RESOURCE SELECTION FOR 5G NR V2X COMMUNICATIONS

DETAILED ACTION This action is responsive to the pending claims, 1-20, received 10 December 2024. Accordingly, the detailed action of claims 1-20 is as follows: 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 10 March 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12193044. Although the claims at issue are not identical, they are not patentably distinct from each other. Regarding claims 1-20, the instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical they are not patentably distinct from each other because claims 1-20 are generic to all that is recited in claims 1-20 of the patent. That is claims 1-20 are anticipated by claims 1-20 of the patent. The mapping of claims 1-20 of the instant application to the referenced patent are provided. Instant Application 18976229 US Patent 12193044 B2 1. A method comprising: excluding sub-channels corresponding to remaining non-excluded time slots from a next window of a communication channel, shared among a plurality of user equipment (UE), based on sidelink reference received signal power (SL-RSRP) values from a frequency domain of the communication channel; and reserving a resource remaining in the next window of the communication channel after excluding time slots from the next window of the communication channel and after excluding the sub-channels corresponding to the remaining non-excluded time slots from the next window of the communication channel. 1. What is claimed is: 1. A method comprising: measuring, via a user equipment (UE), sidelink reference received signal power (SL-RSRP) values from a frequency domain and a time domain of a current window of a communication channel shared among a plurality of UEs; excluding time slots from a next window of the communication channel based on the SL-RSRP values from the time domain; excluding sub-channels corresponding to remaining non-excluded time slots a from the next window of the communication channel based on the SL-RSRP values from the frequency domain; and selecting and reserving a resource remaining in the next window of the communication channel after the excluding the time slots and the sub-channels. 2. The method of claim 1, wherein the next window comprises: a two-dimensional array of cells in which a plurality of sub-channels are respectively assigned to a plurality of rows and a plurality of time slots are respectively assigned to a plurality of columns, and wherein measuring of the SL-RSRP values further comprises: measuring the SL-RSRP values in a time domain and the frequency domain for each cell in the two-dimensional array. 2. The method of claim 1, wherein the current window and the next window each comprise: a two-dimensional array of cells in which a plurality of sub-channels are respectively assigned to a plurality of rows and a plurality of time slots are respectively assigned to a plurality of columns, and wherein the measuring of the SL-RSRP values further comprises: measuring the SL-RSRP values in the time domain and the frequency domain for each cell in the two-dimensional array. 3. The method of claim 1, further comprising: applying a function to each SL-RSRP value in a time domain in a same time slot of a current window to generate representative SL-RSRP values for each time slot in the current window, and wherein the excluding of the time slots further comprises: excluding the time slots from the next window based on a comparison of the representative SL-RSRP values in the current window to a predefined combined SL-RSRP threshold value. 3. The method of claim 1, further comprising: applying a function to each SL-RSRP value in the time domain in a same time slot of the current window to generate representative SL-RSRP values for each time slot in the current window, and wherein the excluding of the time slots further comprises: excluding the time slots from the next window based on a comparison of the representative SL-RSRP values in the current window to a predefined combined SL-RSRP threshold value. 4. The method of claim 1, wherein the excluding of the sub-channels based on the SL-RSRP values in the frequency domain is performed on remaining communication resources available after the excluding of the time slots based on the SL-RSRP values in a time domain. 4. The method of claim 1, wherein the excluding of the sub-channels based on the SL-RSRP values in the frequency domain is performed on remaining communication resources available after the excluding of the time slots based on the SL-RSRP values in the time domain. 5. The method of claim 1, further comprising: determining an average SL-RSRP value for each sub-channel in the frequency domain in a current window, and wherein the excluding of the sub-channels further comprises: excluding sub-channels in the next window based on a comparison of the average SL-RSRP values in the frequency domain to a predefined average SL-RSRP threshold value. 5. The method of claim 1, further comprising: determining an average SL-RSRP value for each sub-channel in the frequency domain in the current window, and wherein the excluding of the sub-channels further comprises: excluding sub-channels in the next window based on a comparison of the average SL-RSRP values in the frequency domain to a predefined average SL-RSRP threshold value. 6. The method of claim 1, wherein the excluding of the sub-channels from the next window of the communication channel further comprises: excluding a first group of sub-channels in the next window based on SL-RSRP values of the first group of sub-channels in the frequency domain, and excluding a second group of sub-channels that are immediately adjacent to the first group of sub-channels in the next window. 6. The method of claim 1, wherein the excluding of the sub-channels from the next window of the communication channel further comprises: excluding a first group of sub-channels in the next window based on SL-RSRP values of the first group subset of sub-channels in the frequency domain, and excluding a second group of sub-channels that are immediately adjacent to the first group of sub-channels in the next window. 7. The method of claim 1, wherein the method further comprises: transmitting one or more 5G NR-V2X packets from one of the plurality of the UE to a receiving UE at a reserved time slot of the reserved resource and on a reserved sub-channel of the reserved resource. 