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 .
Double Patenting
Claims 1 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 26 and 35 of U.S. Patent No. 10743293. Although the claims at issue are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Instant Application
U.S. Patent No. 10743293
Claim 1:
A wireless transmit/receive unit (WTRU) comprising
a processor, the processor configured to:
receive an indication of priority information for a first sidelink transmission;
select, based on at least a signal strength, one or more resources for sending a second sidelink transmission;
and determine, based on at least the priority information, to send a scheduling assignment,
the scheduling assignment comprising an indication of the selected one or more resources.
Claim 26:
A wireless transmit/receive unit (WTRU) in communication with a wireless communication network,
the WTRU comprising any of a memory,
a processor,
a transmitter,
and a receiver,
the WTRU configured to:
receive configuration information associated with the WTRU transmitting pre-emption indications;
determine whether to transmit a pre-emption indication associated with a data transmission of the WTRU;
select grant transmission resources according to signal strength measurements performed on signals received by the receiver;
and transmit the pre-emption indication to a node of the wireless communication network using the selected grant transmission resources
Claim 11:
A method implemented by a wireless transmit/receive unit (WTRU), the method comprising:
receiving an indication of priority information for a first sidelink transmission;
selecting, based on at least a signal strength, one or more resources for sending a second sidelink transmission;
and determining, based on at least the priority information, to send a scheduling assignment,
the scheduling assignment comprising an indication of the selected one or more resources.
Claim 35:
A method implemented by a wireless transmit/receive unit (WTRU), comprising any of a memory,
a processor,
a transmitter,
and a receiver, communicating with a network, the method comprising:
receiving configuration information associated with the WTRU transmitting pre-emption indications;
determining whether to transmit a pre-emption indication associated with a data transmission of the WTRU;
selecting grant transmission resources according to signal strength measurements performed on signals received by the receiver;
and transmitting the pre-emption indication using the randomly selected grant transmission resources
Claims 1, 6-7, 11, and 16-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 9, 11 and 18 of U.S. Patent No. 11758519. Although the claims at issue are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Instant Application
U.S. Patent No. 11758519
Claim 1:
A wireless transmit/receive unit (WTRU) comprising
a processor, the processor configured to:
receive an indication of priority information for a first sidelink transmission;
select, based on at least a signal strength, one or more resources for sending a second sidelink transmission;
and determine, based on at least the priority information, to send a scheduling assignment,
the scheduling assignment comprising an indication of the selected one or more resources.
Claim 1:
A first wireless transmit/receive unit (WTRU) comprising: a processor configured to:
transmit a first scheduling assignment for a first sidelink data transmission, the first scheduling assignment indicating a first priority level associated with the first sidelink data transmission, a first duration associated with the first sidelink data transmission, and one or more first resources;
receive a second scheduling assignment from a second WTRU for a second sidelink data transmission, the second scheduling assignment indicating a second priority level associated with the second sidelink data transmission, a second duration associated with the second sidelink data transmission, and one or more second resources;
determine that one or more first resources being used by the first WTRU for the first sidelink data transmission correspond with a second resource of the one or more second resources;
determine that the first priority level is less than the second priority level;
select one or more third resources for the first sidelink data transmission based on the determination that the one or more first resources correspond with the second resource and the determination that the first priority level is less than the second priority level;
transmit a third scheduling assignment; and transmit the first sidelink data transmission on the one or more third resources
Claim 9:
The first WTRU of claim 2, wherein the processor is further configured to measure signal strength associated with the second scheduling assignment,
and wherein the processor is further configured to exclude a resource from the one or more second resources based on the measured signal strength being greater than a pre-defined threshold
Claim 6:
The WTRU of claim 1, wherein the processor is configured to determine that the signal strength is greater than a threshold.
Claim 9:
The first WTRU of claim 2, wherein the processor is further configured to measure signal strength associated with the second scheduling assignment,
and wherein the processor is further configured to exclude a resource from the one or more second resources based on the measured signal strength being greater than a pre-defined threshold
Claim 7:
The WTRU of claim 6, wherein the processor is configured to exclude the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold.
