DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application
2 This instant Office Action is in response to Original Filing filed on 9/1/2024.
3. This Office Action is made Non-Final.
4. Claims 1-20 are pending.
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on 9/1/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
6. 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.
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Claims 1-2, 4-5, 11-12, 14-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-2, 7-9 of Patent No. US No. 12,341,615.
Although the claims at issue are not identical, they are not patentably distinct from each other because they claim similar subject matter of A method of providing sidelink feedback (i.e. HARQ ACK/NACK) to a base station from a first/transmitting sidelink UE. The feedback indicates an ACK or NACK result based on whether or not information was received from a second/receiving UE successfully. The first UE and second UE are sidelink UEs communicating directly with one another.
Note that the table below compares the claims of the present invention with the relevant claims in the previous Patent Application in the columns side by side. Wherein at least one claim of the instant application is being taught by the claims of the U.S. Patent application.
CON Application No. 18/822199
Patent No. US 12,341,615
1. A method for sidelink feedback transmission, the method performed at a base station and comprising steps of:
at the base station, creating an independent physical uplink control channel (PUCCH) group for sidelink feedback transmissions from a sidelink user equipment (UE) to the base station;
transmitting a downlink control information (DCI) to the sidelink UE scheduling a sidelink transmission and configuring the PUCCH group for transmission of sidelink feedback to the base station; and receiving a sidelink feedback from the sidelink UE on resources which are part of the PUCCH group.
1. A method of sidelink data transmission between a transmitter user equipment (UE) and a receiver UE, the method performed at the transmitter UE and comprising steps of:
receiving a message from a base station scheduling resources for a sidelink transmission to the receiver UE, wherein the resources are for more than one repetition of at least one transport block (TB); transmitting at least one repetition of the at least one TB to the receiver UE using the resources; receiving hybrid automatic repeat request (HARQ) feedback from the receiver UE after each repetition, wherein the transmitter UE stops transmissions once an acknowledgement (ACK) is received, and remaining periodic resources are used by the transmitter UE for subsequent data in a buffer; if positive HARQ feedback is received transmitting that feedback to the base station prior to transmission of all scheduled repetitions; wherein in a case where multiple repeated resources have already been allocated for sidelink transmission of a previous TB, a reception of an ACK feedback by the transmitter UE causes the transmitter UE to use remaining allocated resources for a transmission of a next TB; the sidelink transmission shares an uplink (UL) carrier in a paired spectrum, the sidelink transmission shares UL-downlink (DL) in an unpaired spectrum.
2. The method according to claim 1, further comprising: transmitting HARQ feedback to the base station after transmission of all scheduled repetitions if positive HARQ feedback has not previously been transmitted.
Analysis: In comparing the claims listed above, they are claiming similar subject matter relating to: A method of providing sidelink feedback (i.e. HARQ ACK/NACK) to a base station from a first/transmitting sidelink UE. The feedback indicates an ACK or NACK result based on whether or not information was received from a second/receiving UE successfully. The first UE and second UE are sidelink UEs communicating directly with one another.
The difference between the claims is that the current pending claim 1 broaden the scope of the application by eliminating elements, “wherein the resources are for more than one repetition of at least one transport block (TB); transmitting at least one repetition of the at least one TB to the receiver UE using the resources; wherein the transmitter UE stops transmissions once an acknowledgement (ACK) is received, and remaining periodic resources are used by the transmitter UE for subsequent data in a buffer; if positive HARQ feedback is received transmitting that feedback to the base station prior to transmission of all scheduled repetitions; wherein in a case where multiple repeated resources have already been allocated for sidelink transmission of a previous TB, a reception of an ACK feedback by the transmitter UE causes the transmitter UE to use remaining allocated resources for a transmission of a next TB; the sidelink transmission shares an uplink (UL) carrier in a paired spectrum, the sidelink transmission shares UL-downlink (DL) in an unpaired spectrum.” found in the US Patent to perform the claimed feature.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention AIA (FITF) to add the limitations of patented claim 2 to arrive at the pending claim 1 limitations without requiring more experimentation than is reasonable. Therefore, the patented claims 1-2 renders obvious the current pending claim 1.
