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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, 13, 15, 17, 18, 23, 25, and 26 of U.S. Patent No. 12120682. Although the claims at issue are not identical, they are not patentably distinct from each other because the discloses claims are additions/compliments to operations and methods of carrying out these steps in both the transmit and receive directions of the first User Equipment and the method to implement these steps with the addition of adding the article (non-transitory computer-readable medium storage with instructions).
Instant Application 18889732
US 12120682 app: 17220234
Regarding claim 1. (Canceled)
Regarding claim 2 A first user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors configured to: receive, from a second UE, a sidelink control information message that includes a first resource reservation that indicates a reservation for one or more resources; and transmit, based at least in part on reception of the sidelink control information message, an indication that the first resource reservation is in conflict with a second resource reservation, the indication including an identification of the sidelink control information message.
Claim 2. A first user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors configured to: receive, in a sidelink control information message from a second UE, a resource reservation that indicates a reservation for one or more resources; and transmit, via a sidelink physical channel communication and based at least in part on [[the]] reception of the resource reservation, an indication that at least one resource of the one or more resources is in conflict with an additional resource reservation, the indication including one or more of an identification of the at least one resource, the indication being transmitted in a resource that is determined based at least in part on the resource reservation
Regarding claim 3 The first UE of claim 2, wherein, to transmit the indication, the one or more processors are configured to: transmit the indication in a resource that is determined based at least in part on the first resource reservation.
Claim 13. The first UE of claim 12, wherein the at least one resource of the one or more resources is in conflict with the additional resource reservation based at least in part on the at least one resource of the one or more resources overlapping in one or more of time or frequency with a resource associated with the additional resource reservation.
Regarding claim 4 The first UE of claim 2, wherein, to transmit the indication, the one or more processors are configured to: transmit the indication via a sidelink physical channel communication.
Claim 12. A first user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors configured to: receive, in a sidelink control information message from a second UE, a resource reservation that indicates a reservation for one or more resources; and transmit, via a sidelink physical channel communication and based at least in part on [[the]] reception of the resource reservation, an indication that at least one resource of the one or more resources is in conflict with an additional resource reservation, the indication including an identification of the at least one resource, the indication being transmitted in a resource that is determined based at least in part on the resource reservation.
Regarding claim 5 The first UE of claim 2, wherein the sidelink control information message is a first sidelink control information message, and wherein, to transmit the indication, the one or more processors are configured to: transmit the indication via a second sidelink control information message.
Claim 18. The first UE of claim 12, wherein the identification of the at least one resource comprises one or more of: an identification of a frequency allocation of a physical sidelink control channel of the at least one resource, an identification of a frequency allocation of a physical sidelink shared channel of the at least one resource, or an identification of a time allocation of the at least one resource.
Regarding claim 6 The first UE of claim 2, wherein the first resource reservation is for transmission of a physical sidelink shared channel.
See claim 18
Regarding claim 7 The first UE of claim 2, wherein the indication includes a source identification of the first resource reservation.
Claim 17. The first UE of claim 12, wherein the one or more processors are further configured to: receive, before reception of the resource reservation, a previous resource reservation that indicates an additional reservation for the at least one resource; or transmit, before reception of the resource reservation, the previous resource reservation, wherein the previous resource reservation has a same priority or a higher priority than a priority of the resource reservation
Regarding claim 8 The first UE of claim 2, wherein the second resource reservation is associated with the first UE or an additional UE.
Claim 15. The first UE of claim 12, wherein the at least one resource is reserved by the first UE or an additional UE.
Regarding claim 9 A method of wireless communication performed by a first user equipment (UE), comprising: receiving, from a second UE, a sidelink control information message that includes a first resource reservation that indicates a reservation for one or more resources; and transmitting, based at least in part on reception of the sidelink control information message, an indication that the first resource reservation is in conflict with a second resource reservation, the indication including an identification of the sidelink control information message.
See claim 1
Regarding claim 10 The method of claim 9, wherein transmitting the indication comprises: transmitting the indication in a resource that is determined based at least in part on the first resource reservation.
See claim 1
Regarding claim 11 The method of claim 9, wherein transmitting the indication comprises: transmitting the indication via a sidelink physical channel communication.
See claim 1
Regarding claim 12 The method of claim 9, wherein the sidelink control information message is a first sidelink control information message, and wherein transmitting the indication comprises transmitting the indication via a second sidelink control information message.
Claim 18. (Currently Amended) The first UE of claim 12, wherein the identification of the at least one resource comprises one or more of: an identification of a frequency allocation of a physical sidelink control channel of the at least one resource, an identification of a frequency allocation of a physical sidelink shared channel of the at least one resource, or an identification of a time allocation of the at least one resource.
Regarding claim 13 The method of claim 9, wherein the first resource reservation is for transmission of a physical sidelink shared channel.