Claim 9:
The first WTRU of claim 2, wherein the processor is further configured to measure signal strength associated with the second scheduling assignment,
and wherein the processor is further configured to exclude a resource from the one or more second resources based on the measured signal strength being greater than a pre-defined threshold
Claim 11:
A method implemented by a wireless transmit/receive unit (WTRU), the method comprising:
receiving an indication of priority information for a first sidelink transmission;
selecting, based on at least a signal strength, one or more resources for sending a second sidelink transmission;
and determining, based on at least the priority information, to send a scheduling assignment,
the scheduling assignment comprising an indication of the selected one or more resources.
Claim 11:
A method performed by a first wireless transmit/receive unit (WTRU), the method comprising:
transmitting a first scheduling assignment for a first sidelink data transmission, the first scheduling assignment indicating a first priority level associated with the first sidelink data transmission, a first duration associated with the first sidelink data transmission, and one or more first resources;
receiving a second scheduling assignment from a second WTRU for a second sidelink data transmission, the second scheduling assignment indicating a second priority level associated with the second sidelink data transmission, a second duration associated with the second sidelink data transmission, and one or more second resources;
determining that one or more first resources being used by the first WTRU for the first sidelink data transmission correspond with a second resource of the one or more second resources;
determining that the first priority level is less than the second priority level;
selecting one or more third resources for the first sidelink data transmission based on the determination that the one or more first resources correspond with the second resource and the determination that the first priority level is less than the second priority level;
transmitting a third scheduling assignment; and transmitting the first sidelink data transmission on the one or more third resources
Claim 18:
The method of claim 11, further comprising measuring signal strength associated with the second scheduling assignment, and wherein the processor is further configured to exclude a resource from the one or more second resources based on the measured signal strength being greater than a pre-defined threshold
Claim 16:
The method of claim 11, comprising determining that the signal strength is greater than a threshold.
Claim 18:
The method of claim 11, further comprising measuring signal strength associated with the second scheduling assignment, and wherein the processor is further configured to exclude a resource from the one or more second resources based on the measured signal strength being greater than a pre-defined threshold
Claim 17:
The method of claim 16, comprising excluding the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold.
Claim 18:
The method of claim 11, further comprising measuring signal strength associated with the second scheduling assignment, and wherein the processor is further configured to exclude a resource from the one or more second resources based on the measured signal strength being greater than a pre-defined threshold
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5, 8-11, 14-15, and 18-20 of U.S. Patent No. 12185287. Although the claims at issue are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Instant Application
U.S. Patent No. 12185287
Claim 1:
A wireless transmit/receive unit (WTRU) comprising
a processor, the processor configured to:
receive an indication of priority information for a first sidelink transmission;
select, based on at least a signal strength, one or more resources for sending a second sidelink transmission;
and determine, based on at least the priority information, to send a scheduling assignment,
the scheduling assignment comprising an indication of the selected one or more resources.
Claim 1:
A first wireless transmit/receive unit (WTRU) comprising: a processor configured to:
receive a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
determine to send a second sidelink data transmission, wherein the second sidelink data transmission is associated with a second priority, the second priority being lower than the first priority;
determine a signal strength associated with the first scheduling assignment;
select one or more resources for sending the second sidelink data transmission, wherein the first WTRU determines that the one or more first resources are available for transmission of the second sidelink data transmission based on at least the signal strength associated with the first scheduling assignment being below a threshold;
and send a second scheduling assignment for the second sidelink data transmission, the second scheduling assignment comprising an indication of the selected one or more resources.
Claim 2:
The WTRU of claim 1, wherein the scheduling assignment comprises a first scheduling assignment,
and wherein the indication of the priority information is comprised in a second scheduling assignment.
Claim 1:
A first wireless transmit/receive unit (WTRU) comprising: a processor configured to:
receive a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
and send a second scheduling assignment for the second sidelink data transmission, the second scheduling assignment comprising an indication of the selected one or more resources.
Claim 3:
The WTRU of claim 2, wherein the processor is configured to determine the signal strength, the signal strength associated with the second scheduling assignment.
Claim 1:
A first wireless transmit/receive unit (WTRU) comprising: a processor configured to:
receive a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
determine a signal strength associated with the first scheduling assignment;
Claim 4:
The WTRU of claim 2, wherein the second scheduling assignment comprises an indication of the one or more resources.
