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 .
This application has been examined.
Claims 1-20 are pending.
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.
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Claims 1, 4-8, and 11-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 7, 10, and 12-15 of U.S. Patent No. 12,193,103. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to a similar inventive concept related to coordination of sidelink and downlink discontinuous reception.
Regarding claim 1 12,193,103 discloses a method comprising: receiving, by a first wireless device, one or more first messages indicating downlink (DL) discontinuous reception (DRX) parameters indicating a DL DRX on-duration start offset (claim 1); determining a starting time of an active time of a sidelink DRX (SL DRX) based on: the DL DRX on-duration start offset (claim 1); and a simultaneous reception capability (claim 1); and receiving, from a second wireless device, one or more sidelink transport blocks during the active time (claim 1).
Regarding claim 4 12,193,103 discloses the method of claim 1, further comprising starting a SL DRX on-duration timer based on the starting time (claim 3).
Regarding claim 5 12,193,103 discloses the method of claim 4, further comprising monitoring one or more sidelink control channels while the SL DRX on-duration timer is running (claim 4).
Regarding claim 6 12,193,103 discloses the method of claim 1, further comprising transmitting, to the second wireless device, one or more second messages indicating the starting time of the active time (claim 5).
Regarding claim 7 12,193,103 discloses the method of claim 1, wherein the determining further comprises determining an offset of the active time is the same as the DRX on-duration start offset based on an uplink-and-downlink-configuration, of a cell configured with sidelink, indicating a time division duplex (claim 7).
Regarding claim 8 12,193,103 discloses a first wireless device comprising: one or more processors (claim 10); and memory storing instructions that, when executed by the one or more processors (claim 10), cause the first wireless device to: receive one or more first messages indicating downlink (DL) discontinuous reception (DRX) parameters indicating a DL DRX on-duration start offset (claim 10); determine a starting time of an active time of a sidelink DRX (SL DRX) based on: the DL DRX on-duration start offset (claim 10); and a simultaneous reception capability (claim 10); and receive, from a second wireless device, one or more sidelink transport blocks during the active time (claim 10).
Regarding claim 11 12,193,103 discloses the first wireless device of claim 8, wherein the instructions further cause the first wireless device to start a SL DRX on-duration timer based on the starting time (claim 12).
Regarding claim 12 12,193,103 discloses the first wireless device of claim 11, wherein the instructions further cause the first wireless device to monitor one or more sidelink control channels while the SL DRX on-duration timer is running (claim 13).
Regarding claim 13 12,193,103 discloses the first wireless device of claim 8, wherein the instructions further cause the first wireless device to transmit, to the second wireless device, one or more second messages indicating the starting time of the active time (claim 14).
Regarding claim 14 12,193,103 discloses the first wireless device of claim 8, wherein determining the starting time further comprises determining an offset of the active time is the same as the DRX on-duration start offset based on an uplink-and-downlink-configuration, of a cell configured with sidelink, indicating a time division duplex (claim 15).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-9, 11-13, 15-16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jeong et al. (US Patent Application Publication 2021/0400762; hereinafter Jeong).
Regarding claim 1 Jeong discloses a method comprising:
receiving, by a first wireless device, one or more first messages indicating downlink (DL) discontinuous reception (DRX) parameters indicating a DL DRX on-duration start offset (fig. 9, paragraphs 0109-0111; sidelink UE3 receives a message from a base station that includes DL DRX configuration parameters including a start offset);
determining a starting time of an active time of a sidelink DRX (SL DRX) based on: the DL DRX on-duration start offset (paragraphs 0109-0111, 0133-0134; wherein sidelink DRX parameters are determined in accordance or based on DL DRX parameters); and a simultaneous reception capability (paragraph 0087; the UE is involved in SL communication also, the UE may have two DRXs (i.e., one for DL and one for SL)); and
receiving, from a second wireless device, one or more sidelink transport blocks during the active time (paragraphs 0102, 0108; wherein the control/data are communicated during active times).
Regarding claim 2 Jeong discloses the method of claim 1, wherein the starting time is the same as a second starting time of a second active time of the DL DRX based on the first wireless device supporting the simultaneous reception capability (paragraph 0091; functions of SL DRX on-duration timer, SL DRX inactivity timer, SL DRX HARQ retransmission timer, SL DRX HARQ RTT timer, SL DRX cycle length, and SL DRX start offset are quite similar to on-duration timer, inactivity timer, HARQ retransmission timer, HARQ RTT timer, DRX cycle length and DRX start offset that are specified for DL DRX).
Regarding claim 4 Jeong discloses the method of claim 1, further comprising starting a SL DRX on-duration timer based on the starting time (paragraphs 0109-0111, 0133-0134; wherein sidelink DRX parameters are determined in accordance or based on DL DRX parameters).