7. The method of claim 1, wherein the method further comprises: transmitting one or more 5G NR-V2X packets from the user equipment to a receiving UE at a reserved time slot of the reserved resource and on a reserved sub-channel of the reserved resource. 8. An apparatus comprising: an antenna configured to measure sidelink reference received signal power (SL-RSRP) values from a frequency domain of a communication channel shared among a plurality of UE; and a processor configured to: exclude sub-channels that correspond to remaining non-excluded time slots from a next window of the communication channel, shared among a plurality of user equipment (UE), based on sidelink reference received signal power (SL-RSRP) values from the frequency domain of the communication channel; and reserve a resource that remains in the next window of the communication channel after exclusion of time slots from the next window of the communication channel and after exclusion of the sub-channels that correspond to the remaining non-excluded time slots from the next window of the communication channel. 8. An apparatus comprising: an antenna configured to measure sidelink reference received signal power (SL-RSRP) values from a frequency domain and a time domain of a current window of a communication channel shared among a plurality of UEs; and a processor configured to: exclude time slots from a next window of the communication channel based on the SL-RSRP values from the time domain; exclude sub-channels corresponding to remaining non-excluded time slots from the next window of the communication channel based on the SL-RSRP values from the frequency domain, and select and reserve a resource remaining in the next window of the communication channel after the excluding the time slots and the sub-channels. 9. The apparatus of claim 8, wherein the next window comprises: a two-dimensional array of cells in which a plurality of sub-channels are respectively assigned to a plurality of rows and a plurality of time slots are respectively assigned to a plurality of columns, and wherein the antenna is further configured to: measure the SL-RSRP values in a time domain and the frequency domain for each cell in the two-dimensional array. 9. The apparatus of claim 8, wherein the current window and the next window each comprise: a two-dimensional array of cells in which a plurality of sub-channels are respectively assigned to a plurality of rows and a plurality of time slots are respectively assigned to a plurality of columns, and wherein the antenna is further configured to: measure the SL-RSRP values in the time domain and the frequency domain for each cell in the two-dimensional array. 10. The apparatus of claim 8, wherein the processor is configured to: apply a function to each SL-RSRP value in a time domain in a same time slot of a current window to generate representative SL-RSRP values for each time slot in the current window, and wherein when the processor excludes the time slots, the processor is further configured to: exclude the time slots from the next window based on a comparison of the representative SL-RSRP values in the current window to a predefined combined SL-RSRP threshold value. 10. The apparatus of claim 8, wherein the processor is configured to: apply a function to each SL-RSRP value in the time domain in a same time slot of the current window to generate representative SL-RSRP values for each time slot in the current window, and wherein when the processor excludes the time slots, the processor is further configured to: exclude the time slots from the next window based on a comparison of the representative SL-RSRP values in the current window to a predefined combined SL-RSRP threshold value. 11. The apparatus of claim 8, wherein when the processor excludes the sub-channels, the processor is further configured to: exclude the sub-channels based on the SL-RSRP values in the frequency domain is performed based on remaining communication resources available after the exclusion of the time slots based on the SL-RSRP values in a time domain. 11. The apparatus of claim 8, wherein when the processor excludes the sub-channels, the processor is further configured to: exclude the sub-channels based on the SL-RSRP values in the frequency domain is performed based on remaining communication resources available after the excluding of the time slots based on the SL-RSRP values in the time domain. 12. The apparatus of claim 8, wherein the processor is configured to: determine an average SL-RSRP value for each sub-channel in a current window, and wherein when the processor excludes the sub-channels, the processor is further configured to: exclude sub-channels in the next window based on a comparison of the average SL-RSRP values in the frequency domain to a predefined average SL-RSRP threshold value. 12. The apparatus of claim 8, wherein the processor is configured to: determine an average SL-RSRP value for each sub-channel in the current window, and wherein when the processor excludes the sub-channels, the processor is further configured to: exclude sub-channels in the next window based on a comparison of the average SL-RSRP values in the frequency domain to a predefined average SL-RSRP threshold value. 13. The apparatus of claim 8, wherein when the processor excludes the sub-channels, the processor is further configured to: exclude a first group of sub-channels in the next window based on SL-RSRP values of the first group of sub-channels in the frequency domain; and exclude a second group of sub-channels that are immediately adjacent to the first group of sub-channels in the next window. 13. The apparatus of claim 8, wherein when the processor excludes the sub-channels, the processor is further configured to: exclude a first group of sub-channels in the next window based on SL-RSRP values of the first group of sub-channels in the frequency domain; and exclude a second group of sub-channels that are immediately adjacent to the first group of sub-channels in the next window. 14. The apparatus of claim 8, wherein the processor is further configured to: control the antenna to transmit one or more 5G NR-V2X packets from one of the plurality of UE to a receiving UE at a reserved time slot of the reserved resource and on a reserved sub-channel of the reserved resource. 14. The apparatus of claim 8, wherein the processor is further configured to: control the antenna to transmit one or more 5G NR-V2X packets from the user equipment to a receiving UE at a reserved time slot of the reserved resource and on a reserved sub-channel of the reserved resource. 