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
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.
Claim(s) 1-6, 13-15 and 21-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Phan et al. (EP 3982683).
Regarding claims 1, 14 and 15, Phan discloses a method, for performing wireless communication by a first device, the method comprising: obtaining, by a first device, information related to a first channel on a shared spectrum (see para. 007 and 0099, shared spectrum U-band and L-band; para. 0011, selecting one or more resources from at least one of the first pool and second pool for a SL transmission based on at least one outcome of the sensing on at least one of the first pool and the second pool; see para. 0095, Fig. 5 shows an illustration of an acquisition of a COT on an unlicensed band, as used by example embodiments according to all exemplary aspects); obtaining information related to a second channel on the shared spectrum (see para. 0011, selecting one or more resources from at least one of the first pool and second pool for a SL transmission based on at least one outcome of the sensing on at least one of the first pool and the second pool; see para. 0095, Fig. 5 shows an illustration of an acquisition of a COT on an unlicensed band, as used by example embodiments according to all exemplary aspects); obtaining first data to be transmitted on the first channel and second data to be transmitted on the second channel (see para. 0011, data on a first pool on first carrier and second pool on a second carrier); selecting a representative sidelink (SL) channel access priority class (CAPC) (see para. 0066-0067, SL resources controlled by traffic priority setting; para. 0101, the duration of both channel occupancy time and contention window depends on the channel access priority class associated with the UE’s traffic); and performing a first type channel access for the first channel and the second channel, during a first channel sensing duration based on the representative SL CAPC (see para. 0011, performing a sensing at least one of a first pool on a first carrier and second pool on a second carrier for sidelink communication using a sensing based UE selected resource allocation mode on at least one of the first pool and second pool; para. 0100, when UE initiates the communication… by applying LBT procedure where the channel must be deemed as free for the entire duration of a contention window in TS 27.213 it is identified as LBT Type 1).
Regarding claims 2 and 21, Phan wherein the first type channel access is a channel access based on a random backoff (see para. 0100-0101, CW max and CWmin determine the random backoff).
Regarding claims 3 and 22, Phan discloses wherein the first channel sensing duration is determined based on a maximum contention window size and a minimum contention window size related to the representative SL CAPC (see para. 0101)
Regarding claims 4 and 23, Phan discloses wherein the representative SL CAPC is one SL CAPC selected from among a first SL CAPC related to the first data and a second SL CAPC related to the second data (see Figure 1, para. 0078-0080, SL data to UE1, SL data to UE2; para. 0099-0101, shared channel spectrum for UEs with CAPC) .
Regarding claims 5 and 24, Phan discloses wherein the representative SL CAPC is a SL CAPC having a higher priority among a first SL CAPC related to the first data and a second SL CAPC related to the second data. (see para. 0100-0101).
Regarding claims 6 and 25, Phan discloses wherein the representative SL CAPC is a SL CAPC having a lower priority among a first SL CAPC related to the first data and a second SL CAPC related to the second data (see para. 0100-0101).
Regarding claim 13, Phan discloses further comprising: transmitting, to a second device, the first data on the first channel based on a success of the first type channel access to the first channel in the first channel sensing duration (see para. 0011, performing a sensing at least one of a first pool on a first carrier and second pool on a second carrier for sidelink communication using a sensing based UE selected resource allocation mode on at least one of the first pool and second pool).
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 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.
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phan in view of Huang et al. (US 2021/0037468 A1, hereinafter “Huang”).
Regarding claim 7, Phan discloses all the subject matter but fails to mention wherein a second channel sensing duration for physical sidelink feedback channel (PSFCH) transmission related to the first data or the second data is pre-configured. However, Huang from a similar field of endeavor wherein a second channel sensing duration for physical sidelink feedback channel (PSFCH) transmission related to the first data or the second data is pre-configured (see para. 0524 and 0539, sensing duration of wideband and narrowband is pre-configured). Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention was made to include Huang sensing duration scheme into Phan sidelink transmission scheme. The method can be implemented in a UE. The motivation of doing this is to power save of monitoring.
Regarding claim 8, Phan discloses all the subject matter but fails to mention further comprising: transmitting, to a second device, information related to a second channel sensing duration for PSFCH transmission related to the first data or the second data. However, Huang from a similar field of endeavor discloses further comprising: transmitting, to a second device, information related to a second channel sensing duration for PSFCH transmission related to the first data or the second data (see para. 0487, sensing duration). Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention was made to include Huang sensing duration scheme into Phan sidelink transmission scheme. The method can be implemented in a UE. The motivation of doing this is to power save of monitoring.
Regarding claim 9, Phan discloses all the subject matter but fails to mention wherein the information related to the second channel sensing duration is transmitted through sidelink control information (SCI), medium access control (MAC) control element (CE), or PC5 radio resource control (RRC) message. However, Huang from a similar field of endeavor discloses wherein the information related to the second channel sensing duration is transmitted through sidelink control information (SCI), medium access control (MAC) control element (CE), or PC5 radio resource control (RRC) message (see para. 0524, RRC, SCI or MAC-CE). Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention was made to include Huang sensing duration scheme into Phan sidelink transmission scheme. The method can be implemented in a UE. The motivation of doing this is to power save of monitoring.
Regarding claim 10, Phan discloses all the subject matter but fails to mention wherein a second type channel access is performed based on channel sensing for a certain time duration in the second channel sensing duration. However, Huang from a similar field of endeavor discloses wherein a second type channel access is performed based on channel sensing for a certain time duration in the second channel sensing duration (see para. 0539, sensing duration). Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention was made to include Huang sensing duration scheme into Phan sidelink transmission scheme. The method can be implemented in a UE. The motivation of doing this is to power save of monitoring.
Regarding claim 11, Phan discloses all the subject matter but fails to mention wherein information related to a second channel sensing duration for PSFCH transmission related to the first data or the second data is transmitted from a base station to a second device. However, Huang from a similar field of endeavor discloses wherein information related to a second channel sensing duration for PSFCH transmission related to the first data or the second data is transmitted from a base station to a second device (see para. 0176, base station schedules sidelink resources to be used by UE; para. 0308, PSFCH is pre-configured; para. 0476, sensing duration is pre-configured).Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention was made to include Huang sensing duration scheme into Phan sidelink transmission scheme. The method can be implemented in a UE. The motivation of doing this is to power save of monitoring.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phan in Xue et al. (US 2021/0400732 A1, hereinafter “Xue”).
Regarding claim 12, Phan discloses all the subject matter but fails to mention wherein a third channel sensing duration for PSFCH transmission related to the first data is determined based on a first SL CAPC related to the first data, and wherein a fourth channel sensing duration for PSFCH transmission related to the second data is determined based on a second SL CAPC related to the second data. However, Xue from a similar field of endeavor discloses wherein a third channel sensing duration for PSFCH transmission related to the first data is determined based on a first SL CAPC related to the first data, and wherein a fourth channel sensing duration for PSFCH transmission related to the second data is determined based on a second SL CAPC related to the second data (see para. 0069, first sensing duration and second sensing duration; 0079, sidelink channel may include PSFCH; para. 0080, CAPC). Thus, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention was made to include Xue sensing scheme into Phan channel access scheme. The method can be implemented in a UE. The motivation of doing this is to utilize resources efficiently.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD S ANWAR whose telephone number is (571)270-5641. The examiner can normally be reached M-F 6-5 EST.
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MOHAMMAD S. ANWAR
Primary Examiner
Art Unit 2463
/MOHAMMAD S ANWAR/Primary Examiner, Art Unit 2463
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