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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 08/27/2024 and 12/16/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 8-9 and 12-14 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.
For claim 9,
It recites “wherein the first sidelink control information and the second sidelink control information are two different pieces of sidelink control information.” However, before this limitation, the claim recites “wherein the at least one resource exclusion step comprises at least one of the following:…exclusion according to monitored first sidelink control information…exclusion according to monitored second sidelink control information; or…exclusion according to unmonitored time unit(s);”. The phrase “comprises at least on of…” combined with the use of “or” indicates that only one of these limitations is required by the claim. The limitation “wherein the first sidelink control information and the second sidelink control information are two different pieces of sidelink control information” requires both the first and second limitation as previously recited.
Therefore, claim 9 is indefinite because it is unclear if the limitation “wherein the first sidelink control information and the second sidelink control information are two different pieces of sidelink control information” is required by the claim because exclusion may be based on a first sidelink control information OR a second sidelink control information as indicated in the first and second limitations of this claim.
For claim 12,
It recites “a priority level value of data transmission of the second module being less than a priority level value of data transmission of the first module and/or less than a priority level threshold.” The use of “and/or” makes the limitation unclear as to whether or not the phrase following the “and/or” is required by the limitation.
Therefore, claim 12 is indefinite because it is unclear if the limitation “and/or less than a priority level threshold” is required by the claim. Claims 13 and 14 are rejected due to their dependence on rejected claim 12.
Claim 8 recites the limitation “the resource selection window” in lines 3, and 5-6. There is insufficient antecedent basis for this limitation in the claim. Claim 9 is rejected due to its dependence on rejected claim 8.
Claim Rejections - 35 USC § 103
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.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osawa et al. (US 20210321421 A1), hereinafter Osawa.
For claim 1,
Osawa teaches a resource exclusion method applied to a terminal device comprising a first module and a second module, the method comprising ([at least 0092] a base station as well as a UE both include a communication device 1004, which is also known as a “communication module”. The communication modules of both the base station and the UE each contain a transmitting and receiving unit implemented by the communication device. It is well known in the art that the word “module” is synonymous with “unit”, especially when performing the functions of transmission and reception.):
performing, by the first module, resource exclusion according to a target resource ([FIG. 4B] and [0053-0054] Transmission of LTE SL may take priority over NR resource, causing resources of NR to be excluded. It is well known in the art that the LTE SL would be considered the target resource because it has the higher priority over the NR SL.),
wherein the target resource is a transmission resource of the second module ([FIGs. 3A, 3B, 4B, and 5] LTE SL is target resource and a transmission resource. As seen in FIG. 5, gNBs (terminals) send resource allocation, which would include the target resource as a transmission resource.), and
the first module and the second module are two different communication modules ([at least 0092] a base station as well as a UE both include a communication device 1004, which is also known as a “communication module”. The communication modules of both the base station and the UE each contain a transmitting and receiving unit implemented by the communication device. It is well known in the art that the word “module” is synonymous with “unit”, especially when performing the functions of transmission and reception.).
For claim 2, Osawa teaches claim 1.
Osawa further teaches wherein the transmission resource of the second module is a selected resource of the second module ([at least 0037] resources can be selected from a resource pool); or
the transmission resource of the second module is a scheduled resource of the second module ([at least 0045] resources can be scheduled).
For claim 3, Osawa teaches claim 1.
Osawa further teaches wherein the target resource comprises one or more resources ([FIGs. 3A, 3B, 4B, and 5] LTE SL is target resource and a transmission resource. As seen in FIG. 5, gNBs (terminals) send resource allocation, which would include one or more resources.).
For claim 4, Osawa teach claim 1.
Osawa further teaches wherein the target resource comprises one or more groups of periodic resources ([at least 0045] resources can be scheduled in the time domain and are transmitted in the time and frequency domain, implying that they are periodic).
For claim 5, Osawa teaches claim 1.
Osawa further teaches wherein the target resource is indicated to the first module by the second module ([at least 0051] and [at least 0054] SCI containing the priority of resource is sent to the reception side. The target resource is identified by having the higher priority. Therefore, the UE sending the priority information of the resource, via SCI, to the UE or base station acts as the target resource indication.).
For claim 6, Osawa teaches claim 1.
