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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-3 and 15-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LUO et al. (US 2024/0340651 A1; hereafter LUO).
With respect to claim 1, LUO discloses a method (Abstract; Title), comprising:
performing, by a user equipment (UE) (102(1) and 102(2) User devices in FIG. 1), a listen-before-talk (LBT) procedure to prepare for a UE sidelink (SL) transceiving (102(1) and 102(2) User devices with Sidelink signals in FIG. 1) in unlicensed frequency bands (302 in FIG. 3; paragraphs [0026], [0027], see the unlicensed carrier in a shared spectrum) in a wireless network (100, wireless network in FIG. 1),
wherein the LBT procedure determines channel selection (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers) with other coexisting wireless system in the unlicensed frequency bands (302 in FIG. 3; paragraphs [0026], [0027], see the unlicensed carrier in a shared spectrum);
performing an SL resource selection procedure (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers) to select candidate resources in the unlicensed frequency bands (302 in FIG. 3; paragraphs [0026], [0027], see the unlicensed carrier in a shared spectrum) for the SL transceiving for the UE; and
transceiving SL packets on the selected candidate resources when both the SL resource selection procedure and the LBT procedure succeed (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers).
With respect to claim 2, LUO further discloses 2. The method of claim 1, wherein the LBT procedure (301, and 302 in FIG. 3) is performed before the SL resource selection procedure (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers).
With respect to claim 3, LUO further discloses 3. The method of claim 1, wherein an LBT trigger time to start performing the LBT procedure is dynamically configured (paragraphs [0048] and [0054]).
With respect to claim 15, LUO discloses a user equipment (UE) (102(1) and 102(2) User devices in FIG. 1), comprising:
a transceiver (106 in User Device in FIG. 1) that transmits and receives radio frequency (RF) signal in a wireless network (100, wireless network in FIG. 1);
a listen-before-talk (LBT) module that performs a LBT procedure (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers) to prepare for a UE sidelink (SL) (102(1) and 102(2) User devices with Sidelink signals in FIG. 1) transceiving in unlicensed frequency bands (302 in FIG. 3; paragraphs [0026], [0027], see the unlicensed carrier in a shared spectrum),
wherein the LBT procedure determines channel selection (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers) with other coexisting wireless system in the unlicensed frequency bands (302 in FIG. 3; paragraphs [0026], [0027], see the unlicensed carrier in a shared spectrum);
a selection module (110 in User Device in FIG. 1) that performs sidelink (SL) resource selection procedure (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers),
wherein the SL resource selection procedure selects candidate resources in the unlicensed frequency bands (302 in FIG. 3; paragraphs [0026], [0027], see the unlicensed carrier in a shared spectrum) for an SL transceiving for the UE; and
a transceiving controller (110 in User Device in FIG. 1) that transmits and receives SL packets (301, 302 in FIG. 3; paragraph [0030]) on the selected candidate resources when both the SL resource selection procedure and the LBT procedure succeed (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers).
With respect to claim 16, LUO further discloses 16. The UE of claim 15, wherein the LBT procedure is performed before the SL resource selection procedure (paragraphs [0031], [0032], [0033], [0034], and [0035], see the testing and failure for unlicensed carriers).
With respect to claim 17, LUO further discloses 17. The UE of claim 15, wherein an LBT trigger time to start performing the LBT procedure is (pre-)configured or dynamically indicated (paragraphs [0048] and [0054]).
Allowable Subject Matter
Claims 4-14 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian T O'Connor whose telephone number is (571)270-1081. The examiner can normally be reached Mon-Fri Flex 10am-6:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached at 571-270-1420. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN T O CONNOR/Primary Examiner, Art Unit 2465 September 4, 2026
Prosecution Insights