DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In virtue of the communication filed on 08/06/2024 wherein claims 1-20 are pending of which claims 1, 13 are recited in independent form. The present Application claims Foreign Priority to KR10-2019-0004206 with a filing date of 01/11/2019 (a copy of which has been received on 08/09/2021) and KR10-2020-0002088 with filing date of 01/07/2020 (a copy of which has been received on 08/23/2024) and is a CONTINUATION of PCT/KR2020/000346 with a filing date of 01/08/2020 and 17/373187 (now US Pat. No. 12,088,420) with a filing date of 07/12/2021.
Claim Interpretation
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. For Example employing the broadest reasonable interpretation (BRI) in any claim reciting ‘and/or’ is ‘or’ under a BRI.
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.
Claims 1-20 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 claims 1 and 13 as amended the Examiner maintains that the claims as amended continue to include limitations which fail 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. Claims 1 and 13, recite the limitations “wherein layer-2 is an upper layer of the physical layer”. The language fails to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. The Applicant does not particularly point out which layers would be considered upper layers of the physical layer as which would fall outside the requirements of the limitations. The Examiner is unable to determine the exact metes and bounds of the limitations using the claim language. Additionally, the Applicant’s amendment only sets forth a physical layer but does not define what model, system or logical construct the layer pertains to. One of ordinary skill in the art would not be informed as to the metes and bounds of the claim which defines a layer-1 as a physical layer. The Examiner is aware of the OSI model which includes a physical layer but, absent claim limitations which define the claims as referring to the OSI model, the Examiner cannot import such limitations into the claims. Accordingly, further defining the layer-1 as a physical layer is insufficient 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. Similarly claim 1 also recites a Layer-2 ID, but fails to define what model, system or logical construct the layer pertains to. Further, the Applicant only sets forth that layer-2 is an “upper layer” but fails to adequately point out and distinctly claim what constitutes an “upper layer” and what does not. One of ordinary skill in the art would not be informed as to the metes and bounds of the claim which defines a layer-2 as a upper layer of the physical layer. The Examiner is aware of the OSI model which includes a physical layer but, absent claim limitations which define what layers constitute an upper layer of the physical layer, the Examiner cannot determine which layers would be considered upper layers of a physical layer and which would be excluded. Accordingly, further defining the layer21 as an upper layer of the physical layer is insufficient 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 limitations noted above are present in claims 1 and 13, accordingly claims 1 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Claims 2-12 and 14-20 depend from claims 1 and 13, and therefore, inherit the limitations noted above, and do not provide additional limitations which overcome the rejections noted above. Therefore claims 1-20 are rejected according to the reasoning set forth above.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,088,420 in view of U.S. Patent Application Publication US 20220416978(d1), U.S. Patent Application Publication US 20210306824(d2), and/or U.S. Patent Application Publication US 20210288778 (d3).
The limitations for the current Application correspond to the limitations of US Pat. No. 12,088,420 (hereinafter the patent), according to the table set forth below. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are found in their entirety within the bounds of the claims of the patent and/or are obvious over the art noted below. The limitations of the claims are mapped to limitations of claims 1-20 of the patent according to the mapping in the table below.
18795926
1. A first wireless user device comprising: at least one antenna configured to receive at least one wireless signal from at least one base station, wherein the at least one wireless signal is received via a downlink channel; at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, are configured to cause the first wireless user device to:
receive a radio resource control (RRC) signaling configuration indicating a sidelink (SL) identifier (ID) value;
determine, based on a least significant bit (LSB) part of a layer-2 ID, a layer-1 ID for SL communication, wherein layer-1 is a physical layer of a wireless communication system, and wherein layer-2 is an upper layer of the physical layer;
receive, from a second wireless user device and based on the layer-1 ID, at least one data packet via a physical sidelink shared channel (PSSCH);
generate an orthogonal sequence for a physical sidelink feedback channel (PSFCH) format, based on: the SL ID value;
and a cyclic hopping parameter; and
transmit, to the second wireless user device and based on the orthogonal sequence, SL feedback information via a PSFCH.
2. The first wireless user device of claim 1, wherein the layer-2 ID is used to identify at least one of: a unicast layer-2 link; or a groupcast layer-2 link.
