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
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.
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.
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.
6. Claims 1-7, 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lohr et al (US 2025/0176038 A1, Provisional application No. 63/314,112, filed on February 25, 2022) in view of Lei et al (US 2023/0132437 A1).
Regarding claim 1, Lohr ‘038 discloses a method (see, SL DCI allocation SL resources to a UE indicating a CAPC index and/or values within the DCI which is to be used for performing LBT, section 0077) comprising: receiving (see, SL DCI for PSCCH and/or PSSC transmission, the UE performs SL LCP procedure upon receiving a SL DCI indicating a CAPC values, section 0077-0078), by a first user equipment (UE) (fig. 1, remote units 102 which receives DCI allocation sidelink resources, the UE/remote unit performs SL LCP procedure based on the CAPC, section 0033-0036), a first radio resource control (RRC) message (see, transmissions that are enabled through a combination of RRC signaling and message by DCI, section 0046,0050) related to a sidelink (SL) logical channel parameter (see, logical channel prioritization based on the DCI received from the network unit/base station or gNB or NodeB,, section 0069, see, LCH associated with CAPC,s section 0058-0059) from a base station (fig. 1, network unit 104/base station or gNB or Node-B which service remote units 102/UEs, section 0030-0036), wherein the first [[RRC]] message including information related to a first SL channel access priority class (CAPC) (see, DCI includes a CAPC field indicating a CAPC value and SL LCP procedure based on CAPC values for sidelink transport block according to the sidelink resources, section 0043, 0046); and performing Type 1 listen before talk (LBT) (see, Type 1 LBT for the transmission of sidelink TB, section 0079) of for transmission of a SL transport block (TB) based on the first SL CAPC (see, SL MAC CEs included in the SL TB, the highest priority CAPC is used, section 0079), wherein based on only a SL medium access control (MAC) control element (CE) being included in the SL TB (see, only SL MAC CES are included in the SL TB , the highest priority CAPC is used, section 0079), the first SL CAPC is a SL CAPC with a highest priority (see, the for SL MACE CEs includes in the SL TB, the highest priority CAPC is used, section 0079), and wherein based on the SL TB including a sidelink control channel (SCCH) service data unit (SDU) (see, SCCH SDUs are includes in the TB, the highest priority CAPC of the SCCHs is used, section 0079), the first SL CAPC is a SL CAPC with a highest priority (see, the for SL MACE CEs includes in the SL TB, the highest priority CAPC is used, section 0079).
Lohr ‘038 discloses all the claim limitations as set forth in the above rejection but fails to explicitly disclose: wherein the first RRC message including information related to a first SL channel access priority class (CAPC).
However, Lei et al (US 2023/0132437 A1, IDS) from a similar field of endeavor discloses: wherein the first RRC message including information related to a first SL channel access priority class (CAPC) (see, the set of CAPC values in Table 2 ort Table $a and Table 4.1.1.1 may be configured by higher layer (e.g., RRC) signaling, the set of CAPC values are predefined at a UE, section 048-0049, 00059-0060-the UE1 transmitted SCI to UE 2, the UE2 which then determines CAPC value among the plurality of CAPC values, the UE1 performs Type=1 channel access procedure, section 0090-0091).
In view of the above, it 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 to implement the RRC message indicating CAPC values for sidelink transmission via sidelink control information (SCI) as taught by Lei ‘437 into the sidelink logical prioritization based on channel access priority class values of Lohr ‘038. The motivation would have been to provide COT sharing between UEs (section 0006).
Regarding claim 2, Lohr ‘038 discloses the method of claim 1, wherein: based on only the SL MAC CE not being included in the SL TB and the SL TB not including the SCCH SDU (see, the UE adopts a lower CAPC values if SL TB could not be transmitted, section 0081) the first SL CAPC is a lowest priority of a SL CAPC of an logical channel with a MAC SDU multiplexed to the SL TB (see, the lowest priority CAPC of the SL logical channels with MAC SDU multiplexed in the TB is used, section 0079, 0057-0058).
Regarding claim 3, Lohr ‘038 discloses the method of claim 1, wherein: based on a PC5-S message being exchanged with a second UE (see, SL RRC /PC5-RRC message from a UE to other UEs, section 0079), a direct link is established between the first UE and the second UE (fig. 1, remote units/UEs which may communicate directly tithe other remote units via sidelink communication, section 0031).