2. The method according to claim 1, wherein the DCI indicates specific PUCCH resources in the PUCCH group for transmission of sidelink feedback to the base station.
4. The method according to claim 1, wherein at the base station, a single PUCCH group is configured for the sidelink UE.
5. The method according to claim 1, wherein the PUCCH group comprises multiple PUCCH resources, and the base station indicates the sidelink UE to use a specific PUCCH resource from a configured PUCCH group.
12. The base station according to claim 11, wherein the DCI indicates specific PUCCH resources in the PUCCH group for transmission of sidelink feedback to the base
station.
14. The base station according to claim 11, wherein at the base station, a single PUCCH group is configured for the sidelink UE.
15. The base station according to claim 11, wherein the PUCCH group comprises multiple PUCCH resources, and the base station indicates the sidelink UE to use a specific PUCCH resource from a configured PUCCH group.
7. The method according to claim 5, wherein the uplink resources are part of a physical uplink control channel (PUCCH) group configured specifically for transmission of sidelink feedback.
Analysis: In comparing the dependent claims listed above, they are claiming similar subject matter relating to: A physical uplink control channel (PUCCH) group resource configured for transmission of sidelink feedback.
Therefore, the patented dependent claim 7 anticipates or renders obvious the current pending dependent claims listed above.
11. A base station, comprising:
a processor and a memory, wherein the memory is used to store a computer program, and the processor is used to call and run the computer program stored in the memory to execute a method for sidelink feedback transmission, the method comprising steps of:
at the base station, creating an independent physical uplink control channel (PUCCH) group for sidelink feedback transmissions from a sidelink user equipment (UE) to the base station; transmitting a downlink control information (DCI) to the sidelink UE scheduling a sidelink transmission and configuring the PUCCH group for transmission of sidelink feedback to the base station; and receiving a sidelink feedback from the sidelink UE on resources which are part of the PUCCH group.
8. A method of sidelink data transmission between a transmitter user equipment (UE) and a receiver UE, the method performed at the transmitter UE and comprising steps of: receiving a message from a base station scheduling resources for a sidelink transmission to the receiver UE, wherein the resources are for more than one repetition of a transport block (TB); and transmitting at least one repetition of the TB to the receiver UE using the resources; if positive hybrid automatic repeat request (HARQ) feedback is received utilising the resources for further repetitions of the TB to transmit a further TB; receiving HARQ feedback from the receiver UE after each repetition, wherein the transmitter UE stops transmissions once an acknowledgement (ACK) is received, and remaining periodic resources are used by the transmitter UE for subsequent data in a buffer; wherein in a case where multiple repeated resources have already been allocated for sidelink transmission of a previous TB, a reception of an ACK feedback by the transmitter UE causes the transmitter UE to use remaining allocated resources for a transmission of a next TB; the sidelink transmission shares an uplink (UL) carrier in a paired spectrum, the sidelink transmission shares UL-downlink (DL) in an unpaired spectrum.
9. The method according to claim 8, further comprising: transmitting the HARQ feedback to the base station after successful transmission of all available TBs or after all scheduled resources.
Analysis: In comparing the dependent claims listed above, they are claiming similar subject matter relating to: A method of providing sidelink feedback (i.e. HARQ ACK/NACK) to a base station from a first/transmitting sidelink UE. The feedback indicates an ACK or NACK result based on whether or not information was received from a second/receiving UE successfully. The first UE and second UE are sidelink UEs communicating directly with one another.
