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 .
Cross Reference to Related Applications
2. The present application is a 35 U.S.C. 371 National Phase entry of Patent Cooperation Treaty (PCT) Application No. PCT/CN2022/091900, filed May 10, 2022, which is expressly incorporated by reference in its entirety.
Claims status
3. This office action is a response to an application filed on September 16, 2024 in which claims 1-30 are pending for examination.
Based on the Preliminary Amendment filed on September 16, 2024, the listing of claims replace all prior versions, and listings, of claims in the application.
Information Disclosure Statement
4. The Examiner has considered the reference(s) listed on the Information Disclosure Statement submitted on September 16, 2024.
Drawings
5. The Examiner contends that the drawings submitted on September 16, 2024 are acceptable for examination proceedings.
35 USC § 112 (f) Claim Limitations Analysis
6. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
CLAIM INTERPRETATION
7. Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
8. Claim 30 has been analyzed under 35 U.S.C. 112, sixth paragraph or 35 U.S.C. 112, sixth paragraph.
Regarding claim 30, the limitation recite(s) “means for receiving a first time domain…”; “means for receiving a second time domain…”; and means for communicating…” are being treated in accordance with 112(f) because the functions of “receiving’ and “communicating”, are modified by the term “means” which is a word that serves as a generic placeholder for structure that performs the recited functions.
Regarding the above claim limitations, the corresponding structure can be found on Figs. 12-13, as used herein, various illustrative blocks and modules described in connection with the disclosure herein may be implemented or performed with a general-purpose processor, a DSP, an ASIC, an FPGA or other programmable logic device, discrete gate or transistor logic, discrete hardware components, or any combination thereof designed to perform the functions describe and the functions described herein may be implemented in hardware, software executed by a processor, firmware, or any combination thereof. If implemented in software executed by a processor, the functions may be stored on or transmitted over as one or more instructions or code on a computer-readable medium; paragraphs [0093]-[0096], [0101]-[0107], [0111]-[0112], [0127] and [0161]-[0162] in specification (US 2025/0220642 A1). [Note: MPEP 2181, Non-specialized functions: functions known by those of ordinary skill in the art as being commonly performed by a general purpose computer or computer component].
If Applicant wishes to provide further explanation or dispute the Examiner's interpretation of the corresponding structure, Applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office Action.
If the Applicant does not intend to have the claimed limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, Applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 103
9. 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 of this title, 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.
10. Claims 1, 9, 15, 16, 17, 18, 19, 20, 21, 23, 27, 28, 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2022/0201716 A1), hereinafter “Yi” in view of 3GPP TSG-RAN WG2 Meeting #108 (R2-1914463; as submitted by the applicant with IDS dated September 16, 2024), hereinafter “3GPP’463”.
Regarding claim 1, Yi discloses a method of wireless communication performed at a user equipment (UE) (Figs. 1B, 15, 19), the method comprising:
receiving a first time domain configuration for a Uu component carrier (CC) (Fig. 19, paragraphs [0134], [0137], [0239]-[0240], configuration parameters comprising cell0and cell1 for transmission of SL DCI);
receiving a second time domain configuration for a sidelink (SL) resource pool (Fig. 19, paragraphs [0240], [0241], SS2 configured with a current active BWP of the second cell (BWP2) for SL DCIs since the time n), wherein the Uu CC and the SL resource pool are within a same frequency band (Fig. 19, paragraphs [0240], [0241], first sidelink DCI via cell1); and
communicating, based on the first time domain configuration (Fig. 19, paragraphs [0239], [0241], SL DCI comprising one or more resource assignments of for sidelink BWP/carrier/cell for one or more sidelink transmissions).
While Yi implicitly refers to “the second time domain configuration, and an intra-band priority configuration, a first communication at a first time period, wherein a second communication is scheduled for at least a portion of the first time period, wherein one of the first communication or the second communication comprises an SL communication in a first link direction, and wherein the other of the first communication or the second communication comprises a Uu communication for a second link direction opposite the first link direction” (Fig. 19, paragraphs [0240], [0241]), 3GPP’463 from the same or similar field of endeavor explicitly discloses the second time domain configuration, and an intra-band priority configuration, a first communication at a first time period, wherein a second communication is scheduled for at least a portion of the first time period, wherein one of the first communication or the second communication comprises an SL communication in a first link direction, and wherein the other of the first communication or the second communication comprises a Uu communication for a second link direction opposite the first link direction (page 1-2, section 1, 2.1, page 6-7, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the second time domain configuration, and an intra-band priority configuration, a first communication at a first time period, wherein a second communication is scheduled for at least a portion of the first time period, wherein one of the first communication or the second communication comprises an SL communication in a first link direction, and wherein the other of the first communication or the second communication comprises a Uu communication for a second link direction opposite the first link direction” as taught by 3GPP’463, in the system of Yi, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 9, Yi discloses the first time domain configuration indicates a set of flexible resources configurable for SL transmission or downlink (DL) reception, and wherein the method further comprises: receiving, from a network entity, downlink control information (DCI) validating the set of flexible resources for either SL transmission or DL reception (Fig. 19, paragraphs [0240], [0241], [0300], first sidelink DCI via cell1 and SS2 configured with a current active BWP of the second cell (BWP2) for SL DCIs since the time n; flexible indication of a synchronization frequency/cell).