Claim 1:
A first wireless transmit/receive unit (WTRU) comprising: a processor configured to:
receive a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
Claim 5:
The WTRU of claim 1, wherein the processor configured to select the one or more resources for sending the second sidelink transmission based on at least the signal strength comprises the processor being configured to select the one or more resources based on the signal strength being below a threshold.
Claim 3:
The first WTRU of claim 2, wherein at least one of the one or more first resources are selected for sending the second sidelink data transmission based on at least the signal strength associated with the first scheduling assignment being less than the threshold.
Claim 6:
The WTRU of claim 1, wherein the processor is configured to determine that the signal strength is greater than a threshold.
Claim 4:
The first WTRU of claim 1, wherein the processor is further configured to: determine that the signal strength associated with the first scheduling assignment is greater than the threshold.
Claim 7:
The WTRU of claim 6, wherein the processor is configured to exclude the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold.
Claim 5:
The first WTRU of claim 4, wherein the one or more first resources are excluded from resource selection for the second sidelink data transmission based on at least the signal strength associated with the first scheduling assignment being greater than the threshold.
Claim 8
Claim 10
Claim 9
Claim 8
Claim 10
Claim 9
Claim 11:
A method implemented by a wireless transmit/receive unit (WTRU), the method comprising:
receiving an indication of priority information for a first sidelink transmission;
selecting, based on at least a signal strength, one or more resources for sending a second sidelink transmission;
and determining, based on at least the priority information, to send a scheduling assignment,
the scheduling assignment comprising an indication of the selected one or more resources.
Claim 11:
A method implemented by a first wireless transmit/receive unit (WTRU), the method comprising:
receiving a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
determining to send a second sidelink data transmission, wherein the second sidelink data transmission is associated with a second priority, the second priority being lower than the first priority;
determining a signal strength associated with the first scheduling assignment;
selecting one or more resources for sending the second sidelink data transmission, wherein the first WTRU determines that the one or more first resources are available for transmission of the second sidelink data transmission based on at least the signal strength associated with the first scheduling assignment being below a threshold;
and sending a second scheduling assignment for the second sidelink data transmission, the second scheduling assignment comprising an indication of the selected one or more resources.
Claim 12:
The method of claim 11, wherein the scheduling assignment comprises a first scheduling assignment, and wherein the indication of the priority information is comprised in a second scheduling assignment.
Claim 11:
A method implemented by a first wireless transmit/receive unit (WTRU), the method comprising:
receiving a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
and sending a second scheduling assignment for the second sidelink data transmission, the second scheduling assignment comprising an indication of the selected one or more resources.
Claim 13:
The method of claim 12, comprising determining the signal strength, the signal strength associated with the second scheduling assignment.
Claim 11:
A method implemented by a first wireless transmit/receive unit (WTRU), the method comprising:
receiving a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
determining a signal strength associated with the first scheduling assignment;
Claim 14:
The method of claim 12, wherein the second scheduling assignment comprises an indication of the one or more resources.
Claim 11:
A method implemented by a first wireless transmit/receive unit (WTRU), the method comprising:
receiving a first scheduling assignment for a first sidelink data transmission from a second WTRU, the first scheduling assignment comprising an indication of one or more first resources and an indication of a first priority;
Claim 15:
The method of claim 11, wherein sending the second sidelink transmission based on at least the signal strength comprises selecting the one or more resources based on the signal strength being below a threshold.
Claim 13:
The method of claim 12, wherein at least one of the one or more first resources are selected for sending the second sidelink data transmission based on at least the signal strength associated with the first scheduling assignment being less than the threshold
Claim 16:
The method of claim 11, comprising determining that the signal strength is greater than a threshold.
Claim 14:
The method of claim 11, further comprising: determining that the signal strength associated with the first scheduling assignment is greater than the threshold
Claim 17:
The method of claim 16, comprising excluding the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold.
Claim 15:
The method of claim 14, wherein the one or more first resources are excluded from resource selection for the second sidelink data transmission based on at least the signal strength associated with the first scheduling assignment being greater than the threshold
Claim 18
Claim 20
Claim 19
Claim 18
Claim 20
Claim 19
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.
Claims 1-6, 8-9, 11-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 2016/0345348) in view of Wallentin et al. (US 2017/0041942).
