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 .
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)(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.
Claims 1, 3, 5-8, 12, 14-15 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lei et al. (WO 2021/212354 A1, Lei hereafter).
RE claims 1 and 17, Lei discloses a transmission device (Paragraph 46, UE1) and method in a transmission device that performs sidelink communication with a reception device using a shared spectrum (Paragraphs 5-6 and 46), the transmission device comprising a control unit that transmits at least one of a PSCCH (Physical Sidelink Control Channel) and a PSSCH (Physical Sidelink Shared Channel) to the reception device using a predetermined sidelink resource within a COT (Channel Occupancy Time) acquired by a predetermined COT acquisition device (Paragraph 46, UE1 acquires the COT for sidelink with at least one other UE. The sidelink is comprised of PSCCH and PSSCH), wherein the predetermined COT acquisition device is any one of a base station, the transmission device, the reception device, and a communication device (Paragraph 46 UE1).
RE claim 3, Lei discloses the transmission device according to claim 1 as set forth above. Note that Lei further discloses wherein when the predetermined COT acquisition device is one of the transmission device and the reception device, the control unit performs the sidelink communication with the reception device in a first COT response mode, the first COT response mode is a mode in which the COT is shared between the predetermined COT acquisition device and a predetermined COT response device and the predetermined COT response device performs the sidelink communication using the predetermined sidelink resource within the COT with the predetermined COT acquisition device, and the predetermined COT response device is another of the transmission device and the reception device (Paragraph 46, UE1 is an acquisition device and transmission device which acquires the COT for sidelink with at least one other UE, the reception device)
RE claim 5, Lei discloses the transmission device according to claim 1 as set forth above. Note that Lei further discloses wherein when the predetermined COT acquisition device is the base station or the communication device, the control unit performs the sidelink communication with the reception device in a second COT response mode, the second COT response mode is a mode in which the COT is shared between the predetermined COT acquisition device and a predetermined COT response device and the predetermined COT response device performs communication using the predetermined sidelink resource within the COT with the predetermined COT acquisition device and another device, the predetermined COT response device is one of the transmission device and the reception device, and the other device is another of the transmission device and the reception device (Paragraphs 46 and 51).
RE claim 6, Lei discloses the transmission device according to claim 5 as set forth above. Note that Lei further discloses wherein, when the PSFCH is transmitted using the COT, a resource of the PSFCH is determined by control information concerning the PSFCH transmitted by the transmission device or the base station (Paragraphs 46 and 51).
RE claim 7, Lei discloses the transmission device according to claim 6 as set forth above. Note that Lei further discloses wherein when a first COT sharing mode is configured for the sidelink communication, the resource of the PSFCH is determined by the control information concerning the PSFCH transmitted by the base station, the first COT sharing mode is a mode in which the predetermined COT acquisition device shares the COT with a predetermined COT response device, and the predetermined COT response device is the reception device (Paragraphs 46 and 51).
RE claim 8, Lei discloses the transmission device according to claim 7 as set forth above. Note that Lei further discloses wherein the first COT sharing mode is a mode in which sharing of the COT between the predetermined COT response device and another device is restricted (Paragraphs 48-51, UE1 is in control of the COT sharing and decides whether to share a remaining COT. Examiner interprets this as the UE “restricting” the sharing of the COT.)
RE claim 12, Lei discloses the transmission device according to claim 5 as set forth above. Note that Lei further discloses wherein the reception device transmits the PSFCH using a resource notified by control information (Paragraph 49, SCI)
RE claim 14, Lei discloses the transmission device according to claim 1 as set forth above. Note that Lei further discloses wherein the control unit selects the predetermined sidelink resource and performs the sidelink communication with the reception device using the selected predetermined sidelink resource (Paragraph 46).
RE claims 15 and 18, Lei discloses a reception device and method that performs sidelink communication with a transmission device (Paragraphs 46-49, “other UEs” and/or “UE2) using a shared spectrum (Paragraphs 5-6 and 46-49), the reception device comprising a control unit that receives at least one of a PSCCH and a PSSCH transmitted from the transmission device using a predetermined sidelink resource within a COT acquired by a predetermined COT acquisition device (Paragraph 46, UE1 acquires the COT for sidelink with at least one other UE. The sidelink is comprised of PSCCH and PSSCH), wherein the predetermined COT acquisition device is any one of a base station, the transmission device, the reception device, and a communication device (Paragraph 46, UE1).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lei in view of Niu (US 2022/0394768, Niu hereafter, based on support in provisional).
RE claim 4, Lei discloses the transmission device according to claim 1 as set forth above. Lei does not explicitly disclose wherein when the predetermined COT acquisition device is the base station or the communication device, the control unit performs the sidelink communication with the reception device in a second COT response mode, the second COT response mode is a mode in which the COT is shared between the predetermined COT acquisition device and a predetermined COT response device and the predetermined COT response device performs communication using the predetermined sidelink resource within the COT with the predetermined COT acquisition device and another device, the predetermined COT response device is one of the transmission device and the reception device, and the other device is another of the transmission device and the reception device.
