DETAILED ACTION
This action is responsive to claims filed on 24 October 2024 and Information Disclosure Statements filed on 01 January 2025 and 26 February 2026.
Claims 1-12, and 16 are pending for examination.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-12 and 16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the following limitation in its final clause: “wherein transmission of a second PSSCH continues from a symbol immediately after a last symbol among symbols for the second PSSCH transmitted by the UE before the PSFCH until the LBT gap.” The claim language contains a fundamental internal contradiction that renders the meters and bounds of the claim entirely unclear. Specifically, the claim requires the “transmission of a second PSSCH” to continue from a symbol immediately after a last symbol for the second PSSCH.” By definition, a “last symbol” marks the absolute temporal end of a specific transmission. It is physically and logically impossible for a transmission to “continue” from a point in time that occurs after its own final symbol. If the transmission continues, the preceding symbol cannot be the last symbol.” Conversely, if it is truly the “last symbol,” the transmission has terminated and cannot continue. Because of this direct contradiction, a Person Having Ordinary Skills In The Art (PHOSITA) cannot ascertain what physical actions the UE is actually required to perform to satisfy this limitation. It is unclear whether the claim is intended to require. For example: “wherein a last symbol of the second PSSCH is extended using a cyclic prefix extension (CPE) or tail extension to fill a time duration up to the LBT gap, thereby maintain continuous channel occupation.”OR “wherein the second PSSCH is transmitted contiguously without any idle symbols until a boundary of the LBT gap.”Until this logical contradiction is resolved through explicit claim amendment, the claims remain indefinite under 35 U.S.C. 112(b).
Claim 16 recites: “wherein transmission of a second PSSCH continues from a symbol immediately after a last symbol among symbols for the second PSSCH transmitted by another UE before the PSFCH until the LBT gap, and wherein the other UE transmits the PSFCH.”Claim 16 is directed to a UE that is transmitting the PSCCH and the first PSSCH, and receiving the PSFCH. However, the claim then recites a “second PSSCH transmitted by another UE.” It is unclear how the timeline if this “second PSSCH” interacts with the first PSSCH and the PSFCH. Furthermore, If the “another UE” is transmitting the second PSSCH right up to the LBT gap, it is unclear how the claimant UE can receive the channel. This creates a severe contradiction in the operational steps of the claimed apparatus, rendering the scope of the claim entirely unclear.
Claim 3 and 9 recite: “wherein the LBT gap is included within a transmission-reception (Tx-Rx) switching period for the second PSSCH.” In claim 1, the UE is transmitting the PSFCH. If the UE is also transmitting the “second PSSCH” as recited in claim 1, the transition from second PSSCH to PSFCH is a Tx-to-Tx transition, not a Tx-Rx switching period. Alternatively, if the LBT gap is for switching from receiving the first PSSCH to transmitting the PSFCH, then the switching period is associated with the first PSSCH/PSFCH transition, not “for the second PSSCH.” The relationship between the LBT gap, the Tx-Rx switch, and the specific channels is ambiguous and unclear.
Claims 2-6, 8-12, and 16 are also rendered indefinite by virtue of their dependence from an indefinite base claim.
Claim Rejections - 35 USC § 103
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lei et al. (US 20230146718 A1) in view of Sun et al (US 20230146161 A1).
With regarding Claim 1 Lei, disclose a method of transmitting a physical sidelink feedback channel (PSFCH) by a user equipment (UE) in a wireless communication system, the method comprising (See FIG. 1, 5, and ¶[0043], [0058]. Disclosed the UE transmitting a PSFCH in unlicensed sidelink system.). receiving a physical sidelink control channel (PSCCH) (See FIG. 2, 5 and ¶[0054], [0051], [0035]. Disclosed that the Rx UE receiving both the PSCCH, and associated PSSCH); receiving a first physical sidelink shared channel (PSSCH) based on the PSCCH (See FIG. 4f, and ¶[0034]-[0035], [0044], [0054]-[0058]. Disclosed that the Rx UE receives the PSCCH, and associated PSSCH is scheduled by the SCI carried on the PSCCH.); Lei may not explicitly disclose performing listen-before-talk (LBT) during an LBT gap; and transmitting a PSFCH related to the first PSSCH based on a success of the LBT, wherein the LBT gap is located immediately before an earliest symbol among symbols for the PSFCH, wherein transmission of a second PSSCH continues from a symbol immediately after a last symbol among symbols for the second PSSCH transmitted by the UE before the PSFCH until the LBT gap.