Regarding Claim 1, Chae teaches a wireless transmit/receive unit (WTRU) comprising a processor, the processor configured to: (Par. [0008] “In another aspect of the present invention, a D2D terminal for transmitting a D2D control channel in a wireless communication system includes a reception module, and a processor”),
select, based on at least a signal strength, one or more resources for sending a second sidelink transmission; (Par. [0096] “An operation for determining a D2D signal Tx timing and selecting a resource pool according to the afore-described scheduling schemes may be determined according to a signal strength from an eNB (Reference Signal Received Power (RSRP)/Reference Signal Received Quality (RSRQ), (E)PDCCH Block Error Rate (BLER), SS reception performance, etc.), a connection state with the eNB, a distance to the eNB, and whether a ORS is detected or not”),
and a scheduling assignment comprising an indication of the selected one or more resources (Par. [0055] “Hereinbelow, D2D communication may be referred to as a side link. Further, in the following description, a Scheduling Assignment (SA) may be a physical-layer signal (i.e., a signal carrying D2D control information) indicating the positions of time resources and/or frequency resources for D2D signal transmission, a Modulation and Coding Scheme (MCS), and the like before the D2D signal transmission”).
Chae, however, does not explicitly teach receive an indication of priority information for a first sidelink transmission; and determine, based on at least the priority information, to send a scheduling assignment.
In the same field of endeavor, Wallentin teaches receive an indication of priority information for a first sidelink transmission; (Fig. 4, Par. [0029] “In embodiments, data receiver 1 406 may be a part of a UE which will receive the data (e.g., priority data) communicated by data transmitter 1”),
and determine, based on at least the priority information, to send a scheduling assignment (Par. [0052] “In embodiments, flows 602 and 604 may be associated with different priority levels. In embodiments, monitoring entity 414 determines an availability of resources, and sends flow 606 which is a trigger to scheduler 412. In embodiments, scheduler 412 determines a scheduling assignment (SA) and sends, in flow 608, to data transmitter 2 408 regarding high priority data is about to be sent”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to improve device to device communications in cases of high amounts of traffic within a network (Wallentin Par. [0010]).
Regarding Claim 2, Chae in view of Wallentin teaches the invention of Claim 1, where Wallentin further teaches the scheduling assignment comprises a first scheduling assignment, (Par. [0052] “In embodiments, flows 602 and 604 may be associated with different priority levels. In embodiments, monitoring entity 414 determines an availability of resources, and sends flow 606 which is a trigger to scheduler 412. In embodiments, scheduler 412 determines a scheduling assignment (SA) and sends, in flow 608, to data transmitter 2 408 regarding high priority data is about to be sent”),
and wherein the indication of the priority information is comprised in a second scheduling assignment (Par. [0036] “At step 504, after having received a trigger from the monitoring entity, the scheduler communicates a priority indicator as part of a scheduling assignment (SA)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to improve device to device communications in cases of high amounts of traffic within a network (Wallentin Par. [0010]).
Regarding Claim 3, Chae in view of Wallentin teaches the invention of Claim 2, where Chae further teaches determine the signal strength, the signal strength associated with the second scheduling assignment (Par. [0055] “Hereinbelow, D2D communication may be referred to as a side link. Further, in the following description, a Scheduling Assignment (SA) may be a physical-layer signal (i.e., a signal carrying D2D control information) indicating the positions of time resources and/or frequency resources for D2D signal transmission, a Modulation and Coding Scheme (MCS), and the like before the D2D signal transmission” and Par. [0096] “An operation for determining a D2D signal Tx timing and selecting a resource pool according to the afore-described scheduling schemes may be determined according to a signal strength from an eNB (Reference Signal Received Power (RSRP)/Reference Signal Received Quality (RSRQ), (E)PDCCH Block Error Rate (BLER), SS reception performance, etc.), a connection state with the eNB, a distance to the eNB, and whether a ORS is detected or not”).
Regarding Claim 4, Chae in view of Wallentin teaches the invention of Claim 2, where Chae teaches the second scheduling assignment comprises an indication of the one or more resources (Par. [0055] “Hereinbelow, D2D communication may be referred to as a side link. Further, in the following description, a Scheduling Assignment (SA) may be a physical-layer signal (i.e., a signal carrying D2D control information) indicating the positions of time resources and/or frequency resources for D2D signal transmission, a Modulation and Coding Scheme (MCS), and the like before the D2D signal transmission”).
