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 .
DETAILED ACTION
Claims 1, 3-6, 8-10 and 12-13 are presented for examination. Claims 2, 7 and 11 are canceled.
Response to Arguments
Applicant's arguments filed 9/10/2026 have been fully considered but they are not persuasive.
In the remark, applicant argued (1) Cai does not disclose available resource in any manner. The pages in 0189 does not use the terms “available resources”, “resource,” “subchannel,” or any other resource-related terminology. The characterization of the 11:25-11:35 union interval as including “all available resources…hence the highest number of available resources” does not appear in Cai and cannot be derived from the quoted text. Even if the 11:25-11:35 union interval were treated as corresponding to available resources, the claimed limitation still would not be disclosed.
Examiner traverse the argument:
As to point (1), Cai in paragraphs 0121-0122 discloses to select or allocate resources for sidelink communications (pp. 0121: a resource used for sidelink communication between terminal devices is referred to as a sidelink resource, or may be referred to as a resource or a transmission resource for short. The sidelink resource may include a sidelink resource in frequency domain and a sidelink resource in time domain). In another words, the sidelink communications are associated with corresponding transmission resources and receiving resources. Cai in paragraph 0189 teaches that three separate second terminal devices performing sidelink communication with the first terminal device with the 1st second terminal device having a sidelink DRX active time of 11:25-11:30; 2nd second terminal device having a sidelink DRX active time of 11:28-11:32 and 3rd second terminal device having a sidelink DRX active time of 11:31-11:35. This shows that each sidelink communication between each second terminal device and the first terminal device have corresponding resources and activation time. In another word, each activation time is based on the resources of the sidelink communication according to paragraph 0121. Cai then further teaches in paragraph 0189 that with an intersection set or a union set of sidelink active time of at least two second terminal devices (any two or all three second terminal devices), the active time may have 11:25 to 11:30, 11:25 to 11:35, 11:30 to 11:31, 11:31 to 11:35, 11:28 to 11:35, 11:25 to 11:28, 11:28 to 11:30, 11:31 to 11:32, or 11:32 to 11:35. It is easily noticeable that this list of active time are based on different combination of the 1st, 2nd, and/or 3rd second terminal device with their corresponding resources (11:25 to 11:30 (active time of 1st and 2nd second terminal device), 11:25 to 11:35 (1st, 2nd and/or 3rd), 11:30 to 11:31 (1st, 2nd and/or 3rd), 11:31 to 11:35 (2nd and 3rd), 11:28 to 11:35 (1st, 2nd and/or 3rd), 11:25 to 11:28 (1st and 2nd), 11:28 to 11:30 (1st and 2nd), 11:31 to 11:32 (2nd and 3rd), or 11:32 to 11:35 (2nd and 3rd)). Since Cai teaches that various combination of the sidelink communications using their corresponding resources may results in different active times, Cai’s teaching meets the claimed limitation of “the target activation time is determined based on the number of available resources included in the activation time”.
In addition, Examiner’s explanation in claim 3 rejection of “the target active time of 11:25 to 11:35 includes all available resources of each of the active time of the devices, hence is the highest number of available resources” stands since all three second terminal devices’ resources are associated with this determined active time.
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 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 5-6, 8, 10, 12-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cai et al (Cai), US 2023/0319951.
As per claim 1, Cai teaches the invention including a method for wireless communication, comprising:
Receiving, by a first device, multiple first messages, wherein the multiple first messages correspond to activation times of multiple second devices (pp. 0186-0189);
Selecting, by the first device, a target activation time from the multiple activation times (pp. 0189-0191); and
Sending, by the first device, lateral data on time frequency resources within the target activation time (pp. 0121, 0144, 0188-0193);
wherein the target activation time is determined based on the number of available resources included in the activation times (pp. 0189: the target active time of 11:25 to 11:35 includes all available resources of each of the corresponding active time of the devices).
As per claim 3, Cai teaches the invention as claimed in claim 1. Cai further teaches wherein the target activation time is the activation time with the highest number of available resources among the multiple activation times (pp. 0189: the target active time of 11:25 to 11:35 includes all available resources of each of the active time of the devices, hence is the highest number of available resources).
