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§ 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-9, 14, 15 and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al(US 2024/0349340 A1) in view of Fakoorian et al(US 2021/0136783 A1).
Regarding claims 1, 14 and 15, Chen ‘340 teaches, a first device adapted to perform wireless communication ([0059]-[0060] and Figs. 1-3, user equipment(UE) 115a), the first device comprising: at least one transceiver([0059]-[0060] and Figs. 1-3, transmit/receiver 316/318); at least one processor; and at least one memory connected to the at least one processor and storing instructions that, based on being executed by the at least one processor, cause the first device to perform operations comprising([0059]-[0060] and Figs. 1-3, UE 115a comprising memory 304 connected to processor 302):
transmitting, to a second device, through a physical sidelink control channel (PSCCH), first sidelink control information (SCI) for scheduling of a physical sidelink shared channel (PSSCH) and second SCI([0054], [0073], [0092] and Fig. 4, sidelink transmissions using PSCCH carrying SCI with PSSCH. Further teaches a two-stage SCI procedure including stage 1 SCI and stage 2 SCI, where stage 1 SCI includes resource reservation/allocation, MCS, configuration, priority and information on how to decode stage 2 SCI);
transmitting, to the second device, through the PSSCH, the second SCI or a first medium access control (MAC) control element (CE) ([0054], [0073], [0092] and Fig. 4, stage 2 SCI may be transmitted in the PSSCH piggybacked onto the co-subchannel PSSCH transmission. Chen ‘340 further teaches the COT sharing request 370 may be included in a second-stage SCI message transmitted from transmitting UE 115a to initiator UE 115b. Notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations);
receiving, from the second device, information related to a channel occupancy time (COT), in response to assistance information for COT generation ([0057], [0082]-[0084], [0092]-[0096] and Figs. 3-4, in response to COT sharing request 370, the UE115a receives COT sharing information 375); and
performing, within the COT, sidelink (SL) communication based on a type 2 channel access([0085]-[0086], [0097]-[0098], Figs. 3, 4, UE 115a accessing the sidelink channel during the shared COT and transmitting data transmission 380 over the sidelink channel during the shared COT. Chen ‘340 further teaches that UE 115a may perform a Cat2 LBT procedure before accessing the shared COT, which reads on type 2 channel access), wherein the assistance information for the COT generation is transmitted from the first device to the second device ([0057], [0082]- [0084], [0092]- [0096] and Figs. 3-4, UE 115a transmitting COT sharing request 370 to initiator UE 115b).
Chen ‘340 does explicitly teach, transmitting, to the second device, through the PSSCH, the second SCI or a first medium access control (MAC) control element (CE) .
Fakoorian ‘783 teaches, transmitting, to the second device, through the PSSCH, the second SCI or a first medium access control (MAC) control element (CE) ([0134], [0136] and Figs. 9A, 9B, transmitting the second stage SCI in the PSCCH, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Chen ‘340, by incorporating the teaching of Fakoorian ‘783, since such modification would enable a UE to receive from a second UE, sidelink data based on at least one of the transmitted sidelink channel information or transmitted sidelink scheduling information, as suggested by Fakoorian ‘783([0007).
Regarding claims 2 and 21, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the COT is generated based on a type 1 channel access([0055], [0082]-[0084], transmitting UE may contend for a COT in the shared spectrum in order to communicate over the sidelink with one or more sidelink UEs by performing an LBT procedure (e.g., a category 4 (Cat4) LBT which is a type 1 channel access) in the shared spectrum to acquire to a COT to access a sidelink channel).
Regarding claims 3 and 22, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the type 1 channel access is a channel access based on random backoff([0051], [0055], [0078], performing LBT procedure (Cat4) LBT )in the shared spectrum, the LBT procedure involving adjusting its own backoff window), and the type 2 channel access is a channel access based on channel sensing for a certain time duration([0051], [0055], [0078], a type 2 channel access is equivalent to a Category 2(Cat2) LBT procedure. Cheng ‘340 discloses performing a Cat2 LBT procedure to obtain access to the sidelink channel within the shared spectrum).
Regarding claims 4 and 23, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the assistance information for the COT generation includes quality of service (QoS) profile information for SL data of the first device ([0074], [0127], [0156], the COT request may include CAPC which is one of the parameters that reads on QoS requirements (such as latency and reliability)).
Regarding claims 5 and 24, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the assistance information for the COT generation includes SL priority information for SL data of the first device ([0054], [0074], [0093] and Fig. 3, the COT sharing request/higher-layer parameter may indicate one of a plurality of channel access priority classes (CAPCs) for the second UE to use when obtaining the COT).
Regarding claims 6 and 25, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the assistance information for the COT generation includes at least one of maximum COT duration information preferred by the first device, a COT start time preferred by the first device, or a COT end time preferred by the first device ([0084], [0096] and Figs. 3-4, COT sharing information includes duration/end-time type information).