Regarding Claim 5, Chae in view of Wallentin teaches the invention of Claim 1, where Chae further teaches the processor configured to select the one or more resources for sending the second sidelink transmission based on at least the signal strength comprises the processor being configured to select the one or more resources based on the signal strength being below a threshold (Par. [0096] “On the contrary, if the strength of the signal received from the eNB is equal to or less than the predetermined threshold, a D2D signal may be transmitted in a resource pool indicated by the eNB or a pre-configured resource pool without TA application (at a DL timing or at a time point corresponding to a predetermined offset applied to the DL timing)”).
Regarding Claim 6, Chae in view of Wallentin teaches the invention of Claim 1, where Chae further teaches the processor is configured to determine that the signal strength is greater than a threshold (Par. [0096] “For example, if the strength of a signal received from an eNB is equal to or larger than a predetermined threshold, a D2D signal may be transmitted by using resources indicated by the eNB according to a TA or timing offset indicated by the eNB”).
Regarding Claim 8, Chae in view of Wallentin teaches the invention of Claim 1, where Chae further teaches the threshold is comprised in a configuration received by the WTRU (Par. [0096] If there are a plurality of resource pools to which a TA is applied and/or there are a plurality of resource pools to which a TA is not applied, each resource pool may be distinguished by a signal strength, or a transmission power level may be pre-configured for each resource pool so that a UE may transmit a signal with the same transmission power or only within a predetermined transmission power range in the same pool).
Regarding Claim 9, Chae in view of Wallentin teaches the invention of Claim 1, where Chae further teaches the processor is configured to receive a resource release indication corresponding to the one or more resources (Par. [0099] “Upon receipt of the signal, the eNB may signal, to the UE, transmission with TA=0 in a resource pool configured by the eNB or a preset resource pool (or release of the resources indicated by the eNB), without any further transmission with the TA in the resources indicated by the eNB”).
Regarding Claim 11, Chae teaches a method implemented by a wireless transmit/receive unit (WTRU), the method comprising: (Par. [0008] “In another aspect of the present invention, a D2D terminal for transmitting a D2D control channel in a wireless communication system includes a reception module, and a processor”),
selecting, based on at least a signal strength, one or more resources for sending a second sidelink transmission; (Par. [0096] “An operation for determining a D2D signal Tx timing and selecting a resource pool according to the afore-described scheduling schemes may be determined according to a signal strength from an eNB (Reference Signal Received Power (RSRP)/Reference Signal Received Quality (RSRQ), (E)PDCCH Block Error Rate (BLER), SS reception performance, etc.), a connection state with the eNB, a distance to the eNB, and whether a ORS is detected or not”),
and the scheduling assignment comprising an indication of the selected one or more resources (Par. [0055] “Hereinbelow, D2D communication may be referred to as a side link. Further, in the following description, a Scheduling Assignment (SA) may be a physical-layer signal (i.e., a signal carrying D2D control information) indicating the positions of time resources and/or frequency resources for D2D signal transmission, a Modulation and Coding Scheme (MCS), and the like before the D2D signal transmission”).
Chae, however, does not explicitly teach receiving an indication of priority information for a first sidelink transmission; and determining, based on at least the priority information, to send a scheduling assignment.
In the same field of endeavor, Wallentin teaches receiving an indication of priority information for a first sidelink transmission; (Fig. 4, Par. [0029] “In embodiments, data receiver 1 406 may be a part of a UE which will receive the data (e.g., priority data) communicated by data transmitter 1”),
and determining, based on at least the priority information, to send a scheduling assignment (Par. [0052] “In embodiments, flows 602 and 604 may be associated with different priority levels. In embodiments, monitoring entity 414 determines an availability of resources, and sends flow 606 which is a trigger to scheduler 412. In embodiments, scheduler 412 determines a scheduling assignment (SA) and sends, in flow 608, to data transmitter 2 408 regarding high priority data is about to be sent”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to improve device to device communications in cases of high amounts of traffic within a network (Wallentin Par. [0010]).