Regarding claim 4, Lohr ‘038 discloses the method of claim 1, wherein: the first SL CAPC is used to transmit SL broadcast channel and a physical sidelink feedback channel (PSFCH) (see, SBCCH for broadcasting SL system information from a UE to other UEs such SL RRC /PC5-RRC message from a UE to other UEs, section 0079, noted: SL DCI indicates a HRQ process ID for SL allocation, section 0081).
Regarding claim 5, Lohr ‘038the method of claim 3, wherein: a PC5-RRC message for configuring a SL radio bearer (see, CAPA of radio bearers and MAC CEs, section 0057, 0058, 0060) and the SL MAC CE are transmitted to the second UE, and the PC5-RRC message includes the SCCH (section 0079-PC5-RRC message from a UE to other UE with respect to SL MAC CEs that are included in the SL TB).
Lohr ‘038 discloses all the claim limitations but fails to explicitly disclose: Regarding claim 6, the method of claim 5, wherein: a first sidelink control channel (SCI) scheduling a first physical sidelink shared channel (PSSCH) including the SL TB is transmitted to the second UE, and a first physical sidelink feedback channel (PSFCH) including HARQ-ACK information for the first PSSCH is received from the second UE.
Regarding claim 7, the method of claim 3, wherein: based on a second SCI including information indicating a second SL CPAC and a second PSSCH scheduled by the second SCI being received from the second UE, a second PSFCH including HARQ-ACK information for the second PSSCH is transmitted to the second UE using LBT based on the second SL CAPC.
Regarding claim 9, the method of claim 1, wherein: a third RRC message for configuring SL resource allocation mode 1 is received from the base station.
However, Lei et al (US 2023/0132437 A1) from a similar field of endeavor discloses: Lohr ‘038 discloses all the claim limitations but fails to explicitly disclose: Regarding claim 6, the method of claim 5, wherein: a first sidelink control channel (SCI) scheduling a first physical sidelink shared channel (PSSCH) (see, the UE1 transmits SCI (e.eg., PSCCH) within COT to other UEs for sidelink transmission, section 0050, 0053) including the SL TB is transmitted to the second UE (section 0053, 0054-rservce resource for HARQ-ACK feedback), and a first physical sidelink feedback channel (PSFCH) including HARQ-ACK information for the first PSSCH is received from the second UE (section 0050, 0053, 0055-the UE transmits HARQ-ACK feedback corresponding to the sidelink transmission, section 0055).
Regarding claim 7, the method of claim 3, wherein: based on a second SCI including information indicating a second SL CPAC (see, CAPC value used for initiating the COR which may be indicated in the SCI transmitted by the UE1 to other UEs, the UE 2 can determine the CAP value based on priority level value, section 0059, 0061) and a second PSSCH scheduled by the second SCI being received from the second UE (see, sidelink data to be transmitted by UE2 corresponding to a plurality of priority level values, section 0059, 0061), a second PSFCH including HARQ-ACK information for the second PSSCH is transmitted to the second UE using LBT based on the second SL CAPC (section 0059-HARQ-ACK feedback for sidelink transmission /sidelink data implicitly based on second CAPA value, section 0061).
Regarding claim 9, Lohr ‘038 as modified by Lei ‘437 discloses the method of claim 1, wherein: a third RRC message for configuring SL resource allocation mode 1 is received from the base station (see, in mode 1, resources may be assigned by a based station via dynamic scheduling or configured grant, the UE identifies candidate resources, section 0027, Lohr, section 0079-RRC messages).
In view of the above, it 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 to implement the RRC message indicating CAPC values for sidelink transmission via sidelink control information (SCI) as taught by Lei ‘437 into the sidelink logical prioritization based on channel access priority class values of Lohr ‘038. The motivation would have been to provide COT sharing between UEs (section 0006).