Claim 12. A first user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors coupled to the one or more memories, the one or more processors configured to: receive, in a sidelink control information message from a second UE, a resource reservation that indicates a reservation for one or more resources; and transmit, via a sidelink physical channel communication and based at least in part on reception of the resource reservation, an indication that at least one resource of the one or more resources is in conflict with an additional resource reservation, the indication including one or more of an identification of the at least one resource, the indication being transmitted in a resource that is determined based at least in part on the resource reservation.
Regarding claim 14 The method of claim 9, wherein the indication includes a source identification of the first resource reservation.
Claim 17. The first UE of claim 12, wherein the one or more processors are further configured to: receive, before reception of the resource reservation, a previous resource reservation that indicates an additional reservation for the at least one resource; or transmit, before reception of the resource reservation, the previous resource reservation, wherein the previous resource reservation has a same priority or a higher priority than a priority of the resource reservation.
Regarding claim 15 The method of claim 9, wherein the second resource reservation is associated with the first UE or an additional UE.
Claim 15. The first UE of claim 12, wherein the at least one resource is reserved by the first UE or an additional UE.
Regarding claim 16 A non-transitory computer-readable medium storing one or more instructions for wireless communication, the one or more instructions comprising: one or more instructions that, when executed by one or more processors of a first user equipment (UE), cause the one or more processors to: receive, from a second UE, a sidelink control information message that includes a first resource reservation that indicates a reservation for one or more resources; and transmit, based at least in part on reception of the sidelink control information message, an indication that the first resource reservation is in conflict with a second resource reservation, the indication including an identification of the sidelink control information message.
Claim 23. A non-transitory computer-readable medium storing one or more instructions for wireless communication, the one or more instructions comprising: one or more instructions that, when executed by one or more processors of a first user equipment (UE), cause the one or more processors to: receive, in a sidelink control information message from a second UE, a resource reservation that indicates a reservation for one or more resources; and transmit, via a sidelink physical channel communication and based at least in part on reception of the resource reservation, an indication that at least one resource of the one or more resources is in conflict with an additional resource reservation, the indication including an identification of the at least one resource, the indication being transmitted in a resource that is determined based at least in part on the resource reservation, or an identification of the second UE.
Regarding claim 17 The non-transitory computer-readable medium of claim 16, wherein, to transmit the indication, the one or more instructions cause the one or more processors to: transmit the indication in a resource that is determined based at least in part on the first resource reservation.
Claim 26. The non-transitory computer-readable medium of claim 23, wherein the indication further includes [[the]] an identification of the resource reservation, and wherein the identification of the resource reservation comprises one or more of: an indication of a frequency allocation of a physical sidelink control channel associated with the resource reservation, an indication of a time allocation of the physical sidelink control channel associated with the resource reservation, an indication that identifies a portion of the resource reservation that indicates a reservation of the at least one resource, a cover code index for a demodulation reference signal used for the resource reservation.
Regarding claim 18 The non-transitory computer-readable medium of claim 16, wherein, to transmit the indication, the one or more instructions cause the one or more processors to: transmit the indication via a sidelink physical channel communication.
See claim 26 above
Regarding claim 19 The non-transitory computer-readable medium of claim 16, wherein the sidelink control information message is a first sidelink control information message, and wherein, to transmit the indication, the one or more instructions cause the one or more processors to:transmit the indication via a second sidelink control information message.
Claim 23. A non-transitory computer-readable medium storing one or more instructions for wireless communication, the one or more instructions comprising: one or more instructions that, when executed by one or more processors of a first user equipment (UE), cause the one or more processors to: receive, in a sidelink control information message from a second UE, a resource reservation that indicates a reservation for one or more resources; and transmit, via a sidelink physical channel communication and based at least in part on reception of the resource reservation, an indication that at least one resource of the one or more resources is in conflict with an additional resource reservation, the indication including an identification of the at least one resource, the indication being transmitted in a resource that is determined based at least in part on the resource reservation, or an identification of the second UE.
Regarding claim 20 The non-transitory computer-readable medium of claim 16, wherein the first resource reservation is for transmission of a physical sidelink shared channel.
See claim 23 above
Regarding claim 21 The non-transitory computer-readable medium of claim 16, wherein the indication includes a source identification of the first resource reservation.
Claim 25. The non-transitory computer-readable medium of claim 23, wherein the identification of the at least one resource comprises one or more of: an identification of a frequency allocation of a physical sidelink control channel of the at least one resource, an identification of a frequency allocation of a physical sidelink shared channel of the at least one resource, or an identification of a time allocation of the at least one resource.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: CN-113316967-A to Cao discloses conflict resolution of
assigned resources on D2D; and WO2020159303; US-20200344722-A1 to He.
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/L.S./Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
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