Regarding claim 5 Jeong discloses the method of claim 4, further comprising monitoring one or more sidelink control channels while the SL DRX on-duration timer is running (paragraphs 0091, 0093, 0104; monitoring control/data channels PSCCH/PSSCH).
Regarding claim 6 Jeong discloses the method of claim 1, further comprising transmitting, to the second wireless device, one or more second messages indicating the starting time of the active time (fig. 9, wherein the DRX configurations are transmitted/shared between UEs 1-3).
Regarding claim 8 Jeong discloses a first wireless device comprising:
one or more processors (fig. 3, processor 340); and
memory storing instructions (fig. 3, memory 360) that, when executed by the one or more processors, cause the first wireless device to:
receive one or more first messages indicating downlink (DL) discontinuous reception (DRX) parameters indicating a DL DRX on-duration start offset (fig. 9, paragraphs 0109-0111; sidelink UE3 receives a message from a base station that includes DL DRX configuration parameters including a start offset);
determine a starting time of an active time of a sidelink DRX (SL DRX) based on: the DL DRX on-duration start offset (paragraphs 0109-0111, 0133-0134; wherein sidelink DRX parameters are determined in accordance or based on DL DRX parameters); and a simultaneous reception capability (paragraph 0087; the UE is involved in SL communication also, the UE may have two DRXs (i.e., one for DL and one for SL)); and
receive, from a second wireless device, one or more sidelink transport blocks during the active time (paragraphs 0102, 0108; wherein the control/data are communicated during active times).
Regarding claim 9 Jeong discloses the first wireless device of claim 8, wherein the starting time is the same as a second starting time of a second active time of the DL DRX based on the first wireless device supporting the simultaneous reception capability (paragraph 0091; functions of SL DRX on-duration timer, SL DRX inactivity timer, SL DRX HARQ retransmission timer, SL DRX HARQ RTT timer, SL DRX cycle length, and SL DRX start offset are quite similar to on-duration timer, inactivity timer, HARQ retransmission timer, HARQ RTT timer, DRX cycle length and DRX start offset that are specified for DL DRX).
Regarding claim 11 Jeong discloses the first wireless device of claim 8, wherein the instructions further cause the first wireless device to start a SL DRX on-duration timer based on the starting time (paragraphs 0109-0111, 0133-0134; wherein sidelink DRX parameters are determined in accordance or based on DL DRX parameters).
Regarding claim 12 Jeong discloses the first wireless device of claim 11, wherein the instructions further cause the first wireless device to monitor one or more sidelink control channels while the SL DRX on-duration timer is running (paragraphs 0091, 0093, 0104; monitoring control/data channels PSCCH/PSSCH).
Regarding claim 13 Jeong discloses the first wireless device of claim 8, wherein the instructions further cause the first wireless device to transmit, to the second wireless device, one or more second messages indicating the starting time of the active time (fig. 9, wherein the DRX configurations are transmitted/shared between UEs 1-3).
Regarding claim 15 Jeong discloses a non-transitory computer-readable medium (paragraph 0010) comprising instructions that, when executed by one or more processors of a wireless device, cause the wireless device to:
receive one or more first messages indicating downlink (DL) discontinuous reception (DRX) parameters indicating a DL DRX on-duration start offset (fig. 9, paragraphs 0109-0111; sidelink UE3 receives a message from a base station that includes DL DRX configuration parameters including a start offset);
determine a starting time of an active time of a sidelink DRX (SL DRX) based on: the DL DRX on-duration start offset (paragraphs 0109-0111, 0133-0134; wherein sidelink DRX parameters are determined in accordance or based on DL DRX parameters); and a simultaneous reception capability (paragraph 0087; the UE is involved in SL communication also, the UE may have two DRXs (i.e., one for DL and one for SL)); and
receive, from a second wireless device, one or more sidelink transport blocks during the active time (paragraphs 0102, 0108; wherein the control/data are communicated during active times).
Regarding claim 16 Jeong discloses the non-transitory computer-readable medium of claim 15, wherein the starting time is the same as a second starting time of a second active time of the DL DRX based on the wireless device supporting the simultaneous reception capability (paragraph 0091; functions of SL DRX on-duration timer, SL DRX inactivity timer, SL DRX HARQ retransmission timer, SL DRX HARQ RTT timer, SL DRX cycle length, and SL DRX start offset are quite similar to on-duration timer, inactivity timer, HARQ retransmission timer, HARQ RTT timer, DRX cycle length and DRX start offset that are specified for DL DRX).
Regarding claim 18 Jeong discloses the non-transitory computer-readable medium of claim 15, wherein the instructions further cause the wireless device to start a SL DRX on-duration timer based on the starting time (paragraphs 0109-0111, 0133-0134; wherein sidelink DRX parameters are determined in accordance or based on DL DRX parameters).
