DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over Patent’292 in view of Zhang (US 2022/0053515 A1).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because claims of the instant application are the same scope of the claims of Patent’292 by adding the well-known elements and functions as set forth below.
Regarding claims 1 and 9, Patent’292 discloses a first node for wireless communications, comprising:
a receiver for receiving a first signaling [see claims 1, 6, 8; a first receiver, receiving M first-type signalings, M being a positive integer greater than 1, and respectively measuring M reference resource sets in a first resource pool]; and
a transmitter for transmitting a first signal on a target time-frequency resource block [see claims 1, 6, 8; a first transmitter determining a target time-frequency resource block from a target resource pool and transmitting a first signal on the target time-frequency resource block, wherein the target time-frequency resource block is indicated, or the target time-frequency resource block is randomly selected from the target resource pool];
wherein, the first signaling carries a first source ID, and the first source ID is used to identify the second node [see claims 1, 6, 8; wherein: the M first-type signalings respectively carry M source identities (IDs), the M source IDs are respectively used to identify M nodes, and any two of the M source IDs are different]; the target time-frequency resource block is a time-frequency resource block in a target resource pool [see claims 1, 6, 8; the M first-type signalings respectively indicate M candidate resource sets, the M candidate resource sets being respectively associated with the M reference resource sets within the first resource pool, and any of the M candidate resource sets comprises at least one time-frequency resource block; one of the M candidate resource sets is within the target resource pool], and the target resource pool comprises a plurality of time-frequency resource blocks [see claims 1, 6, 8; the target resource pool comprises a plurality of time-frequency resource blocks, and the target time-frequency resource block is a time-frequency resource block in the target resource pool]; the first signaling indicates at least a latter of a first zone ID and a first candidate resource set [see claims 1, 6, 8; a first signaling is one of the M first-type signalings, the first signaling indicates at least a latter of a first zone ID and a first candidate resource set], and the first candidate resource set comprises at least one time-frequency resource block [see claims 1, 6, 8; the first candidate resource set being associated with a first reference resource set that is one of the M reference resource sets, and the first candidate resource set is one of the M candidate resource sets]; at least one of the first zone ID or a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool [see claims 1, 6, 8; a magnitude order of a measurement performed on the first reference resource set among M measurements performed on the M reference resource sets is used to determine whether the first candidate resource set is within the target resource pool].
Although Patent’292 discloses a first node for wireless communications, comprising: a receiver for receiving a first signaling; and a transmitter for transmitting a first signal on a target time-frequency resource block,
Patent’292 does not explicitly disclose a second node for wireless communications, comprising: a transmitter for transmitting a first signaling; and a receiver for receiving a first signal on a target time-frequency resource block.
However, Zhang teaches a second node for wireless communications [see Fig. 1-3, para. 89-90, Fig. 7, para. 318-321; a network device for wireless communication], comprising: a transmitter [see Fig. 7, para. 318-319, 321; transceiver 703] for transmitting a first signaling [see Fig. 1-3, step 204, para. 7-8, 14, 89, 111-112, 115-116, 120, 127, 132-136, 138-139; transmitting a second indication information using a combination of at least one or more of higher layer signaling (RRC signaling), MAC CE signaling, and physical layer signaling (DCI)]; and a receiver [see Fig. 7, para. 318-319, 321; transceiver 703] for receiving a first signal on a target time-frequency resource block [see Fig. 3, step 205, para. 7-8, 137-139; receiving sidelink data on a resource in a second resource pool indicated by the second indication information. Note that the second resource pool includes one or more of time-frequency resource blocks (see para. 100-105)]; wherein, the first signaling carries a first source ID [see para. 134, 140, 232; the second indication information using the physical layer signaling (DCI) carries an identifier of a resource pool]; the target time-frequency resource block is a time-frequency resource block in a target resource pool [see para. 7-8, 100-105, 120, 127, 137-139; the resource for transmitting the sidelink data indicated by the second indication information is a time-frequency resource block in the second resource pool], and the target resource pool comprises a plurality of time-frequency resource blocks [see para. 7-8, 100-105; the second resource pool comprises a plurality of time-frequency resource blocks]; the first signaling indicates a first candidate resource set [see para. 7-8, 14, 89, 100-105, 111-112, 115-116, 120, 127, 132-136, 138-139; the second indication information indicating the resource for transmitting the sidelink data in the second resource pool (resource set 2)], and the first candidate resource set comprises at least one time-frequency resource block [see para. 100-105, 111-112, 132-136, 138-139; the resource for transmitting the sidelink data in the second resource pool comprises one or more of time-frequency resource blocks]; a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool [see para. 24, 129-130; a data transmission requirement of a large quantity of V2X services is used to determine whether the resource for transmitting the sidelink data is within the second resource pool].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the teaching of Zhang into the system of Patent’292 so that it would ensure that the V2X services are normally performed [see Zhang, para. 7].