Regarding claim 10, A first user equipment (UE) (fig.1, UE /remote unit 101 in SL communication with other remote units 102/UEs 102) in a wireless communication system (see, fig. 1, wireless communication system 100 for SL LCP based on a CAPC where the remote units are coupled to network units 104/base station or gNB or NodeB, ,section 0030-0036), the first UE (fig. 2, remote un it 102/UE includes a processor 202 coupled to a memory 204 and transceiver (transmitter 210 and a receiver 212), section 0037-0044) comprising: at least one transceiver (fig. 2, remote un it 102/UE includes a processor 202 coupled to a memory 204 and transceiver (transmitter 210 and a receiver 212), section 0037-0044); and at least one processor coupled to the at least one transceiver (fig. 2, remote un it 102/UE includes a processor 202 coupled to a memory 204 and transceiver (transmitter 210 and a receiver 212), section 0037-0044), wherein the at least one processor fig. 2, remote un it 102/UE includes a processor 202 coupled to a memory 204 and transceiver (transmitter 210 and a receiver 212), section 0037-0044) is configured to: receive (fig. 2, the receiver receives DCI allocating sidelink resources, the DCI includes a CAPA filed indicating a CAPC values, section 0043-0044) a first radio resource control (RRC) message (see, transmissions that are enabled through a combination of RRC signaling and message by DCI, section 0046,0050) related to a sidelink (SL) logical channel parameter (see, logical channel prioritization based on the DCI received from the network unit/base station or gNB or NodeB,, section 0069, see, LCH associated with CAPC,s section 0058-0059) from a base station (fig. 1, network unit 104/base station or gNB or Node-B which service remote units 102/UEs, section 0030-0036) through the at least one transceiver (fig. 2, the remote unit/UE 102 receives via the transceiver, section 0043-0044),
wherein the first [[RRC]] message including information related to a first SL channel access priority class (CAPC) (see, DCI includes a CAPC field indicating a CAPC value and SL LCP procedure based on CAPC values for sidelink transport block according to the sidelink resources, section 0043, 0046); and performing Type 1 listen before talk (LBT) (see, Type 1 LBT for the transmission of sidelink TB, section 0079) of for transmission of a SL transport block (TB) based on the first SL CAPC (see, SL MAC CEs included in the SL TB, the highest priority CAPC is used, section 0079), wherein based on only a SL medium access control (MAC) control element (CE) being included in the SL TB (see, only SL MAC CES are included in the SL TB , the highest priority CAPC is used, section 0079), the first SL CAPC is a SL CAPC with a highest priority (see, the for SL MACE CEs includes in the SL TB, the highest priority CAPC is used, section 0079), and wherein based on the SL TB including a sidelink control channel (SCCH) service data unit (SDU) (see, SCCH SDUs are includes in the TB, the highest priority CAPC of the SCCHs is used, section 0079), the first SL CAPC is a SL CAPC with a highest priority (see, the for SL MACE CEs includes in the SL TB, the highest priority CAPC is used, section 0079).
Lohr ‘038 discloses all the claim limitations as set forth in the above rejection but fails to explicitly disclose: wherein the first RRC message including information related to a first SL channel access priority class (CAPC).
However, Lei et al (US 2023/0132437 A1, IDS) from a similar field of endeavor discloses: wherein the first RRC message including information related to a first SL channel access priority class (CAPC) (see, the set of CAPC values in Table 2 or Table $a and Table 4.1.1.1 may be configured by higher layer (e.g., RRC) signaling, the set of CAPC values are predefined at a UE, section 048-0049, 00059-0060-the UE1 transmitted SCI to UE 2, the UE2 which then determines CAPC value among the plurality of CAPC values, the UE1 performs Type-1 channel access procedure, section 0090-0091).
In view of the above, it 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 to implement the RRC message indicating CAPC values for sidelink transmission via sidelink control information (SCI) as taught by Lei ‘437 into the sidelink logical prioritization based on channel access priority class values of Lohr ‘038. The motivation would have been to provide COT sharing between UEs (section 0006).
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior arts either singularly or in combination fail to reasonably anticipate or render obvious “wherein: based on a second SCI that does not include information indicating a second SL CAPC and a second PSSCH scheduled by the second SCI being received from the second UE, a second PSFCH including HARQ-ACK information for the second PSSCH is transmitted to the second UE using LBT based on a SL CAPC corresponding to at least one of a second RRC message received from the second UE or the base station or at least one resource pool configured by the base station” recited in claim 8.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al (US 2021/0298070 A1) discloses channel access priority for sidelink communication in which resources and other parameters used by the UE are provided by base station in one or more of a RRC configuration or activation DCI (section 0052).
Zhang further discloses the CAPC informs the UE with respect to parameters to be used in relation to performing Listen-Before-Talk (LBT) (section 0053-0055, 0057-00558) where the UE selects a CAPC for sidelink transmission based on QoS information (section 0069-0072).
Han et al (US 2025/0274952 A1) discloses MAC CEs included in TB where the highest priority CAPA of the MAC CEs are used (section 0061-0068).
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang B Yao can be reached at 571 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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