3. The first wireless user device of claim 1, wherein the layer-2 ID comprises at least one of: a layer-2 source ID; or a layer-2 destination ID, and wherein the layer-1 ID comprises at least one of: a layer-1 source ID; or a layer-1 destination ID.
4. The first wireless user device of claim 3, wherein the instructions, when executed by the at least one processor, are configured to cause the first wireless user device to:
receive, from the second wireless user device, a physical sidelink control channel (PSCCH) transmission indicating control information associated with a scheduling of the PSSCH; receive, from the second wireless user device, sidelink control information (SCI), wherein an SCI format of the SCI indicates the layer-1 source ID and the layer-1 destination ID; and determine, based on receiving the at least one data packet via the PSSCH, at least one sidelink hybrid automatic repeat request (HARQ) feedback bit for PFSCH transmission.
5. The first wireless user device of claim 1, wherein an initialization value Cinit for generating the orthogonal sequence is determined based on the SL ID value.
6. The first wireless user device of claim 1, wherein the layer-1 ID is used for filtering of packets at a physical layer of the first wireless user device, and wherein the layer-1 ID consists of T bits, and the layer-2 ID consists of X bits, where X is greater than T.
7. The first wireless user device of claim 1, wherein the SL feedback information comprises a SL hybrid automatic repeat request (HARQ) feedback information associated with the PSSCH.
8. The first wireless user device of claim 1, wherein the orthogonal sequence is generated further based on the cyclic hopping parameter, a group number of a sequence group of the orthogonal sequence, and a sequence number of the sequence group of the orthogonal sequence.
9. The first wireless user device of claim 8, wherein the group number of the sequence group of the orthogonal sequence is determined based on the SL ID value.
10. The first wireless user device of claim 9, wherein the group number of the sequence group is determined based on nIDSLmod30, where the SL ID value is nIDSL, and wherein the sequence number within the sequence group is set to zero.
11. The first wireless user device of claim 1, wherein the cyclic hopping parameter is determined based on a value that is determined based on a groupcast link ID.
12. The first wireless user device of claim 11, wherein the layer-1 ID comprises at least one of: a layer-1 source ID; or a layer-1 destination ID, and wherein the groupcast link ID is based on at least one of: the layer-1 source ID; or a group member ID within a group.
13. A first wireless user device comprising: at least one antenna configured to receive at least one wireless signal from at least one base station, wherein the at least one wireless signal is received via a downlink channel; at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, are configured to cause the first wireless user device to:
receive a radio resource control (RRC) message indicating a sidelink (SL) identifier (ID) value,
wherein layer-1 is a physical layer of a wireless communication system, and wherein layer-2 is an upper layer of the physical layer;
determine, based on a least significant bit (LSB) part of a layer-2 source ID, a layer-1 source ID;
determine, based on a least significant bit (LSB) part of a layer-2 destination ID, a layer-1 destination ID;
receive, from a second wireless user device and based on the layer-1 destination ID, at least one data packet via a physical sidelink shared channel (PSSCH);
generate an orthogonal sequence for a physical sidelink feedback channel (PSFCH) format, based on: the SL ID value; and the layer-1 source ID; and
transmit, to the second wireless user device and based on the orthogonal sequence, SL feedback information via a PSFCH.
14. The first wireless user device of claim 13, wherein the orthogonal sequence is generated further based on a cyclic hopping parameter, a group number of a sequence group of the orthogonal sequence, and a sequence number of the sequence group of the orthogonal sequence.
15. The first wireless user device of claim 14, wherein the group number of the sequence group is determined based on nIDSLmod30, where the SL ID value is nIDSL, and wherein the sequence number within the sequence group is set to zero.
16. The first wireless user device of claim 14, wherein the cyclic hopping parameter α is determined based on a value that is determined based on the layer-1 source ID.
17. The first wireless user device of claim 13, wherein the instructions, when executed by the at least one processor, are configured to cause the first wireless user device to:
receive, from the second wireless user device, a physical sidelink control channel (PSCCH) transmission indicating control information associated with a scheduling of the PSSCH; receive, from the second wireless user device, sidelink control information (SCI), wherein an SCI format of the SCI indicates the layer-1 source ID and the layer-1 destination ID; and determine, based on receiving the at least one data packet via the PSSCH, at least one sidelink hybrid automatic repeat request (HARQ) feedback bit for PFSCH transmission.