However, Niu teaches wherein when the predetermined COT acquisition device is the base station or the communication device, the control unit performs the sidelink communication with the reception device in a second COT response mode, the second COT response mode is a mode in which the COT is shared between the predetermined COT acquisition device and a predetermined COT response device and the predetermined COT response device performs communication using the predetermined sidelink resource within the COT with the predetermined COT acquisition device and another device, the predetermined COT response device is one of the transmission device and the reception device, and the other device is another of the transmission device and the reception device (Paragraphs 62-63, “a base station initiated COT may include a scenario in which base station 122 may contend for a COT in a shared radio frequency band (e.g., an unlicensed frequency) by performing a LBT procedure (e.g., a CAT-4 LBT) in the shared radio frequency band to acquire to a COT in the shared radio frequency band, and techniques described herein may involve SL COT sharing of base station initiated COT (block 1010)” and “in scenarios where base station acquired COT is allowed for SL communications, the COT sharing may be enabled via RRC signaling from base station 122 to UE 110 (block 1030). In such scenarios, the RRC signaling may indicate whether SL transmission within the base station acquired COT is enabled or disabled. “ See further paragraphs 61-62 of the provisional)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the transmission device of Lei with the teachings of Niu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 9, Lei discloses the transmission device according to claim 6 as set forth above. Note that Lei further discloses wherein when a second COT sharing mode is configured for the sidelink communication, a resource of the PSFCH is determined by control information concerning the PSFCH transmitted by the transmission device (Paragraphs 47-51).
Lei does not explicitly disclose the second COT sharing mode is a mode in which the predetermined COT acquisition device shares the COT with a predetermined COT response device and the predetermined COT response device can share the COT with another device, the predetermined COT response device is the transmission device, and the other device is the reception device.
However, Niu teaches the second COT sharing mode is a mode in which the predetermined COT acquisition device shares the COT with a predetermined COT response device and the predetermined COT response device can share the COT with another device, the predetermined COT response device is the transmission device, and the other device is the reception device (Paragraphs 62-63, base station acquires the COT for at least two UEs to perform sidelink. Thus 1 UE is the claimed response device and the other the claimed reception device. )
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the transmission device of Lei with the teachings of Niu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 13, Lei discloses the transmission device according to claim 1 as set forth above. Lei does not explicitly disclose wherein the control unit performs the sidelink communication with the reception device using the predetermined sidelink resource notified from the base station.
However, Niu teaches wherein the control unit performs the sidelink communication with the reception device using the predetermined sidelink resource notified from the base station (Paragraphs 62-63).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the transmission device of Lei with the teachings of Niu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Niu in view of Lei.
RE claims 16 and 19, Niu discloses a base station and a method at a base station that selects a predetermined sidelink resource to be used in sidelink communication when a transmission device and a reception device perform the sidelink communication using a shared spectrum, the base station comprising a control unit that selects, from within a COT acquired by a predetermined COT acquisition device, wherein the predetermined COT acquisition device is any one of a base station, the transmission device, the reception device, and a communication device (Paragraphs 62-63, base station acquired COT shared with UEs for sidelink).
Niu does not explicitly disclose the predetermined sidelink resource to be used to transmit at least one of a PSCCH and a PSSCH.
However, Lei teaches the predetermined sidelink resource to be used to transmit at least one of a PSCCH and a PSSCH (Paragraph 46).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the transmission device of Niu with the teachings of Lei since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lei in view of Khoryaev et al. (US 2020/0220694, Khoryaev hereafter)
RE claim 11, Lei discloses the transmission device according to claim 5 as set forth above. Lei does not explicitly disclose wherein the reception device transmits the PSFCH using a periodically allocated resource.
However, Khoryaev teaches wherein the reception device transmits the PSFCH using a periodically allocated resource (Paragraph 38, “FIG. 3 illustrates periodically allocated PSFCH resources and HARQ feedback multiplexing. The periodicity of PSFCH resources may be in range of e.g. K=1, K=2, or K=4 slots, although in some cases K=8 may be also considered if two slot aggregation is assumed.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the transmission device of Lei with the teachings of Khoryaev in order to shape and reduce PSFCH overhead.
Allowable Subject Matter
Claims 2 and 10 are objected to as being dependent upon a rejected base claim, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
RE claim 2, prior arts do not explicitly disclose, teach or suggest wherein, when the predetermined COT acquisition device is any one of the transmission device, the reception device, and the communication device, the predetermined COT acquisition device notifies information concerning the acquired COT to the base station through a PUCCH (Physical Uplink Control Channel) or a PUSCH (Physical Uplink Shared Channel).
RE claim 10, prior arts do not explicitly disclose, teach or suggest wherein, when the second COT sharing mode is configured for the sidelink communication, a number of times the other device functions as the predetermined COT response device and performs COT sharing is limited to a predetermined number of times.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James P Duffy whose telephone number is (571)270-7516. The examiner can normally be reached Tuesday-Friday, 9am-6pm EST.
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/James P Duffy/Primary Examiner, Art Unit 2461
Prosecution Insights