Regarding claim 7, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the assistance information for the COT generation includes remaining packet delay budget (PDB) information for SL data of the first device ([0076], [0077], [0094], COT sharing information including BSR/data buffer information).
Regarding claim 8, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the assistance information for the COT generation includes at least one of a maximum number of transmissions for SL data of the first device, a maximum number of retransmissions for the SL data of the first device, a maximum number of transmissions for a logical channel related to the SL data of the first device, or a maximum number of retransmissions for a logical channel related to the SL data of the first device([0076], [0094] and Figs. 3, 4, the COT sharing request may include an indication of a maximum number of COTs the second UE is to acquire and may include BSR information, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claim 9, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations, Chen ‘640 further teaches, wherein the assistance information for the COT generation is included in the first SCI, the second SCI, or a PC5 radio resource control (RRC) message([0073], [0074], [0092], [0093] and Fig. 3, the COT sharing request 370 may be included in COT sharing request field of a second-stage SCI message transmitted from transmitting UE 115a).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen ‘340 and Fakoorian ‘783 as applied to claims above, and further in view of Du et al(US 2024/0365352 A1).
Regarding claim 10, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations except, wherein the assistance information for the COT generation is included in the first MAC CE.
Du ‘352 teaches, wherein the assistance information for the COT generation is included in the first MAC CE ([0054], [0101], an assistance information being transmitted from a first device to second device via MAC CE).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Chen ‘340, by incorporating the teaching of Du ‘352, since such modification would provide efficient technique for device-to-device communications such as sidelink communication techniques and inter-UE coordination techniques, as suggested by Du ‘352([0004]).
Regarding claim 11, the combination of Chen ‘340, Fakoorian ‘783 and Du ‘352 teaches all the claim limitations, Du ‘352 further teaches, wherein, in logical channel prioritization (LCP), a priority of the first MAC CE including the assistance information for the COT generation is lower than a priority of data from a sidelink control channel (SCCH) and higher than a priority of data from a sidelink traffic channel (STCH)([0125]-[0129], in a case that the assistance information is delivered via MAC CE, the multiplexed order of UE for multiplexing is: data from SCCH, Sidelink CSI Reporting MAC CE, prioritized assistance information MAC CE and data from any STCH).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Chen ‘340, by incorporating the teaching of Du ‘352, since such modification would provide efficient technique for device-to-device communications such as sidelink communication techniques and inter-UE coordination techniques, as suggested by Du ‘352([0004]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chen ‘340 and Fakoorian ‘783 as applied to claims above, and further in view Cheng et al(US 2026/0122673 A1).
Regarding claim 12, the combination of Chen ‘340 and Fakoorian ‘783 teaches all the claim limitations except, wherein the information related to the COT is received from the second device through a second MAC CE.
Cheng ‘673 teaches, wherein the information related to the COT is received from the second device through a second MAC CE([0006], [0049], a COT sharing information is carried in MAC-CE).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Chen ‘340, by incorporating the teaching of Cheng ‘673, since such modification would provide improvement and enhancements for sidelink resource sharing in unlicensed frequency bands, as suggested by Cheng ‘673([0005]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chen ‘340, Fakoorian ‘783 and Cheng ‘673 as applied to claims above, and further in view Cheng et al(US 2026/0122673 A1).
Regarding claim 13, the combination of Chen ‘340, Fakoorian ‘783 and Cheng ‘673 teaches all the claim limitations except, wherein, in logical channel prioritization (LCP), a priority of the second MAC CE including the information related to the COT is lower than a priority of data from a sidelink control channel (SCCH) and higher than a priority of data from a sidelink traffic channel (STCH).
Du ‘352 teaches, wherein, in logical channel prioritization (LCP), a priority of the second MAC CE including the information related to the COT is lower than a priority of data from a sidelink control channel (SCCH) and higher than a priority of data from a sidelink traffic channel (STCH) ([0125]-[0129], in a case that the assistance information is delivered via MAC CE, the multiplexed order of UE for multiplexing is: [data from SCCH, Sidelink CSI Reporting MAC CE, prioritized assistance information MAC CE and data from any STCH).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Chen ‘340, by incorporating the teaching of Du ‘352, since such modification would provide efficient technique for device-to-device communications such as sidelink communication techniques and inter-UE coordination techniques, as suggested by Du ‘352([0004]).
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, which can be found: http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; or (3) EFS WEB. Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AWET A HAILE whose telephone number is (571)270-3114. The examiner can normally be reached Monday through Friday 8:30 AM - 4:30 PM EST.
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, Michael Thier can be reached at (571)272-2832. 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.
/AWET HAILE/Primary Examiner, Art Unit 2474
Prosecution Insights