Regarding Claim 12, Chae in view of Wallentin teaches the invention of Claim 11, where Wallentin further teaches the scheduling assignment comprises a first scheduling assignment, (Par. [0052] “In embodiments, flows 602 and 604 may be associated with different priority levels. In embodiments, monitoring entity 414 determines an availability of resources, and sends flow 606 which is a trigger to scheduler 412. In embodiments, scheduler 412 determines a scheduling assignment (SA) and sends, in flow 608, to data transmitter 2 408 regarding high priority data is about to be sent”),
and wherein the indication of the priority information is comprised in a second scheduling assignment (Par. [0036] “At step 504, after having received a trigger from the monitoring entity, the scheduler communicates a priority indicator as part of a scheduling assignment (SA)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to improve device to device communications in cases of high amounts of traffic within a network (Wallentin Par. [0010]).
Regarding Claim 13, Chae in view of Wallentin teaches the invention of Claim 12, where Chae further teaches determining the signal strength, the signal strength associated with the second scheduling assignment (Par. [0055] “Hereinbelow, D2D communication may be referred to as a side link. Further, in the following description, a Scheduling Assignment (SA) may be a physical-layer signal (i.e., a signal carrying D2D control information) indicating the positions of time resources and/or frequency resources for D2D signal transmission, a Modulation and Coding Scheme (MCS), and the like before the D2D signal transmission” and Par. [0096] “An operation for determining a D2D signal Tx timing and selecting a resource pool according to the afore-described scheduling schemes may be determined according to a signal strength from an eNB (Reference Signal Received Power (RSRP)/Reference Signal Received Quality (RSRQ), (E)PDCCH Block Error Rate (BLER), SS reception performance, etc.), a connection state with the eNB, a distance to the eNB, and whether a ORS is detected or not”).
Regarding Claim 14, Chae in view of Wallentin teaches the invention of Claim 12, where Chae further teaches the second scheduling assignment comprises an indication of the one or more resources (Par. [0055] “Hereinbelow, D2D communication may be referred to as a side link. Further, in the following description, a Scheduling Assignment (SA) may be a physical-layer signal (i.e., a signal carrying D2D control information) indicating the positions of time resources and/or frequency resources for D2D signal transmission, a Modulation and Coding Scheme (MCS), and the like before the D2D signal transmission”).
Regarding Claim 15, Chae in view of Wallentin teaches the invention of Claim 11, where Chae further teaches sending the second sidelink transmission based on at least the signal strength comprises selecting the one or more resources based on the signal strength being below a threshold (Par. [0096] “On the contrary, if the strength of the signal received from the eNB is equal to or less than the predetermined threshold, a D2D signal may be transmitted in a resource pool indicated by the eNB or a pre-configured resource pool without TA application (at a DL timing or at a time point corresponding to a predetermined offset applied to the DL timing)”).
Regarding Claim 16, Chae in view of Wallentin teaches the invention of Claim 11, where Chae further teaches determining that the signal strength is greater than a threshold (Par. [0096] “For example, if the strength of a signal received from an eNB is equal to or larger than a predetermined threshold, a D2D signal may be transmitted by using resources indicated by the eNB according to a TA or timing offset indicated by the eNB”).
Regarding Claim 18, Chae in view of Wallentin teaches the invention of Claim 11, where Chae further teaches the threshold is comprised in a configuration received by the WTRU (Par. [0096] If there are a plurality of resource pools to which a TA is applied and/or there are a plurality of resource pools to which a TA is not applied, each resource pool may be distinguished by a signal strength, or a transmission power level may be pre-configured for each resource pool so that a UE may transmit a signal with the same transmission power or only within a predetermined transmission power range in the same pool).
Regarding Claim 19, Chae in view of Wallentin teaches the invention of Claim 11, where Chae further teaches receiving a resource release indication corresponding to the one or more resources (Par. [0099] “Upon receipt of the signal, the eNB may signal, to the UE, transmission with TA=0 in a resource pool configured by the eNB or a preset resource pool (or release of the resources indicated by the eNB), without any further transmission with the TA in the resources indicated by the eNB”).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 2016/0345348) in view of Wallentin et al. (US 2017/0041942) in further view of Park et al. (US 2014/0324974).