The difference between the claims is that the current pending claim 1 broaden the scope of the application by eliminating elements, “wherein the resources are for more than one repetition of at least one transport block (TB); transmitting at least one repetition of the at least one TB to the receiver UE using the resources; wherein the transmitter UE stops transmissions once an acknowledgement (ACK) is received, and remaining periodic resources are used by the transmitter UE for subsequent data in a buffer; if positive HARQ feedback is received transmitting that feedback to the base station prior to transmission of all scheduled repetitions; wherein in a case where multiple repeated resources have already been allocated for sidelink transmission of a previous TB, a reception of an ACK feedback by the transmitter UE causes the transmitter UE to use remaining allocated resources for a transmission of a next TB; the sidelink transmission shares an uplink (UL) carrier in a paired spectrum, the sidelink transmission shares UL-downlink (DL) in an unpaired spectrum.” found in the US Patent to perform the claimed feature.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention AIA (FITF) to add the limitations of patented claim 9 to arrive at the pending claim 11 limitations without requiring more experimentation than is reasonable. Therefore, the patented claims 8-9 renders obvious the current pending claim 11.
It has been held that the omission of the element and its function is an obvious expedient if the remaining elements perform the same function as before, In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would be obvious to one skill in the art.
Claim Rejections - 35 USC § 102
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 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)(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.
1. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ko et al. US 20220279504 hereafter Ko (Note: The provisional 62/886,992 filed 08/15/2019 includes support for disclosure relied herein because it is the same specification as the PgPub).
As to Claim 1. Ko discloses a method for sidelink feedback transmission, the method performed at a base station and comprising steps of [Title, Section 0014: Method and Device for reporting SL (sidelink) HARQ feedback in NR V2X. A transmitting UE transmit SL HARQ feedback received from a receiving UE to a base station through a PUCCH]:
at the base station, creating [i.e. Processor-202, Section 0237] an independent physical uplink control channel (PUCCH) group for sidelink feedback [i.e. SL HARQ report/feedback] transmissions from a sidelink user equipment (UE) to the base station [Figs. 13-15 (Depicts Base Station independently allocates first PUCCH and second PUCCH Resources), Sections 0128, 0139, 0148: In this case, the transmitting UE perform operations according to how the base station allocates PUCCH resources (i.e. group) for SL HARQ feedback report. Based on embodiment, the base station independently allocate the first PUCCH and the second PUCCH resource(s) to the transmitting UE. According to a rule signaled by the DCI or the SL DCI, the transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH],
transmitting a downlink control information (DCI) to the sidelink UE scheduling a sidelink transmission and configuring the PUCCH group for transmission of sidelink feedback [i.e. SL HARQ report/feedback] to the base station [Sections 0130, 0148: PUCCH resource or SL HARQ feedback report resource(s) may be allocated to the transmitting UE through a DCI for scheduling sidelink transmission-related resource(s). According to a rule signaled by the DCI or the SL DCI, the transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH],
and receiving a sidelink feedback [i.e. SL HARQ report/feedback] from the sidelink UE on resources which are part of the PUCCH group [Fig. 12-15, Sections 0128, 0130, 0148: In this case, the transmitting UE perform operations according to how the base station allocates PUCCH resource(s) for SL HARQ feedback report and a transmitting UE to transmit SL HARQ feedback report to a base station. PUCCH resource or SL HARQ feedback report resource(s) may be allocated to the transmitting UE through a DCI for scheduling sidelink transmission-related resource(s). According to a rule signaled by the DCI, the transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH].
As to Claim 2. Ko discloses the method according to claim 1, wherein the DCI indicates specific PUCCH resources in the PUCCH group for transmission of sidelink feedback to the base station [Sections 0130, 0151, 0170: PUCCH resource or SL HARQ feedback report resource(s) may be allocated to the transmitting UE through a DCI for scheduling sidelink transmission-related resource(s). The transmitting UE transmit SL HARQ feedback to the base station by using the first PUCCH resource or the second PUCCH resource. The base station allocate the first PUCCH resource (i.e. specific resource) to the transmitting UE through the SL DCI].