Regarding claims 2 and 10, Patent’292 discloses wherein the first signaling indicates a first candidate resource set [see claim 2; wherein the first signaling indicates the first candidate resource set]; and a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool [see claims 1, 6, 8; the first candidate resource set being associated with a first reference resource set that is one of the M reference resource sets, and the first candidate resource set is one of the M candidate resource sets; and a magnitude order of a measurement performed on the first reference resource set among M measurements performed on the M reference resource sets is used to determine whether the first candidate resource set is within the target resource pool].
Regarding claims 3 and 11, Patent’292 discloses wherein the first signaling indicates the first zone ID and the first candidate resource set [see claim 8; the first signaling indicates at least a latter of a first zone ID and a first candidate resource set, and the first candidate resource set is one of the M candidate resource sets]; and the first zone ID is used to determine whether the first candidate resource set is within the target resource pool [see claim 8; at least one of the first zone ID or a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool].
Regarding claims 4 and 12, Patent’292 discloses wherein the first signaling indicates the first zone ID and the first candidate resource set [see claim 3; wherein the first signaling indicates the first zone ID and the first candidate resource set]; and both the first zone ID and a measurement corresponding to the first candidate resource set are used together to determine whether the first candidate resource set is within the target resource pool [see claim 8; at least one of the first zone ID or a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool].
Regarding claims 5 and 13, Patent’292 discloses wherein the receiver is further configured for receiving first configuration information, wherein the first configuration information indicates a second resource pool, the second resource pool comprises the first candidate resource set and is usable by a receiving node of the first signaling to determine the first resource pool, and the second resource pool comprises the target resource pool [see claim 6; receiving first configuration information, wherein the first configuration information indicates a second resource pool that comprises M candidate resource sets, the second resource pool being used to determine the first resource pool, and the second resource pool comprises the target resource pool].
Regarding claims 6 and 14, Patent’292 does not explicitly disclose wherein the second node is a user equipment (UE).
However, Zhang teaches wherein the second node is a user equipment (UE) [see Fig. 1, para. 89-90, 92; a UE].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the teaching of Zhang into the system of Patent’292 so that it would ensure that the V2X services are normally performed [see Zhang, para. 7].
Regarding claims 7 and 15, Patent’292 does not explicitly disclose wherein the second node is a relay node.
However, Zhang teaches wherein the second node is a relay node [see Fig. 1, para. 89-91; a relay station].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the teaching of Zhang into the system of Patent’292 so that it would ensure that the V2X services are normally performed [see Zhang, para. 7].
Regarding claims 8 and 16, Patent’292 does not explicitly disclose wherein the second node is a base station.
However, Zhang teaches wherein the second node is a base station [see Fig. 1, para. 89-91; a base station].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the teaching of Zhang into the system of Patent’292 so that it would ensure that the V2X services are normally performed [see Zhang, para. 7].
It has been held that the omission an element and its function is an 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); omission of a reference element whose function is not needed would be obvious to one skilled in the art. Moreover, the doctrine of double patenting seeks to prevent the unjustified extension of patent exclusivity beyond the term of a patent.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-3, 5-11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2022/0053515 A1) in view of Thomas et al. (US 2023/0305099 A1, hereinafter “Thomas”).