18. The first wireless user device of claim 13, wherein an initialization value Cinit of the orthogonal sequence is determined based on the SL ID value.
19. The first wireless user device of claim 13, wherein the SL feedback information comprises a SL hybrid automatic repeat request (HARQ) feedback information associated with the at least one data packet transmitted via the PSSCH.
20. The first wireless user device of claim 13, wherein a sequence group number of the orthogonal sequence is determined based on the SL ID value.
Pat. No. 12088420
1. A method comprising:
receiving, by a first wireless user device, a radio resource control (RRC) signaling configuration indicating a sidelink (SL) identifier (ID) value;
determining, based on a least significant bit (LSB) part of a layer-2 ID, a layer-1 ID for SL communication, wherein layer-1 is a physical layer of a wireless communication system, wherein layer-2 is an upper layer of the physical layer,
and wherein the upper layer comprises a medium access control (MAC) layer;
receiving, from a second wireless user device and based on the layer-1 ID, at least one data packet via a physical sidelink shared channel (PSSCH);
generating an orthogonal sequence for a physical sidelink feedback channel (PSFCH) format, based on: the SL ID value;
and a cyclic hopping parameter; and
transmitting, to the second wireless user device and based on the orthogonal sequence, SL feedback control information (SFCI) via a PSFCH.
2. The method of claim 1, wherein the layer-2 ID is used to identify at least one of: a unicast layer-2 link; or a groupcast layer-2 link.
3. The method of claim 1, wherein the layer-2 ID comprises at least one of: a layer-2 source ID; or a layer-2 destination ID, and wherein the layer-1 ID comprises at least one off a layer-1 source ID; or a layer-1 destination ID.
4. The method of claim 3, further comprising:
receiving, from the second wireless user device, a physical sidelink control channel (PSCCH) transmission indicating control information associated with a scheduling of the PSSCH; receiving, from the second wireless user device, sidelink control information (SCI), wherein an SCI format of the SCI indicates the layer-1 source ID and the layer-1 destination ID; and determining, based on the receiving the at least one data packet via the PSSCH, at least one sidelink hybrid automatic repeat request (HARQ) feedback bit for PFSCH transmission.
5. The method of claim 1, wherein an initialization value Cinit for generating the orthogonal sequence is determined based on the SL ID value.
6. The method of claim 1, wherein the SL-layer-1 ID is used for filtering of packets at a physical layer of the first wireless user device, and wherein the layer-1 ID consists of T bits, and the layer-2 ID consists of X bits, where X is greater than T.
7. The method of claim 1, wherein the SFCI comprises a SL hybrid automatic repeat request (HARQ) feedback information associated with the PSSCH.
8. The method of claim 1, wherein the orthogonal sequence is generated further based on the cyclic hopping parameter, a group number of a sequence group of the orthogonal sequence, and a sequence number of the sequence group of the orthogonal sequence.
9. The method of claim 8, wherein the group number of the sequence group of the orthogonal sequence is determined based on the SL ID value.
10. The method of claim 9, wherein the group number of the sequence group is determined based on n.sub.ID.sup.SL mod 30, where the SL ID value is n.sub.ID.sup.SL, and wherein the sequence number within the sequence group is set to zero.
11. The method of claim 1, wherein the cyclic hopping parameter is determined based on a value that is determined based on a groupcast link ID.
12. The method of claim 11, wherein the SL-layer-1 ID comprises at least one of: a layer-1 source ID; or a layer-1 destination ID, and wherein the groupcast link ID is based on at least one of: the layer-1 source ID; or a group member ID within a group.