Regarding claim 19 Jeong discloses the non-transitory computer-readable medium of claim 18, wherein the instructions further cause the wireless device to monitor one or more sidelink control channels while the SL DRX on-duration timer is running (paragraphs 0091, 0093, 0104; monitoring control/data channels PSCCH/PSSCH).
Regarding claim 20 Jeong discloses the non-transitory computer-readable medium of claim 15, wherein the instructions further cause the wireless device to transmit, to the second wireless device, one or more second messages indicating the starting time of the active time (fig. 9, wherein the DRX configurations are transmitted/shared between UEs 1-3).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3, 7, 10, 14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong in view of Balasubramanian et al. (US Patent Application Publication 2021/0227619; hereinafter Balasubramanian).
Regarding claim 3 Jeong discloses the method of claim 1. Jeong fails to explicitly disclose but Balasubramanian, in the same field of endeavor related to DRX, discloses wherein the starting time is not the same as a second starting time of a second active time of the DL DRX based on the first wireless device not supporting the simultaneous reception capability (paragraphs 0097-0099; wherein DRX cycles for sidelink (or V2X) and DL (or communication with a base station) may be chosen not to be aligned, and the devices in the embodiments support TDD communications which are not simultaneous, paragraphs 0039, 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jeong with the teachings of Balasubramanian in order to decrease collisions between DRX (Jeong: paragraph 0087).
Regarding claim 7 Jeong discloses the method of claim 1. Jeong fails to explicitly disclose but Balasubramanian, in the same field of endeavor related to DRX, discloses wherein the determining further comprises determining an offset of the active time is the same as the DRX on-duration start offset based on an uplink-and-downlink-configuration, of a cell configured with sidelink, indicating a time division duplex (paragraphs 0096-0102; wherein DRX cycles for sidelink (or V2X) and DL (or communication with a base station) may be aligned, and the devices in the embodiments support TDD communications which are not simultaneous, paragraphs 0039, 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jeong with the teachings of Balasubramanian in order to decrease collisions between DRX (Jeong: paragraph 0087).
Regarding claim 10 Jeong discloses the first wireless device of claim 8. Jeong fails to explicitly disclose but Balasubramanian, in the same field of endeavor related to DRX, discloses wherein the starting time is not the same as a second starting time of a second active time of the DL DRX based on the first wireless device not supporting the simultaneous reception capability (paragraphs 0097-0099; wherein DRX cycles for sidelink (or V2X) and DL (or communication with a base station) may be chosen not to be aligned, and the devices in the embodiments support TDD communications which are not simultaneous, paragraphs 0039, 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jeong with the teachings of Balasubramanian in order to decrease collisions between DRX (Jeong: paragraph 0087).
Regarding claim 14 Jeong discloses the first wireless device of claim 8. Jeong fails to explicitly disclose but Balasubramanian, in the same field of endeavor related to DRX, discloses wherein determining the starting time further comprises determining an offset of the active time is the same as the DRX on-duration start offset based on an uplink-and-downlink-configuration, of a cell configured with sidelink, indicating a time division duplex (paragraphs 0096-0102; wherein DRX cycles for sidelink (or V2X) and DL (or communication with a base station) may be aligned, and the devices in the embodiments support TDD communications which are not simultaneous, paragraphs 0039, 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jeong with the teachings of Balasubramanian in order to decrease collisions between DRX (Jeong: paragraph 0087).
Regarding claim 17 Jeong discloses the non-transitory computer-readable medium of claim 15. Jeong fails to explicitly disclose but Balasubramanian, in the same field of endeavor related to DRX, discloses wherein the starting time is not the same as a second starting time of a second active time of the DL DRX based on the wireless device not supporting the simultaneous reception capability (paragraphs 0097-0099; wherein DRX cycles for sidelink (or V2X) and DL (or communication with a base station) may be chosen not to be aligned, and the devices in the embodiments support TDD communications which are not simultaneous, paragraphs 0039, 0041). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jeong with the teachings of Balasubramanian in order to decrease collisions between DRX (Jeong: paragraph 0087).
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication 2017/0273135 to Siomina et al. – that discloses a method of operation of a first node for a cellular communications network comprises obtaining a configuration for non-full duplex operation in a multi-tier DRX mode of operation with long inactivity periods. The configuration comprises at least one long inactivity configuration parameter being greater than a threshold. The method further comprises applying the configuration. In this manner, the first node is enabled to operate under non-FDX configuration with long inactivity periods while ensuring a required performance level and/or well-defined and consistent behavior.
Conclusion
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/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
Prosecution Insights