Regarding claim 15, Yi in view of 3GPP’463 disclose the method according to claim 1.
3GPP’463 further discloses the intra-band priority configuration indicates a first intra-band priority for a first traffic priority of the first communication and a second intra-band priority for a second traffic priority of the second communication (page 1-2, section 1, 2.1, page 6-7, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the intra-band priority configuration indicates a first intra-band priority for a first traffic priority of the first communication and a second intra-band priority for a second traffic priority of the second communication” as taught by 3GPP’463, in the system of Yi, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 16, Yi in view of 3GPP’463 disclose the method according to claim 1.
3GPP’463 further discloses the intra-band priority configuration comprises an ultra-reliable low latency communications (URLLC) priority threshold (page 2-3, section 2.2, intra-band priority configuration comprising URLLC).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the intra-band priority configuration comprises an ultra-reliable low latency communications (URLLC) priority threshold” as taught by 3GPP’463, in the system of Yi, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 17, Yi in view of 3GPP’463 disclose the method according to claim 16.
3GPP’463 further discloses the communicating the first communication is further based on a comparison of the first traffic priority and the URLLC priority threshold (page 1-2, section 1, 2.1, page 6-7, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission; page 2-3, section 2.2, intra-band priority configuration comprising URLLC).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the communicating the first communication is further based on a comparison of the first traffic priority and the URLLC priority threshold” as taught by 3GPP’463, in the system of Yi, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 18, Yi in view of 3GPP’463 disclose the method according to claim 15.
3GPP’463 further discloses the intra-band priority configuration comprises an ultra-reliable low latency communications (URLLC) priority threshold, and wherein the intra-band priority configuration indicates that DL URLLC communications have a higher intra-band priority than SL communications (page 1-2, section 1, 2.1, page 6-7, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission; page 2-3, section 2.2, intra-band priority configuration comprising URLLC).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the intra-band priority configuration comprises an ultra-reliable low latency communications (URLLC) priority threshold, and wherein the intra-band priority configuration indicates that DL URLLC communications have a higher intra-band priority than SL communications” as taught by 3GPP’463, in the system of Yi, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 19, Yi in view of 3GPP’463 disclose the method according to claim 15.
3GPP’463 further discloses the intra-band priority configuration comprises a SL priority threshold, and wherein the communicating the first communication is further based on a comparison of the first traffic priority and the SL priority threshold (page 1-2, section 1, 2.1, page 6-7, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission; for simplicity, one way to handle MACE is to rely on legacy method i.e. MAC CE would be prioritized over sidelink only if sidelink transmission priority is lower than SL priority threshold).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the intra-band priority configuration comprises a SL priority threshold, and wherein the communicating the first communication is further based on a comparison of the first traffic priority and the SL priority threshold” as taught by 3GPP’463, in the system of Yi, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 20, Yi in view of 3GPP’463 disclose the method according to claim 15.
3GPP’463 further discloses the communicating the first communication comprises: refraining, based on the first time domain configuration, the second time domain configuration, and the intra-band priority configuration, from communicating the second communication during the first time period (page 1-2, 4-7, section 2.1, 2.2, 2.3. 3.4 and 3, intra RAT (intra CG); intra band priority between Uu and SL transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the communicating the first communication comprises: refraining, based on the first time domain configuration, the second time domain configuration, and the intra-band priority configuration, from communicating the second communication during the first time period” as taught by 3GPP’463, in the system of Yi, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 21, the claim is rejected based on the same reasoning as presented in the rejection of claim 1.
Regarding claim 23, the claim is rejected based on the same reasoning as presented in the rejection of claim 9.
Regarding claim 27, the claim is rejected based on the same reasoning as presented in the rejection of claim 15.
Regarding claim 28, the claim is rejected based on the same reasoning as presented in the rejection of claim 17.
Regarding claim 29, the claim is rejected based on the same reasoning as presented in the rejection of claim 1.
Regarding claim 30, the claim is rejected based on the same reasoning as presented in the rejection of claim 1.
11. Claims 2, 3, 4, 5, 6, 7, 8 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2022/0201716 A1), hereinafter “Yi” in view of 3GPP TSG-RAN WG2 Meeting #108 (R2-1914463; as submitted by the applicant with IDS dated September 16, 2024), hereinafter “3GPP’463” in view of LIU et al. (US 2023/0209551 A1), hereinafter “Liu”.
