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 1-13 are presented for examination.
Information Disclosure Statement
The IDS filed on 8/12/2024 and 12/12/2025 are considered.
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 6-10 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.
Claim limitation “unit” in claims 6 and 9 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 term “unit” is modified by a word, which is ambiguous regarding whether it conveys structure or function. 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.
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.
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, 5-8, 10-13 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).
As per claim 2, Cai teaches the invention as claimed in claim 1. Cai further teaches 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 active time of the devices).
As per claim 3, Cai teaches the invention as claimed in claim 2. 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 receiving unit, configured to receive multiple first messages, wherein the multiple first messages correspond to activation times of multiple second devices (pp. 0186-0189);
A selecting unit, configured to select a target activation time from the multiple activation times (pp. 0189-0191); and
A sending unit, configured to send lateral data on time frequency resources within the target activation time (pp. 0121, 0144, 0188-0193).
As per claim 7, Cai teaches the invention as claimed in claim 6. Cai further teaches 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 active time of the devices).
As per claim 8, Cai teaches the invention as claimed in claim 7. 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 11, Cai teaches the invention including a communication device, comprising a memory and a processor, wherein the memory is configured to store a program (pp. 0093, 0517, 0519), and the processor is configured to call the program in the memory to execute the method according to claim 1 (see claim 1 rejection above).
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:
A sensing unit, configured to sense the time frequency resource within the target activation time to determine the targe time frequency resources; and
Wherein in sending lateral data on the time frequency resources within the target activation time, the sending unit is configured to:
Sending 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhao et al, WO2022/252213A1
Lu et al, WO2022/233048A1
Lee et al, WO2022/211584A1
Li et al, WO2022/205240A1
Liu et al, WO2022/037564A1
Ko et al, US2023/0389045
Park et al, US 2023/0363048
Zhang et al, US 2020/0245395
Lyu et al, EP4510769A1
A shortened statutory period for reply to this Office action is set to expire Three MONTHS from the mailing date of this 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.
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KENNY S. LIN
Examiner
Art Unit 2416
/Kenny S Lin/
Primary Examiner, Art Unit 2416
June 17, 2026
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