However, in analogous art, Sun disclose performing listen-before-talk (LBT) during an LBT gap (See FIG. 6 and ¶[0033], [0062], [0100]. Disclosed a specific “gap duration” LBT gap using a CP extension, and then performing the LBT during that gap prior to the next transmission (e.g., PSFCH).); and transmitting a PSFCH related to the first PSSCH based on a success of the LBT (See FIG. 6, and ¶[0099]-[0100]. Disclosed the responding UE detecting a first sidelink transmission (PSSCH/PSCCH)), wherein the LBT gap is located immediately before an earliest symbol among symbols for the PSFCH (See ¶[0099], [0100]. Disclosed symbol-level mapping (e.g., using symbol 10 for the gap and symbol 11/12 for the PSFCH), proving the gap is immediately before the earliest PSFCH symbol.), wherein transmission of a second PSSCH continues from a symbol immediately after a last symbol among symbols for the second PSSCH transmitted by the UE before the PSFCH until the LBT gap (See ¶[0062], [0100]. Disclosed physical-layer mechanism (Cyclic Prefix Extension) used to “continue” the waveform occupation up to the LBT gap boundary without surrendering the COT.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sun to modify Lei. Lei teaches contiguous PSSCH transmission framework with Sun’s CP extension mechanism. Lei teachers established the system-level requirement for contiguous transmission up to the LBT gap to preserve the COT for PSFCH. Sun provides the standard-compliant physical layer mechanism (CP extension) to achieve that exact contiguous occupation without surrendering the COT. This combination yields a highly efficient NR-U sidelink COT-sharing that PSFCH delivery without COT discharge.
With regarding Claim 2, Lei and Sun disclosed the method of claim 1, Let wherein a length of the LBT gap is pre- configured or corresponds to one of a plurality of LBT gap lengths, which is indicated by sidelink control information (SCI) included in the PSCCH (See FIG. 4(a-f), and ¶[0035]-[0037], [0040]-[0041], [0044]-[0045]. Disclosed that the gap duration (which corresponds to the LBT gap lengths) depending on a plurality of factors, resulting in plurality of candidate gap lengths, and the indication via PSCCH SCI.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sun to modify Lei. Lei teaches a pre-configured set of plurality LBT gap lengths and dynamically indicate the selected length via PSCCH SCI in the NR-U sidelink system. Sun’s CP extension mechanism. Lei teachers established the system-level requirement for contiguous transmission up to the LBT gap to preserve the COT for PSFCH. Sun provides the standard-compliant physical layer mechanism (CP extension) to achieve that exact contiguous occupation without surrendering the COT. This combination yields a highly efficient NR-U sidelink COT-sharing that PSFCH delivery without COT discharge.
With regarding Claim 3, Lei and Sun disclose the method of claim 1, wherein the LBT gap is included within a transmission-reception (Tx-Rx) switching period for the second PSSCH (See FIG. 4(f), [0044]-[0057]. Disclosed that the LBT gap is positioned exactly between the end of the received PSSCH and the start of the transmitted PSFCH. The gap between a ( downlink(PSSCH) and uplink (PSFCH) is same as the Tx-RX switching period.)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sun to modify Lei. Lei teaches the UE switch its RF chain from receiving the PSSCH to transmitting the PSFCH, utilizing this exact switching gap to perform the LBT procedure. Sun teaches the waveform mechanics of the gap and SCS dependency¶[0061]-[0063]. The Combination ensure the UE switching improves the communication reliability.
With regarding Claim 4, Lei and Sun disclose the method of claim 3, wherein a number of symbols included in the Tx-Rx switching period is determined based on a length of the LBT gap and a subcarrier spacing (SCS) of the symbols included in the Tx-Rx switching period (See [0035], [0041]-[0045], [0057]. Disclosed that the time required for the LBT gap (e.g., 16 μs or about 25 μs) dictates the number of OFDM symbols needed, which scales inversely with the SCS.). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to combine Sun to modify Lei. Lei teaches the UE switch its RF chain from receiving the PSSCH to transmitting the PSFCH, utilizing this exact switching gap to perform the LBT procedure. Sun teaches the waveform mechanics of the gap and SCS dependency¶[0061]-[0063]. The Combination ensure the UE switching improves the communication reliability.
With regarding Claim 5, Lei and Sun disclose the method of claim 1, wherein the LBT is performed within a channel occupancy time (COT) obtained by a base station or another UE (See ¶[0043], [0057]. Disclosed the transmitting UE (Tx UE) acquires the COT, and the receiving UE (Rx UE) performs its LBT for the PSFCH within that Tx UE’s COT.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sun to modify Lei. Lei teaches the PSFCH LBT within a COT obtained by another UE (the Tx UE) or a base station. Sun teaches performed a Cat-4 LBT and acquired a COT, the responding UE can “piggyback” on that COT. The Combination ensure the UE switching improves the communication reliability.