Regarding claim 2, Yi in view of 3GPP’463 disclose the method according to claim 1.
Yi discloses receiving downlink control information (DCI) indicating a grant of SL resources, wherein the first communication comprises a SL communication and the second communication comprises a Uu communication (Fig. 19, paragraphs [0239], [0241], first PSSCH based on first SL DCI). While Yi in view of 3GPP’463 implicitly refer to “receiving downlink control information (DCI) indicating a grant of SL resources, wherein the first communication comprises a SL communication and the second communication comprises a Uu communication, and wherein the communicating the first communication comprises communicating the SL communication on the SL resource pool based on the grant of SL resources”, Liu from the same or similar field of endeavor discloses receiving downlink control information (DCI) indicating a grant of SL resources (paragraphs [0003], [0043], [0314], control signaling isa used to schedule plurality of target subjects (interpreted as SL carrier group, SL cell group, SL resource pool group or SL BWP group)), wherein the first communication comprises a SL communication and the second communication comprises a Uu communication, and wherein the communicating the first communication comprises communicating the SL communication on the SL resource pool based on the grant of SL resources (paragraphs [0003], [0043], [0314], for example, a subcarrier spacing SCS of a Uu cell is 15 kHz, and the cell may schedule four SL component carriers (CC), where an SCS of a part of the SL CC is 15 kHz, and an SCS of a part of the SL CC is 60 kHz).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “receiving downlink control information (DCI) indicating a grant of SL resources, wherein the first communication comprises a SL communication and the second communication comprises a Uu communication, and wherein the communicating the first communication comprises communicating the SL communication on the SL resource pool based on the grant of SL resources” as taught by Liu, in the combined system of Yi and 3GPP’463, so that it would provide resource determining method relates to control signaling to schedule at sidelink SL carrier, an SL cell, an SL resource pool, or an SL bandwidth part BWP (Liu, paragraph [0002]).
Regarding claim 3, Yi in view of 3GPP’463 and Liu disclose the method according to claim 2.
3GPP’463 further discloses the intra-band priority configuration indicates that the SL communication has a higher priority than all Uu communications (page 1-2, section 1, 2.1, page 6-7, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the intra-band priority configuration indicates that the SL communication has a higher priority than all Uu communications” as taught by 3GPP’463, in the combined system of Yi and Liu, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 4, Yi discloses the grant of SL resources comprises a dynamic grant for a SL transmission in the SL resources (paragraphs [0076], [0198], priority handling between UEs by means of dynamic scheduling).
Regarding claim 5, Yi in view of 3GPP’463 and Liu disclose the method according to claim 3.
3GPP’463 further discloses the grant of SL resources comprises a reverse-link grant for a SL reception in the SL resources (page 1-2, section 1, 2.1, page 607, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission; opposite link grant for a SL reception in SL resources).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the grant of SL resources comprises a reverse-link grant for a SL reception in the SL resources” as taught by 3GPP’463, in the combined system of Yi and Liu, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 6, Yi discloses the intra-band priority configuration indicates that that an intra-band priority of the second communication is based on whether the second communication is a dynamically granted Uu communication (paragraphs [0076], [0198], priority handling between UEs by means of dynamic scheduling).
Regarding claim 7, Yi discloses the grant of SL resources comprises a dynamic grant for a SL transmission in the SL resources (paragraphs [0076], [0198], priority handling between UEs by means of dynamic scheduling).
Regarding claim 8, Yi in view of 3GPP’463 and Liu disclose the method according to claim 6.
3GPP’463 further discloses the grant of SL resources comprises a reverse-link grant for a SL reception in the SL resources (page 1-2, section 1, 2.1, page 6-7, section 3, intra RAT (intra CG); intra band priority between Uu and SL transmission; opposite link grant for a SL reception in SL resources).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the grant of SL resources comprises a reverse-link grant for a SL reception in the SL resources” as taught by 3GPP’463, in the combined system of Yi and Liu, so that it would provide prioritization between NR UL data and NR SL data transmission based on priority value of UL LCH that triggered the UL SR and SL data (3GPP’463, page 1, section 1).
Regarding claim 22, the claim is rejected based on the same reasoning as presented in the rejection of claim 2.
Allowable Subject Matter
12. Claims 10-14 and 24-26 would be allowable under or contingent upon the following condition that all independent claims were submitted in a formal response. [Note: In the case of given the scope of the claimed amendments and/or the arguments would require further consideration or search may result in new ground(s) of rejection. The examiner notes the above limitation(s) are not taken alone but in view of the entirety of the claim language including any preceding claim limitation, any proceeding claim limitations, and any intervening claim limitations.]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SITHU KO whose telephone number is 571-272-8647. The examiner can normally be reached on Mon-Friday 8:30am-5:00pmEST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached on 571-272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SITHU KO/Primary Examiner, Art Unit 2414
Prosecution Insights