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 .
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.
1. Claims 1, 6, 8, 9, 13-15, 61, 63 and 65-75 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Guo et al (WO 2024/073868 A1).
Regarding claims 1, 61 and 63, Guo discloses a method for resource reselection, terminal device and chip (Claim 1: a first UE comprising a memory and one or more processors configured to:.)comprising:
determining a first cyclic prefix extension (CPE) based on received sidelink control information (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Paragraph 0075: figure 5 is a diagram of selecting sidelink resources.); and
reselecting a target resource based on the first CPE (Paragraph 0113: the indication of inconsistent CPEs may indicate a CPE adjustment offset 1104 on top of the current CPE associated with the reserve resource of the UE. The offset may add or subtract from the current CPE to move the starting point earlier or later. The after receiving the indication, the offset will be adjust the CPE to be different.).
Regarding claims 6, 65 and 71, Guo discloses wherein determining the first CPE based on a first indication field in the received sidelink control information, wherein the first indication field at least indicates the first CPE (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Figure 3 shows the SCI in the sidelink channel.).
Regarding claims 8, 66 and 72, Guo discloses wherein reselecting the target resource based on the first CPE comprises: reselecting the target resource in a case where the target resource satisfies a first condition; wherein the first condition comprises at least one of: a resource determined based on received first sidelink control information being overlapped with a resource corresponding to the target resource; a reference signal received power (RSRP) of a physical sidelink control channel (PSCCH) or physical sidelink shared channel (PSSCH) corresponding to received first sidelink control information being greater than or equal to a threshold; or a length of the first CPE being greater than a length of a CPE of the terminal device (Claims 2 and 5: the first reserved resource and the second reserved resource at least partially overlapping in time.).
Regarding claims 9, 67 and 73, Guo discloses wherein the resource determined based on the received first sidelink control information being overlapped with the resource corresponding to the target resource means that the resource determined based on the received first sidelink control information is overlapped with the resource corresponding to the target resource in a time domain in a same resource block set (Claims 2 and 5: the first reserved resource and the second reserved resource at least partially overlapping in time.).
Regarding claims 13, 68 and 74, Guo discloses wherein the target resource comprises a resource that has been selected by the terminal device and/or a resource that has been indicated by the terminal device (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Paragraph 0113: the indication of inconsistent CPEs may indicate a CPE adjustment offset 1104 on top of the current CPE associated with the reserve resource of the UE. The offset may add or subtract from the current CPE to move the starting point earlier or later. Then after receiving the indication, the offset will be adjust the CPE to be different.).
Regarding claims 14, 69 and 75, Guo discloses wherein at least one target resource is configured (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Paragraph 0113: the indication of inconsistent CPEs may indicate a CPE adjustment offset 1104 on top of the current CPE associated with the reserve resource of the UE. The offset may add or subtract from the current CPE to move the starting point earlier or later. Then after receiving the indication, the offset will be adjust the CPE to be different.).
Regarding claims 15 and 70, Guo discloses wherein the sidelink control information is first sidelink control information or second sidelink control information scheduled by the first sidelink control information (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. This is a first sidelink control information.).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
2. Claim 1 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 19/151,027 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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.
3. Claims 6, 8, 9, 13-1561, 63 and 65-75 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19/151,027 in view of Guo et al (WO 2024/073868 A1).
Regarding claim 6, the reference discloses the method stated above. The method does not recite wherein determining the first CPE based on a first indication field in the received sidelink control information, wherein the first indication field at least indicates the first CPE.
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Guo discloses wherein determining the first CPE based on a first indication field in the received sidelink control information, wherein the first indication field at least indicates the first CPE (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Figure 3 shows the SCI in the sidelink channel. Paragraphs 0075-0076: figure 5 is a diagram of selecting sidelink resources.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claim 8, the reference discloses the method stated above. The reference does not disclose wherein reselecting the target resource based on the first CPE comprises: reselecting the target resource in a case where the target resource satisfies a first condition; wherein the first condition comprises at least one of: a resource determined based on received first sidelink control information being overlapped with a resource corresponding to the target resource; a reference signal received power (RSRP) of a physical sidelink control channel (PSCCH) or physical sidelink shared channel (PSSCH) corresponding to received first sidelink control information being greater than or equal to a threshold; or a length of the first CPE being greater than a length of a CPE of the terminal device.
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Guo discloses wherein reselecting the target resource based on the first CPE comprises: reselecting the target resource in a case where the target resource satisfies a first condition; wherein the first condition comprises at least one of: a resource determined based on received first sidelink control information being overlapped with a resource corresponding to the target resource; a reference signal received power (RSRP) of a physical sidelink control channel (PSCCH) or physical sidelink shared channel (PSSCH) corresponding to received first sidelink control information being greater than or equal to a threshold; or a length of the first CPE being greater than a length of a CPE of the terminal device (Claims 2 and 5: the first reserved resource and the second reserved resource at least partially overlapping in time.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claim 9, the reference discloses the method stated above. The reference does not disclose wherein the resource determined based on the received first sidelink control information being overlapped with the resource corresponding to the target resource means that the resource determined based on the received first sidelink control information is overlapped with the resource corresponding to the target resource in a time domain in a same resource block set.
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Guo discloses wherein the resource determined based on the received first sidelink control information being overlapped with the resource corresponding to the target resource means that the resource determined based on the received first sidelink control information is overlapped with the resource corresponding to the target resource in a time domain in a same resource block set (Claims 2 and 5: the first reserved resource and the second reserved resource at least partially overlapping in time.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claim 13, the reference discloses the method stated above. The reference does not disclose wherein the target resource comprises a resource that has been selected by the terminal device and/or a resource that has been indicated by the terminal device.