Osawa further teaches wherein the first module and the second module perform transmission on a same carrier ([0041] the overlapping resources are arranged in the same band, indicating the first and second modules are transmitting on a same carrier.).
For claim 7, Osawa teaches claim 1.
Osawa further teaches wherein performing, by the first module, resource exclusion according to the target resource, comprising: performing, by the first module, resource exclusion on a first resource set according to the target resource ([0054] and [0061] resource exclusion can be performed on a resource pool (resource set)).
For claim 8, Osawa teaches claim 7.
As is best understood by the examiner in light of the 112(b) rejection above, Osawa further teaches wherein the first resource set comprises remaining resources obtained after at least one resource exclusion step is performed on all the available resources in the resource selection window ([at least 0059] and [at least 0067] resource allocation/re-allocation or scheduling/rescheduling may be performed after some or all of the resources are excluded. It would be obvious to one of ordinary skill in the art that a resource set can comprise the remaining resources obtained after a resource exclusion step is performed.);
For claim 9, as is best understood by the examiner in light of the 112(b) rejection above, Osawa teaches claim 8.
Osawa further teaches wherein the at least one resource exclusion step comprises at least one of the following: a first exclusion step used to perform resource exclusion according to monitored first sidelink control information ([at least 0043] priority is determined by control information which may be sidelink control information (SCI), and exclusion is performed based on priority information);
wherein the first sidelink control information and the second sidelink control information are two different pieces of sidelink control information ([at least 0051-0052] Two different pieces of SCI. The first SCI notifies reception side (base station or UE) of priority order, the base station provides notification of a preemption using the second SCI.).
For claim 10, Osawa teaches claim 7.
Osawa further teaches wherein performing, by the first module, resource exclusion on the first resource set according to the target resource, comprising: condition, excluding, by the first module, the first resource from the first resource set, wherein the exclusion condition comprises ([at least 0053-0054] Transmission of LTE SL may take priority over NR resource, causing resources of NR to be excluded):
the first resource or a periodic resource corresponding to the first resource overlapping with the target resource ([FIGs 2A, 2B, 3A, 3B, and 4B] and [at least 0053-0054] overlapping resources).
For claim 11, Osawa teaches claim 10.
Osawa further teaches wherein the first resource or the periodic resource corresponding to the first resource overlapping with the target resource, comprising: the first resource or the periodic resource corresponding to the first resource overlapping with any resource in the target resource ([FIGs 2A, 2B, 3A, 3B, and 4B] and [at least 0053-0054] resources overlapping with target resources);
For claim 12, Osawa teaches claim 10.
As is best understood by the examiner in light of the 112(b) rejection above, Osawa further teaches wherein the exclusion condition further comprises: a priority level value of data transmission of the second module being less than a priority level value of data transmission of the first module and/or less than a priority level threshold ([at least 0053-0054] transmission of LTE SL may take priority over NR resource, causing resources of NR to be excluded).
For claim 13, as is best understood by the examiner in light of the 112(b) rejection above, Osawa teaches claim 12.
Osawa further teaches wherein the priority level value of the data transmission of the second module is a priority level value of data transmitted by the second module on the target resource ([at least 0051-0054] transmission of LTE SL may take priority over NR resource, causing resources of NR to be excluded. Priority of resources is transmitted using SCI.).
For claim 14, as is best understood by the examiner in light of the 112(b) rejection above, Osawa teaches claim 12.
Osawa further teaches wherein the method further comprises: indicating, by the second module, the priority level value of data transmission of the second module to the first module ([at least 0051] SCI is used to notify reception side (base station or UE) of priority order.).
For claim 15, Osawa teaches claim 1.
Osawa further teaches wherein the first module is a new radio (NR) module, and the second module is a long term evolution (LTE) module or an evolved universal terrestrial radio access (E-UTRA) module ([FIGs. 2A-4B] NR and LTE resources are transmitted, implying the modules are NR and LTE modules).
For claims [16, 20], [17], [18], and [19], they are rejected on the same basis as claims [1], [2], [3, 4], and [5], respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin T. Ranew whose telephone number is (571)272-2746. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman Abaza can be reached at (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN T. RANEW/ Examiner, Art Unit 2465
/NATASHA W COSME/ Primary Examiner, Art Unit 2465
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