As to Claim 3. Ko discloses the method according to claim 2, wherein the DCI indicates the specific PUCCH resources in the PUCCH group through a PUCCH resource indicator [Sections 0114, 0170, 0193: The BS perform resource scheduling to a UE 1 through a PDCCH downlink control information. The base station allocate the first PUCCH resource to the transmitting UE through the SL DCI. The transmitting UE transmit SL HARQ feedback to the base station by using the first PUCCH resource, the second PUCCH resource, or the fourth PUCCH resource based on specific value related to PUCCH resources].
As to Claim 4. Ko discloses the method according to claim 1, wherein at the base station, a single PUCCH group is configured for the sidelink UE [Sections 0139, 0141, 0148: The base station allocates the first PUCCH and the second PUCCH resource(s) to the transmitting UE (i.e. sidelink UE). The base station allocate PUCCH in order for the transmitting UE to transmit SL HARQ feedback report related to one or more PSCCHs/PSSCHs (i.e. physical sidelink channels) for retransmission to the base station. The transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH].
As to Claim 5. Ko discloses the method according to claim 1, wherein the PUCCH group comprises multiple PUCCH resources, and the base station indicates the sidelink UE to use a specific PUCCH resource from a configured PUCCH group [Sections 0128, 0148, 0151: The transmitting UE perform operations according to how the base station allocates PUCCH resource(s) for SL HARQ feedback report. The transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH. The transmitting UE transmit SL HARQ feedback to the base station by using the first PUCCH resource].
As to Claim 6. Ko discloses the method according to claim 1, wherein PUCCH groups are independent in a sidelink and a downlink [Sections 0130, 0139: The SL DCI may be a DCI for scheduling sidelink transmission-related resource(s). Based on embodiment, the base station independently allocate the PUCCH resource(s) to the transmitting UE].
As to Claim 7. Ko discloses the method according to claim 1, wherein the base station configures the sidelink UE to send a hybrid automatic repeat request (HARQ) feedback for sidelink data on a specific uplink carrier [Sections 0095, 0114, 0125: A transmitting UE may transmit a SL channel/signal (i.e. Sidelink data) on a specific BWP which may be (pre-)configured and activated in a carrier. The UE-1 transmit data based on the SCI to the UE-2 through a physical sidelink shared channel (PSSCH). The sidelink information include of sidelink data, thereafter, the transmitting UE receives HARQ NACK from the receiving UE and transmitting UE report information on HARQ feedback related to the HARQ NACK to the base station through a PUCCH, and the transmitting UE may retransmit the sidelink information to the receiving UE through the second PSSCH and/or the second PSCCH; and the base station may allocate additional sidelink transmission resource(s) to the transmitting UE].
As to Claim 8. Ko discloses the method according to claim 1, wherein the base station configures the PUCCH group for sidelink on an independent uplink carrier [Sections 0088, 0094-0095: A carrier include a maximum of N number BWPs. Active BWP is configured for UE to transmit PUCCH on active UL BWP (uplink BWP or carrier). SL BWP may be defined separately from a Uu BWP, the UE receive a configuration for BWP from the BS/network in which the BWP may be (pre-)configured in a carrier].
As to Claim 9. Ko discloses the method according to claim 1, wherein the base station defines a sidelink dedicated PUCCH group according to UE capabilities [Sections 0147, 0153: The base station allocates PUCCH resources depending on the capability of the transmitting UE. PUCCH resources on a frequency axis allocated according to the capability of the transmitting UE to transmit SL HARQ feedback to the base station].
As to Claim 10. Ko discloses the method according to claim 9, wherein the dedicated PUCCH group is used to transmit a sidelink HARQ feedback and a control information to the base station [Sections 0153, 0254: The transmitting UE may transmit both HARQ feedback for the PDSCH (i.e. control information for PDSCH) and information on SL HARQ feedback received from the receiving UE to the base station by using the first PUCCH resource and the second PUCCH resource. Wireless devices includes processors to generate control information].