15. A non-transitory computer-readable medium comprising instructions that, when executed by a processor, cause the processor to perform: excluding sub-channels corresponding to remaining non-excluded time slots from a next window of a communication channel, shared among a plurality of user equipment (UE), based on sidelink reference received signal power (SL-RSRP) values from a frequency domain of the communication channel; and reserving a resource remaining in the next window of the communication channel after excluding time slots from the next window of the communication channel and after excluding the sub-channels corresponding to the remaining non-excluded time slots from the next window of the communication channel. 15. A non-transitory computer-readable medium comprising instructions that, when executed by a processor, cause the processor to perform: measuring, via a user equipment (UE), sidelink reference received signal power (SL-RSRP) values from a frequency domain and a time domain of a current window of a communication channel shared among a plurality of UEs; excluding time slots from a next window of the communication channel based on the SL-RSRP values from the time domain; excluding sub-channels corresponding to remaining non-excluded time slots from the next window of the communication channel based on the SL-RSRP values from the frequency domain; andselecting and reserving a resource remaining in the next window of the communication channel after the excluding the time slots and the sub-channels. 16. The non-transitory computer-readable medium of claim 15, the next window comprises: a two-dimensional array of cells in which a plurality of sub-channels are respectively assigned to a plurality of rows and a plurality of time slots are respectively assigned to a plurality of columns, and wherein measuring of the SL-RSRP values comprises: measuring the SL-RSRP values in a time domain and the frequency domain for each cell in the two-dimensional array. 16. The non-transitory computer-readable medium of claim 15, wherein the current window and the next window each comprise: a two-dimensional array of cells in which a plurality of sub-channels are respectively assigned to a plurality of rows and a plurality of time slots are respectively assigned to a plurality of columns, and wherein the measuring of the SL-RSRP values further comprises: measuring the SL-RSRP values in the time domain and the frequency domain for each cell in the two-dimensional array. 17. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the processor to perform: applying a function to each SL-RSRP value in a time domain in a same time slot of a current window to generate representative SL-RSRP values for each time slot in the current window, and wherein the excluding of the time slots further comprises: excluding the time slots from the next window based on a comparison of the representative SL-RSRP values in the current window to a predefined combined SL-RSRP threshold value. 17. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the processor to perform: applying a function to each SL-RSRP value in the time domain in a same time slot of the current window to generate representative SL-RSRP values for each time slot in the current window, and wherein the excluding of the time slots further comprises: excluding the time slots from the next window based on a comparison of the representative SL-RSRP values in the current window to a predefined combined SL-RSRP threshold value. 18. The non-transitory computer-readable medium of claim 15, wherein the excluding of the sub-channels based on the SL-RSRP values in the frequency domain is performed on remaining communication resources available after the excluding of the time slots based on the SL-RSRP values in a time domain. 18. The non-transitory computer-readable medium of claim 15, wherein the excluding of the sub-channels based on the SL-RSRP values in the frequency domain is performed on remaining communication resources available after the excluding of the time slots based on the SL-RSRP values in the time domain. 19. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the processor to perform: determining an average SL-RSRP value for each sub-channel in the frequency domain in a current window, and wherein the excluding of the sub-channels further comprises: excluding sub-channels in the next window based on a comparison of the average SL-RSRP values in the frequency domain to a predefined average SL-RSRP threshold value. 19. The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the processor to perform: determining an average SL-RSRP value for each sub-channel in the frequency domain in the current window, and wherein the excluding of the sub-channels further comprises: excluding sub-channels in the next window based on a comparison of the average SL-RSRP values in the frequency domain to a predefined average SL-RSRP threshold value. 20. The non-transitory computer-readable medium of claim 15, wherein the excluding of the sub-channels from the next window of the communication channel further comprises: excluding a first group of sub-channels in the next window based on SL-RSRP values of the first group of sub-channels in the frequency domain, and excluding a second group of sub-channels that are immediately adjacent to the first group of sub-channels in the next window. 20. The non-transitory computer-readable medium of claim 15, wherein the excluding of the sub-channels from the next window of the communication channel further comprises: excluding a first group of sub-channels in the next window based on SL-RSRP values of the first group of sub-channels in the frequency domain, and excluding a second group of sub-channels that are immediately adjacent to the first group of sub-channels in the next window. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Su et al (WO 2022077467 A1); Medina (WO 2020173536 A1); Ji (US 20230171796 A1); Yang (US 20220225280 A1); Yang (US 20220110060 A1); Farag (US 20220095280 A1); Gulati (US 20210266951 A1); Lee (US 20200112400 A1); Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEAN TOKUTA whose telephone number is (571)272-5145. The examiner can normally be reached M-TH 630-430. 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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. SHEAN TOKUTA Primary Examiner Art Unit 2446 /SHEAN TOKUTA/Primary Examiner, Art Unit 2419