13. A method comprising:
receiving, by a first wireless user device, a radio resource control (RRC) message indicating a sidelink (SL) identifier (ID) value;
wherein layer-1 is a physical layer of a wireless communication system, wherein layer-2 is an upper layer of the physical layer
determining, based on a least significant bit (LSB) part of a layer-2 source ID, a layer-1 source ID,
and wherein the upper layer comprises a medium access control (MAC) laver;
determining, based on a least significant bit (LSB) part of a layer-2 destination ID, a layer-1 destination ID;
receiving, from a second wireless user device and based on the layer-1 destination ID, at least one data packet via a physical sidelink shared channel (PSSCH);
generating an orthogonal sequence for a physical sidelink feedback channel (PSFCH) format, based on: the SL ID value; and the layer-1 source ID; and
transmitting, to the second wireless user device and based on the orthogonal sequence, SL feedback control information (SFCI) via a PSFCH.
14. The method of claim 13, wherein the orthogonal sequence is generated further based on a cyclic hopping parameter, a group number of a sequence group of the orthogonal sequence, and a sequence number of the sequence group of the orthogonal sequence.
15. The method of claim 14, wherein the group number of the sequence group is determined based on n.sub.ID.sup.SL mod 30, where the SL ID value is n.sub.ID.sup.SL, and wherein the sequence number within the sequence group is set to zero.
16. The method of claim 14, wherein the cyclic hopping parameter is determined based on a value that is determined based on the layer-1 source ID.
17. The method of claim 13, further comprising:
receiving, from the second wireless user device, a physical sidelink control channel (PSCCH) transmission indicating control information associated with a scheduling of the PSSCH; receiving, from the second wireless user device, sidelink control information (SCI), wherein an SCI format of the SCI indicates the layer-1 source ID and the layer-1 destination ID; and determining, based on the receiving the at least one data packet via the PSSCH, at least one sidelink hybrid automatic repeat request (HARQ) feedback bit for PFSCH transmission.
18. The method of claim 13, wherein an initialization value Cinit of the orthogonal sequence is determined based on the SL ID value.
19. The method of claim 13, wherein the SFCI comprises a SL hybrid automatic repeat request (HARQ) feedback information associated with the at least one data packet transmitted via the PSSCH.
20. The method of claim 13, wherein a sequence group number of the orthogonal sequence is determined based on the SL ID value.
It is noted that the sections of the column US PAT No. 12,088,420 (wherein the corresponding limitations are aligned along the horizontal axis. The Examiner notes the differences in the claims of the present Application of current application with respect to the patent are obvious from the patent. Additionally, the differences are clearly obvious from the disclosure at least from U.S. Patent Application Publication US 20220416978(d1), U.S. Patent Application Publication US 20210306824(d2), and/or U.S. Patent Application Publication US 20210288778 (d3).
D1 is directed toward a method of data transmission includes detecting, by a base station, at least one of a plurality of aggregated time slots configured as a downlink (DL) time slot, determining whether to bundle plurality of demodulation reference signals (DMRSs), transmitting, to a user equipment (UE), a downlink control message (DCI) in the DL time slot, waiting, by the base station, for a time duration corresponding to a length of at least one symbol as a first indication gap, receiving, from the UE, the plurality of bundled DMRSs and performing channel estimation based on the bundled DMRSs. D2 relates to methods, systems, and devices may assist in broadcast, multicast, or unicast on sidelink for 5G eV2X. The following mechanisms for broadcast, multicast, or unicast on sidelink for Vehicle to everything (V2X). Broadcast on sidelink may include methods, systems, or devices for broadcast occasions or monitoring window. Multicast on sidelink may include methods, systems, or devices for multicast occasions or group ID. Unicast on sidelink may include methods, systems, or devices for unicast occasions, UE ID, transmitter initiated transmission, or receiver initiated. Methods, systems, or devices may use communication occasions for platooning. D3 describes a method of performing, by a terminal, a Hybrid Automatic Repeat and Request (HARQ) feedback procedure in a new radio (NR) vehicle-to-everything (V2X) system may include receiving sidelink (SL) data from a transmitting (Tx) terminal, determining a PSFCH resource including feedback information about the received sidelink data, and transmitting a PSFCH to the Tx terminal through the determined PSFCH resource.
Therefore, the differences between the current application and the patent are obvious at least from d1, d2, d3 in the sections noted above. As a result, claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,088,420.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN SCOTT TAYLOR whose telephone number is (571)270-3189. The examiner can normally be reached on Mon. - Thurs. 9:00-4:00.
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/NATHAN S TAYLOR/ Primary Examiner, Art Unit 2643
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