As to Claim 11. Ko discloses a base station [Base Station/BS-200 or Device-200], comprising: a processor and a memory, wherein the memory is used to store a computer program, and the processor is used to call and run the computer program stored in the memory to execute a method for sidelink feedback transmission, the method comprising steps of [Fig. 27, Sections 0014, 0237, 0253: A transmitting UE transmit SL HARQ feedback received from a receiving UE to a base station through a PUCCH. The proposed method can be applied to the processor (202) of the base station (200). The second device-200 include processors-202 and memories-204; the processor control the memory; the memory(s)-204 connected to the processor(s)-202 store a variety of information and may store software code including commands for performing a part or the entirety of processes controlled by the processor(s)]:
at the base station, creating [i.e. Processor-202, Section 0237] an independent physical uplink control channel (PUCCH) group for sidelink feedback [i.e. SL HARQ report/feedback] transmissions from a sidelink user equipment (UE) to the base station [Figs. 13-15 (Depicts Base Station independently allocates first PUCCH and second PUCCH Resources), Sections 0128, 0139, 0148: In this case, the transmitting UE perform operations according to how the base station allocates PUCCH resources (i.e. group) for SL HARQ feedback report. Based on embodiment, the base station independently allocate the first PUCCH and the second PUCCH resource(s) to the transmitting UE. According to a rule signaled by the DCI or the SL DCI, the transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH],
transmitting a downlink control information (DCI) to the sidelink UE scheduling a sidelink transmission and configuring the PUCCH group for transmission of sidelink feedback [i.e. SL HARQ report/feedback] to the base station [Sections 0130, 0148: PUCCH resource or SL HARQ feedback report resource(s) may be allocated to the transmitting UE through a DCI for scheduling sidelink transmission-related resource(s). According to a rule signaled by the DCI or the SL DCI, the transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH];
and receiving a sidelink feedback [i.e. SL HARQ report/feedback] from the sidelink UE on resources which are part of the PUCCH group [Fig. 12-15, Sections 0128, 0130, 0148: In this case, the transmitting UE perform operations according to how the base station allocates PUCCH resource(s) for SL HARQ feedback report and a transmitting UE to transmit SL HARQ feedback report to a base station. PUCCH resource or SL HARQ feedback report resource(s) may be allocated to the transmitting UE through a DCI for scheduling sidelink transmission-related resource(s). According to a rule signaled by the DCI, the transmitting UE transmit information on SL HARQ feedback to the base station based on groupcast configured of PUCCH].
As to Claim 12. The base station according to claim 11, wherein the DCI indicates specific PUCCH resources in the PUCCH group for transmission of sidelink feedback to the base station [See Claim 2 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 13. The base station according to claim 12, wherein the DCI indicates the specific PUCCH resources in the PUCCH group through a PUCCH resource indicator [See Claim 3 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 14. The base station according to claim 11, wherein at the base station, a single PUCCH group is configured for the sidelink UE [See Claim 4 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 15. The base station according to claim 11, wherein the PUCCH group comprises multiple PUCCH resources, and the base station indicates the sidelink UE to use a specific PUCCH resource from a configured PUCCH group [See Claim 5 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 16. The base station according to claim 11, wherein PUCCH groups are independent in a sidelink and a downlink [See Claim 6 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 17. The base station according to claim 11, wherein the base station configures the sidelink UE to send a hybrid automatic repeat request (HARQ) feedback for sidelink data on a specific uplink carrier [See Claim 7 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 18. The base station according to claim 11, wherein the base station configures the PUCCH group for sidelink on an independent uplink carrier [See Claim 8 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 19. The base station according to claim 11, wherein the base station defines a sidelink dedicated PUCCH group according to UE capabilities [See Claim 9 rejection because both claims have similar subject matter therefore similar rejection applies herein].
As to Claim 20. The base station according to claim 19, wherein the dedicated PUCCH group is used to transmit a sidelink HARQ feedback and a control information to the base station [See Claim 10 rejection because both claims have similar subject matter therefore similar rejection applies herein].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: ZHOU et al. US 20210028891 and Selvanesan et al. US 20240215112.
Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G. Shah can be reached at (571)272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 11, 2026
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477
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