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 .
DETAILED ACTION
Claim 1 is currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/06/2025 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 rejected on the grounds of nonstatutory double patenting as being unpatentable over respective claims 1, 13, 19 and 24 of U.S. Patent No. 12,207,247 B2, to Hosseini et al. Although the claims at issue are not identical, they are not patentably distinct from each other. It has been held that the omission of an element and its function is obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA), also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969); the omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Instant application 18/976,248
U.S. Patent No. 12,207,247 B2
1). An apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory, the memory storing instructions executable by the at least one processor to cause the UE to: compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal; and compare a priority of the first signal from the first group of transmission signals against a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal.
1). 1. An apparatus for wireless communication at a user equipment (UE), comprising: memory; and at least one processor coupled to the memory, and based at least in part on information stored in the memory, the at least one processor, individually or in any combination, is configured to: compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal associated with at least one uplink priority value and at least one sidelink transmission signal associated with at least one sidelink priority value; compare an uplink priority value of the first signal from the first group of transmission signals against a sidelink priority value of a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal; and transmit the at least one uplink signal and the at least one sidelink transmission signal if the uplink priority value of the first signal from the first group of transmission signals is equal to the sidelink priority value of the reception signal having the highest priority of the second group of reception signals; receive the at least one sidelink reception signal if the uplink priority value of the first signal from the first group of transmission signals is equal to the sidelink priority value of the reception signal having the highest priority of the second group of reception signals; or wherein a tie of priorities occurs if the uplink priority value of the first signal from the first group of transmission signals is equal to the sidelink priority value of the reception signal having the highest priority of the second group of reception signals, such that a tie breaker is based on at least one of a type of sidelink signal for transmission or reception, a type of uplink signal, a resource allocation mode for sidelink signals, whether a sidelink feedback channel is enabled, a channel busy ratio (CBR) level associated with resource pools in which transmission and reception occur, a zone identifier (ID), a cast type associated with transmission or reception, or a combination thereof.
An apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory, the memory storing instructions executable by the at least one processor to cause the UE to: compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal; and compare a priority of the first signal from the first group of transmission signals against a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal.
13. A method of wireless communication at a user equipment (UE), comprising: comparing priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal associated with at least one uplink priority value and at least one sidelink transmission signal associated with at least one sidelink priority value; comparing an uplink priority value of the first signal from the first group of transmission signals against a sidelink priority value of a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal; and transmitting the at least one uplink signal and the at least one sidelink transmission signal if the priority of the first signal from the first group of transmission signals is equal to the priority of the reception signal having the highest priority of the second group of reception signals; receiving the at least one sidelink reception signal if the priority of the first signal from the first group of transmission signals is equal to the priority of the reception signal having the highest priority of the second group of reception signals; or wherein a tie of priorities occurs if the uplink priority value of the first signal from the first group of transmission signals is equal to the sidelink priority value of the reception signal having the highest priority of the second group of reception signals, such that a tie breaker is based on at least one of a type of sidelink signal for transmission or reception, a type of uplink signal, a resource allocation mode for sidelink signals, whether a sidelink feedback channel is enabled, a channel busy ratio (CBR) level associated with resource pools in which transmission and reception occur, a zone identifier (ID), a cast type associated with transmission or reception, or a combination thereof.
An apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory, the memory storing instructions executable by the at least one processor to cause the UE to: compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal; and compare a priority of the first signal from the first group of transmission signals against a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal.
19. An apparatus for wireless communication at a base station, comprising: a memory; and at least one processor coupled to the memory, the memory storing instructions executable by the at least one processor to cause the base station to: transmit, to a user equipment (UE), a schedule for the UE to transmit or receive a first group of transmission signals or a second group of reception signals, wherein the schedule comprises uplink priority values for each of the first group of transmission signals and sidelink priority values for the second group of reception signals; and receive, from the UE, an indication indicating transmission of a first signal from the first group of transmission signals based on a prioritization procedure performed at the UE, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal, wherein the indication further indicates mapping the sidelink priority values for the at least one sidelink transmission signal and the at least one sidelink reception signal to a set of values that is compatible with the uplink priority values for the at least one uplink signal.
An apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory, the memory storing instructions executable by the at least one processor to cause the UE to: compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal; and compare a priority of the first signal from the first group of transmission signals against a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal.
