising: determining, with a user equipment, a reserved resource for a first transmission and a received signal strength associated with the reserved resource (abstract, A first terminal device receives first sidelink control information (SCI) from a second terminal device, where the first SCI indicates a first resource. The first terminal device determines, based on first reference signal received power (RSRP)…The first RSRP corresponds to the first SCI; ¶ 77, UE may measure SL-reference signal received power (RSRP) corresponding to the SCI. If the measured SL-RSRP is greater than an RSRP threshold, the UE determines, based on a resource reserved by using the SCI; ¶ 73, UE also sends the SCI, to indicate a transmission resource); determining, from a set of candidate resources for a second transmission, at least one candidate resource (abstract, The first terminal device determines…whether to exclude a second resource from a candidate resource set; ¶ 8, transmission…on the second resource; ¶ 75, resource set A is a candidate resource set…for PSSCH transmission), wherein the at least one candidate resource at least partially overlaps in time with the reserved resource (abstract, the second resource includes a resource that shares a time domain position as the first resource), wherein the at least one candidate resource does not overlap in frequency with the reserved resource (abstract, the second resource includes a resource that…is adjacent to the first resource in a frequency domain position); and excluding the at least one candidate resource from the set of candidate resources for the second transmission in response to the received signal strength, associated with the reserved resource, being above a resource exclusion threshold (¶ 8, determining, based on the first RSRP and the first threshold list, whether to exclude the second resource from the candidate resource set includes: excluding the second resource from the candidate resource set when the first RSRP is greater than at least one threshold in the first threshold list. If the first RSRP is greater than the at least one threshold in the first threshold list, it indicates that transmission performed by the second terminal device on the second resource may cause interference to the first terminal device. Therefore, the first terminal device may exclude the second resource; ¶ 75, resource set A is a candidate resource set…for PSSCH transmission; abstract, The first RSRP corresponds to the first SCI; ¶ 77, UE may measure SL-reference signal received power (RSRP) corresponding to the SCI. If the measured SL-RSRP is greater than an RSRP threshold, the UE determines, based on a resource reserved by using the SCI). WO 2020/173536 discloses determining a relative location, in frequency, of the at least one candidate resource with respect to at least one of: the reserved resource, a first carrier frequency associated with the first transmission, or a second carrier frequency associated with the second transmission (abstract, exclude a candidate radio resource on the basis of a distance or relative location in the frequency domain between the candidate radio resource and a radio resource indicated and/or reserved by received sidelink control information (SCI)). However, US 20260059559 and WO 2020/173536, in single or combination, does not teach, suggest or provide rationale for, in view of other limitations within the same claim, “the resource exclusion threshold is based, at least partially, on the relative location of the at least one candidate resource”. Claim 45 recite similar limitations of claim 44 and thus similar reasoning applies for the indication of allowable subject matter of claim 45.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20250063583 discloses increasing RSRP threshold and exclusion of a resource from a candidate resource set based on RSRP being higher than a RSRP threshold.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER P CHAU whose telephone number is (571)270-7152. The examiner can normally be reached 9:30 A.M - 6 P.M. ET M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER P CHAU/Primary Examiner, Art Unit 2476
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