As per claim 5, Cai teaches the invention as claimed in claim 1. Cai further teaches wherein the target activation time is one of the multiple activation times (pp. 0189: 11:25 to 11:30).
As per claim 6, Cai teaches the invention including a wireless communication device, comprising:
A transceiver (figures 3 and 6; the devices including the ability to transmit and receive inherently includes a transceiver); and
A processor (pp. 0093, 0517, 0519), coupled to the transceiver, wherein the processor is configured to:
Receive, via the transceiver, multiple first messages, wherein the multiple first messages correspond to activation times of multiple second devices (pp. 0186-0189);
select a target activation time from the multiple activation times (pp. 0189-0191); and
send lateral data on time frequency resources within the target activation time (pp. 0121, 0144, 0188-0193);
wherein the target activation time is determined based on the number of available resources included in the activation times (pp. 0189: the target active time of 11:25 to 11:35 includes all available resources of each of the corresponding active time of the devices).
As per claim 8, Cai teaches the invention as claimed in claim 6. Cai further teaches wherein the target activation time is the activation time with the highest number of available resources among the multiple activation times (pp. 0189: the target active time of 11:25 to 11:35 includes all available resources of each of the active time of the devices, hence is the highest number of available resources).
As per claim 10, Cai teaches the invention as claimed in claim 6. Cai further teaches wherein the target activation time is one of the multiple activation times (pp. 0189: 11:25 to 11:30).
As per claim 12, Cai teaches the invention including a microchip (pp. 0093, 0523, 0528), comprising a processor for calling a program from a memory to enable a device equipped with the microchip to execute the method according to claim 1 (see claim 1 rejection above).
As per claim 13, Cai teaches the invention including a non-transitory computer-readable storage medium (pp. 0094, 0527), storing a program which enables a processor in a computer to execute the method according to claim 1 (see claim 1 rejection above).
Claim Rejections - 35 USC § 103
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.
Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cai et al (Cai), US 2023/0319951, in view of obviousness.
As per claim 4, Cai teaches the invention as claimed in claim 1. Cai does not specifically teach to further comprise:
Sensing, by the first device, the time frequency resource within the target activation time to determine the targe time frequency resources; and
Wherein sending, by the first device, lateral data on the time frequency resources within the target activation time comprises:
Sending, by the first device, lateral data on the target time frequency resource.
However, Cai disclosed for the terminal device to determine a time domain resource and a frequency domain resource based on the received SCI, which indicates DRX active time (pp. 0144, 0146-0149). It is obvious to determine a time domain resource and a frequency domain resource from a received active time that is selected as the target activation time (pp. 0189: target activation time of 11:25 to 11:30 is of the active time 11:25 to 11:30 of 1st second device) and utilize the determined resource for transmission. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Cai and further select a target activation time that is identical to a device’s activation time and use the associated time frequency resource of the activation time to transmit data.
As per claim 9, Cai teaches the invention as claimed in claim 6. Cai does not specifically teach to further comprise:
Where the processor is further configured to:
sense the time frequency resource within the target activation time to determine the targe time frequency resources; and wherein in sending, via the transceiver, the lateral data on the time frequency resources within the target activation time, the processor is configured to:
Send, via the transceiver, the lateral data on the target time frequency resource.
However, Cai disclosed for the terminal device to determine a time domain resource and a frequency domain resource based on the received SCI, which indicates DRX active time (pp. 0144, 0146-0149). It is obvious to determine a time domain resource and a frequency domain resource from a received active time that is selected as the target activation time (pp. 0189: target activation time of 11:25 to 11:30 is of the active time 11:25 to 11:30 of 1st second device) and utilize the determined resource for transmission. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Cai and further select a target activation time that is identical to a device’s activation time and use the associated time frequency resource of the activation time to transmit data.
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 KENNY S LIN whose telephone number is (571) 272-3968.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
KENNY S. LIN
Examiner
Art Unit 2416
/Kenny S Lin/
Primary Examiner, Art Unit 2416
September 24, 2026