24. A method of wireless communication at a base station, comprising: transmitting, to a user equipment (UE), a schedule for the UE to transmit or receive a first group of transmission signals or a second group of reception signals, wherein the schedule comprises uplink priority values for each of the first group of transmission signals and sidelink priority values for the second group of reception signals; and receiving, from the UE, an indication indicating transmission of a first signal from the first group of transmission signals based on a prioritization procedure performed at the UE, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal, wherein the indication further indicates mapping the sidelink priority values for the at least one sidelink transmission signal and the at least one sidelink reception signal to a set of values that is compatible with the uplink priority values for the at least one uplink signal.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 1, claim 1, recites “compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal” is considered indefinite. As comparing priorities mechanism is not in claim 1. For example, comparing priority should be based on a certain technique such as threshold or QoS or a value. Further results of comparison are not in claim 1. Examiner also noted that how does comparing priorities associate with determining a first signal and what is first signal comprises. Claim further recites “compare a priority of the first signal from the first group of transmission signals against a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal” is also not clear. Examiner recommend to disclose the mechanism of comparison, results of comparison and basis of determining priorities. Similar rejection reasonings are applied to claim 1.
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 of this title, 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2022/0264590 A1) in view of Park et al. (US 2023/0164768 A1).
Regarding claim 1, Han discloses an apparatus for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory, the memory storing instructions executable by the at least one processor to cause the UE to (Fig. 7, discloses entity UE comprising transmitting and receiving circuitry further comprising processor, memory to perform the necessary claim function):
compare a priority of the first signal from the first group of transmission signals against a reception signal having a highest priority of a second group of reception signals to determine to transmit at least the first signal from the first group of transmission signals or to receive at least one reception signal from the second group of reception signals, wherein the second group of reception signals comprises at least one sidelink reception signal (Figs. 3 (all figs.) and Fig. 4 disclose UE may compare a value of the highest priority level of the SL logical channel(s) in a Media Access Control (MAC) Protocol Data Unit (PDU) to a value of the highest priority level of the UL logical channel(s) in the MAC PDU. If a less value of a priority level means a higher priority level, in response to a value of the highest priority level of the SL logical channel(s) in a MAC PDU being less than a value of the highest priority level of the UL logical channel(s) in the MAC PDU, a SL transmission is prioritized over a UL transmission. Alternatively, if a greater value of a priority level means a higher priority, in response to a value of the highest priority of the SL logical channel(s) in a MAC PDU being greater than a value of the highest priority of the uplink logical channel(s) in the MAC PDU, a SL transmission is prioritized over a UL transmission. Otherwise, in response to the value of the highest priority of the SL logical channel(s) in the MAC PDU being less than the value of the highest priority of the uplink logical channel(s) in the MAC PDU, the UL transmission is prioritized over the SL transmission)
Han discloses the mechanism of comparing priorities, however Han does not disclose compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal.
In an analogous art, Park discloses compare priorities of a first group of transmission signals to determine a first signal from the first group of transmission signals having a highest priority, wherein the first group of transmission signals comprise at least one uplink signal and at least one sidelink transmission signal (Paragraph 0151,0177-0178 disclose by comparing the priority value of the UL data with the UL threshold, if the priority value of the UL data is greater than the UL threshold, the first device may compare the priority of the SL data and the SL threshold for prioritization, By comparing the priority of the SL data regarding the transmission of the sidelink HARQ feedback information and the SL threshold, if the priority value of the SL data is less than the SL threshold, the first device may give priority to SL. In other words, it may be determined that the first priority is higher than the second priority. In this case, the UL transmission may be dropped and SL transmission may be performed. Conversely, if the priority value of the SL data is greater than the SL threshold, priority may be given to the UL).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Park to the system of Han to provide a UE can efficiently perform SL/UL communication and it is possible to efficiently save power for sidelink communication in NR V2X (Abstract, Park).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Freda et al. (US 2022/0279537 A1) discloses An apparatus may be configured to determine whether to prioritize a sidelink (SL) logical channel group (LCG) based on an SL prioritization threshold and a UL prioritization threshold, on a condition that a UL prioritization threshold is configured. The apparatus may be configured to determine whether a prioritization value associated with the SL LCG is lower than the SL prioritization threshold
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/ROMANI OHRI/Primary Examiner, Art Unit 2413