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Guo discloses wherein the target resource comprises a resource that has been selected by the terminal device and/or a resource that has been indicated by the terminal device (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Paragraph 0113: the indication of inconsistent CPEs may indicate a CPE adjustment offset 1104 on top of the current CPE associated with the reserve resource of the UE. The offset may add or subtract from the current CPE to move the starting point earlier or later. Then after receiving the indication, the offset will be adjust the CPE to be different.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claim 14, the reference discloses the method stated above. The reference does not disclose wherein at least one target resource is configured.
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Guo discloses wherein at least one target resource is configured (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Paragraph 0113: the indication of inconsistent CPEs may indicate a CPE adjustment offset 1104 on top of the current CPE associated with the reserve resource of the UE. The offset may add or subtract from the current CPE to move the starting point earlier or later. Then after receiving the indication, the offset will be adjust the CPE to be different.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claim 15, the reference discloses the method stated above. The reference does not disclose wherein the sidelink control information is first sidelink control information or second sidelink control information scheduled by the first sidelink control information.
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Guo discloses wherein the sidelink control information is first sidelink control information or second sidelink control information scheduled by the first sidelink control information (Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. This is a first sidelink control information.).
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claim 61 and 63, the reference disclose the method of claim 1 comprising the steps recited in instant claim 1. The reference does not disclose a terminal device comprising a memory and a processor for executing those recited steps.
Guo discloses a method and terminal device for generating an indication for cyclic prefix extension as stated in the abstract and shown in figure 9. Claim 1 of Gup discloses a first UE comprising a memory and one or more processors configured to: receive first sidelink control information (SCI) indicating a reserved resource and generating an indication of inconsistent CPEs based at least in part on a first CPE of the first reserved resource.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference. By using a memory and a processor for executing a process, the size and power consumption of mobile devices can be reduced.
Regarding claims 65 and 71, the combination discloses wherein determining the first CPE based on a first indication field in the received sidelink control information, wherein the first indication field at least indicates the first CPE (Guo: Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Figure 3 shows the SCI in the sidelink channel.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claims 66 and 72, the combination discloses wherein reselecting the target resource based on the first CPE comprises: reselecting the target resource in a case where the target resource satisfies a first condition; wherein the first condition comprises at least one of: a resource determined based on received first sidelink control information being overlapped with a resource corresponding to the target resource; a reference signal received power (RSRP) of a physical sidelink control channel (PSCCH) or physical sidelink shared channel (PSSCH) corresponding to received first sidelink control information being greater than or equal to a threshold; or a length of the first CPE being greater than a length of a CPE of the terminal device (Guo: Claims 2 and 5: the first reserved resource and the second reserved resource at least partially overlapping in time.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claims 67 and 73, the combination discloses wherein the resource determined based on the received first sidelink control information being overlapped with the resource corresponding to the target resource means that the resource determined based on the received first sidelink control information is overlapped with the resource corresponding to the target resource in a time domain in a same resource block set (Guo: Claims 2 and 5: the first reserved resource and the second reserved resource at least partially overlapping in time.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claims 68 and 74, the combination discloses wherein the target resource comprises a resource that has been selected by the terminal device and/or a resource that has been indicated by the terminal device (Guo: Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Paragraph 0113: the indication of inconsistent CPEs may indicate a CPE adjustment offset 1104 on top of the current CPE associated with the reserve resource of the UE. The offset may add or subtract from the current CPE to move the starting point earlier or later. Then after receiving the indication, the offset will be adjust the CPE to be different.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claims 69 and 75, the combination discloses wherein at least one target resource is configured (Guo: Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. Generate an indication of inconsistent CPE based at least in part on a first CPE of the first reserved resource. Paragraph 0113: the indication of inconsistent CPEs may indicate a CPE adjustment offset 1104 on top of the current CPE associated with the reserve resource of the UE. The offset may add or subtract from the current CPE to move the starting point earlier or later. Then after receiving the indication, the offset will be adjust the CPE to be different.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
Regarding claim 70, the combination discloses wherein the sidelink control information is first sidelink control information or second sidelink control information scheduled by the first sidelink control information (Guo: Claim 1: Receive sidelink control information (SCI) indicating a first reserved resource. This is a first sidelink control information.).
Guo discloses a method of determining a CPE and reselecting a target resource. Paragraph 0076 shows an availability of sidelink resources being provided at the UE. The proper sidelink resource will then be selected according to the conditions stated in paragraph 0078. By selecting the appropriate resource, communication in the system can be improved, increasing the efficiency and effectiveness of the communication system. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gup into the method of the reference.
This is a provisional nonstatutory double patenting rejection.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hoang et al (US 2025/0287402) discloses a WTRU may determine a CPE to use based on a function of priority of the WTRU's data and may use the CPE associated with the highest priority as stated in paragraph 0257. Paragraph 0258 discloses the WTRU may determine the potential CPE used to access the channel based on QoS of its data. Paragraph 0082 discloses a WTRU may determine the cyclic prefix extension (CPE) of a transmission based on reserved information in a reserved resource. A WTRU may reselect frequency resources for a PSCCH/PSSCH transmission.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M. BURD whose telephone number is (571)272-3008. The examiner can normally be reached 9:30 - 5:00.
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/KEVIN M BURD/Primary Examiner, Art Unit 2632 10/5/2026