Regarding Claim 7, Chae in view of Wallentin teaches the invention of Claim 6, but does not explicitly teach the processor is configured to exclude the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold.
In the same field of endeavor, Park teaches the processor is configured to exclude the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold (Par. [0106] “At operation 805, the receiving device 20 may transmit, to the sending device 10, an Rx Response message including second resource information 570 that includes the link identifier Link_ID 571 and the adjusted start position information RU.sub.adjusted 573 of resources to be allocated, excluding the amount RU.sub.assigned of resources to be allocated, as described in FIG. 5B… Even in the example of FIG. 8, the operation, in which the receiving device 20 measures received power of a signal received from each D2D link, measures an SIR thereof, and compares the measured SIR with a threshold to determine whether to adjust resource information, may be optionally performed”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of combine Park’s exclusion of resources based on signal power with Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to prevent unnecessary waste of wireless resources (Park Par. [0006]).
Regarding Claim 17, Chae in view of Wallentin teaches the invention of Claim 16, but does not explicitly teach excluding the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold.
In the same field of endeavor, Park teaches excluding the one or more resources for the second sidelink transmission based on the signal strength being greater than the threshold (Par. [0106] “At operation 805, the receiving device 20 may transmit, to the sending device 10, an Rx Response message including second resource information 570 that includes the link identifier Link_ID 571 and the adjusted start position information RU.sub.adjusted 573 of resources to be allocated, excluding the amount RU.sub.assigned of resources to be allocated, as described in FIG. 5B… Even in the example of FIG. 8, the operation, in which the receiving device 20 measures received power of a signal received from each D2D link, measures an SIR thereof, and compares the measured SIR with a threshold to determine whether to adjust resource information, may be optionally performed”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of combine Park’s exclusion of resources based on signal power with Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to prevent unnecessary waste of wireless resources (Park Par. [0006]).
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 2016/0345348) in view of Wallentin et al. (US 2017/0041942) in further view of Zhang et al. (US 2017/0048878).
Regarding Claim 10, Chae in view of Wallentin teaches the invention of Claim 9, but does not explicitly teach the one or more resources are considered available for transmission based at least in part on receipt of the resource release indication.
In the same field of endeavor, Zhang teaches the one or more resources are considered available for transmission based at least in part on receipt of the resource release indication (Par. [0208] “Further, to make the terminal of a high service priority learn the released second resource, before releasing the occupied second resource, the terminal of a low service priority further sends a resource release response on a corresponding response subresource, so that after receiving the resource release response, the terminal of a high service priority may determine an available second resource according to the received resource release response”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of combine Zhang’s available resources based on a release indication with Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to increase the efficiency of resource reuse (Zhang Par. [0006]).
Regarding Claim 20, Chae in view of Wallentin teaches the invention of Claim 19 but does not explicitly teach the one or more resources are considered available for transmission based at least in part on receipt of the resource release indication.
In the same field of endeavor, Zhang teaches the one or more resources are considered available for transmission based at least in part on receipt of the resource release indication (Par. [0208] “Further, to make the terminal of a high service priority learn the released second resource, before releasing the occupied second resource, the terminal of a low service priority further sends a resource release response on a corresponding response subresource, so that after receiving the resource release response, the terminal of a high service priority may determine an available second resource according to the received resource release response”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of combine Zhang’s available resources based on a release indication with Wallentin’s receiving and sending of priority information with Chae’s resource selection based on signal strength to increase the efficiency of resource reuse (Zhang Par. [0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamazaki et al. (US 2016/0021676) discloses assigning to a plurality of UEs D2D-shared radio resource according to the priority of each UE.
Peng et al. (US 8107883) discloses prioritizing a resource in a D2D communication network for a specific UE based on received signal power.
Ryu et al. (US 9538484) discloses prioritizing resource units in a D2D communication network based on signal strength.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH NGHIA DINH whose telephone number is (571)272-7982. The examiner can normally be reached Mon. - Fri. 7:30AM-5PM.
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, Charles Appiah can be reached at 571-272-7904. 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.
/J.N.D./Examiner, Art Unit 2641
/CHARLES N APPIAH/Supervisory Patent Examiner, Art Unit 2641