With regarding Claim 6, Lei and Sun disclose the method of claim 1, wherein a length of the LBT gap is one of lengths for Type 2 LBT(See ¶[0040]-[0043], [0057]. Disclosed the Type-2 channel access procedure and explicitly ties the reserves LBT gap before the PSFCH to this specific procedure and its required sensing intervals.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sun to modify Lei. Lei teaches configure the length of the LBT gap to be one of the lengths for Type 2 LBT. Sun teaches that the physical length of the gap (controlled via CP extension) is determined by the LBT gap time threshold of (e.g., 16 μs or about 25 μs), which is lengths required to perform a CAT2 LBT (Type 2 LBT) instead of a CAT4 LBT (Type 1 LBT) ¶[0035], [0058], [0060], [0100]. The Combination ensure the Rx UE can perform a short Cat 2 LBT for the PSFCH without causing the initiating UE to surrender the channel to the unlicensed spectrum. With regarding Claim 7, Lei and Sun disclose a user equipment (UE) configured to transmit a physical sidelink feedback channel (PSFCH) in a wireless communication system, the UE comprising(See FIG. 1, 5, and ¶[0043], [0058]. Disclosed the UE transmitting a PSFCH in unlicensed sidelink system.): at least one transceiver (See FIG 6-7, ¶[0061], [0065]); at least one processor(See FIG 6-7, ¶[0060]-[0061], [0064]-[0065]); and at least one memory operatively connected to the at least one processor and storing instructions that, when executed, cause the at least one processor to perform operations (See FIG 6-7, ¶[0060]-[0062], [0064]-[0066]): receiving a physical sidelink control channel (PSCCH) (See FIG. 2, 5 and ¶[0054], [0051], [0035]. Disclosed that the Rx UE receiving both the PSCCH, and associated PSSCH); receiving a first physical sidelink shared channel (PSSCH) based on the PSCCH (See FIG. 4f, and ¶[0034]-[0035], [0044], [0054]-[0058]. Disclosed that the Rx UE receives the PSCCH, and associated PSSCH is scheduled by the SCI carried on the PSCCH.); Lei may not explicitly disclose performing listen-before-talk (LBT) during an LBT gap; and transmitting a PSFCH related to the first PSSCH based on a success of the LBT, wherein the LBT gap is located immediately before an earliest symbol among symbols for the PSFCH, wherein transmission of a second PSSCH continues from a symbol immediately after a last symbol among symbols for the second PSSCH transmitted by the UE before the PSFCH until the LBT gap.
However, in analogous art, Sun disclose performing listen-before-talk (LBT) during an LBT gap (See FIG. 6 and ¶[0033], [0062], [0100]. Disclosed a specific “gap duration” LBT gap using a CP extension, and then performing the LBT during that gap prior to the next transmission (e.g., PSFCH).); and transmitting a PSFCH related to the first PSSCH based on a success of the LBT (See FIG. 6, and ¶[0099]-[0100]. Disclosed the responding UE detecting a first sidelink transmission (PSSCH/PSCCH)), wherein the LBT gap is located immediately before an earliest symbol among symbols for the PSFCH (See ¶[0099], [0100]. Disclosed symbol-level mapping (e.g., using symbol 10 for the gap and symbol 11/12 for the PSFCH), proving the gap is immediately before the earliest PSFCH symbol.), wherein transmission of a second PSSCH continues from a symbol immediately after a last symbol among symbols for the second PSSCH transmitted by the UE before the PSFCH until the LBT gap (See ¶[0062], [0100], [0043], [0058]. Disclosed physical-layer mechanism (Cyclic Prefix Extension) used to “continue” the waveform occupation up to the LBT gap boundary without surrendering the COT.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sun to modify Lei. Lei teaches contiguous PSSCH transmission framework with Sun’s CP extension mechanism. Lei teachers established the system-level requirement for contiguous transmission up to the LBT gap to preserve the COT for PSFCH. Sun provides the standard-compliant physical layer mechanism (CP extension) to achieve that exact contiguous occupation without surrendering the COT. This combination yields a highly efficient NR-U sidelink COT-sharing that PSFCH delivery without COT discharge. With regarding Claim 8, through of a different scope, the limitations of claim 8 are substantially similar or identical to those of claim 2, and is rejected under the same reasoning. With regarding Claim 9, through of a different scope, the limitations of claim 9 are substantially similar or identical to those of claim 3, and is rejected under the same reasoning. With regarding Claim 10, through of a different scope, the limitations of claim 10 are substantially similar or identical to those of claim 4, and is rejected under the same reasoning. With regarding Claim 11, through of a different scope, the limitations of claim 11 are substantially similar or identical to those of claim 5, and is rejected under the same reasoning. With regarding Claim 12, through of a different scope, the limitations of claim 12 are substantially similar or identical to those of claim 6, and is rejected under the same reasoning. With regarding Claim 16, through of a different scope, the limitations of claim 16 are substantially similar or identical to those of claim 1/7, and is rejected under the same reasoning.
Conclusion
The prior art reference relied upon in this rejection Lei et al. (US 20230146718 A1) were previously made of record on 24 October 2024.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Liu et al. US 20230371073 A1, and Xue et al. US 20220070921 A1. Liu teaches the PSFCH-specific LBT timing: “The listen before talk procedure performed by the UE, in a guard symbol before PSFCH symbol, is used for 25 μs LBT (Cat 2 single-shot LBT) in COT sharing scenario See ¶ FIG. 4[0070]”. The LBT gap being located immediately before the PSFCH within the Tx-Rx switching period with a Type 2 LBT length. Xue teaches that the length of this LBT gap is indicated via SCI in the PSCH See ¶[0044], [0122] and that the number of symbols in this gap scales based on the Subcarrier Spacing (SCS) to meet the absolute time threshold. ¶[0041], [0074].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIVAKRISHNA VALLAMDASU whose telephone number is (571)272-5249. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marcus R Smith can be reached at 5712701096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/S.V./Examiner, Art Unit 2468
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/MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
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