Regarding claims 1 and 9, Zhang discloses a second node for wireless communications [see Fig. 1-3, para. 89-90, Fig. 7, para. 318-321; a network device for wireless communication], comprising:
a transmitter [see Fig. 7, para. 318-319, 321; transceiver 703] for transmitting a first signaling [see Fig. 1-3, step 204, para. 7-8, 14, 89, 111-112, 115-116, 120, 127, 132-136, 138-139; transmitting a second indication information using a combination of at least one or more of higher layer signaling (RRC signaling), MAC CE signaling, and physical layer signaling (DCI)]; and
a receiver [see Fig. 7, para. 318-319, 321; transceiver 703] for receiving a first signal on a target time-frequency resource block [see Fig. 3, step 205, para. 7-8, 137-139; receiving sidelink data on a resource in a second resource pool indicated by the second indication information. Note that the second resource pool includes one or more of time-frequency resource blocks (see para. 100-105)];
wherein, the first signaling carries a first source ID [see para. 134, 140, 232; the second indication information using the physical layer signaling (DCI) carries an identifier of a resource pool]; the target time-frequency resource block is a time-frequency resource block in a target resource pool [see para. 7-8, 100-105, 120, 127, 137-139; the resource for transmitting the sidelink data indicated by the second indication information is a time-frequency resource block in the second resource pool], and the target resource pool comprises a plurality of time-frequency resource blocks [see para. 7-8, 100-105; the second resource pool comprises a plurality of time-frequency resource blocks]; the first signaling indicates a first candidate resource set [see para. 7-8, 14, 89, 100-105, 111-112, 115-116, 120, 127, 132-136, 138-139; the second indication information indicating the resource for transmitting the sidelink data in the second resource pool (resource set 2)], and the first candidate resource set comprises at least one time-frequency resource block [see para. 100-105, 111-112, 132-136, 138-139; the resource for transmitting the sidelink data in the second resource pool comprises one or more of time-frequency resource blocks]; a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool [see para. 24, 129-130; a data transmission requirement of a large quantity of V2X services is used to determine whether the resource for transmitting the sidelink data is within the second resource pool].
Although Zhang discloses wherein the first signaling carries a first source ID,
Zhang does not explicitly disclose the first source ID is used to identify the second node.
However, Thomas teaches transmitting a first signaling, wherein the first signaling carries a first source ID, and the first source ID is used to identify a node [see Fig. 3, para. 102; gNB #1 310 which is a serving gNB transmitting a PRS on PRS Resource ID #1 from the second Resource Set ID 330. Note that the PRS is locally associated with a PRS Resource ID and Resource Set ID for a base station (i.e., TRP), each gNB 310 is configured with a first Resource Set ID 325 and a second Resource Set ID 330].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “transmitting a first signaling, wherein the first signaling carries a first source ID, and the first source ID is used to identify a node”, as taught by Thomas, into the system of Zhang so that it would enable the UE to perform UE positioning-related measurements to enable the computation of a UE's location estimate [see Thomas, para. 101].
Regarding claims 2 and 10, Zhang discloses wherein the first signaling indicates a first candidate resource set [see Fig. 3, step 204, para. 7-8, 14, 111-112, 127, 132-136, 138-140; the second indication information indicates the resource for transmitting the sidelink data]; and a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool [see para. 24, 129-130; the data transmission requirement of a large quantity of V2X services corresponding to the resource for transmitting the sidelink data is used to determine whether the resource for transmitting the sidelink data is within the second resource pool].
Regarding claims 3 and 11, Zhang discloses wherein the first signaling indicates the first candidate resource set [see Fig. 3, step 204, para. 7-8, 14, 111-112, 127, 132-136, 138-140; the second indication information indicates the resource for transmitting the sidelink data in the second resource pool]; and a measurement is used to determine whether the first candidate resource set is within the target resource pool [see para. 24, 129-130; a data transmission requirement of a large quantity of V2X services is used to determine whether the resource for transmitting the sidelink data is within the second resource pool].
Zhang does not explicitly disclose the first zone ID.
However, Thomas teaches a zone ID is used to determine a candidate resource set [see Table 6, para. 196; a UE is configured with a Zone ID and the Zone ID is used to uniquely identify SL resources to be measured and/or reported by the UE].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the teaching of Thomas into the system of Zhang so that it would enable sidelink angular-based and SL RRM-based positioning [see Thomas, para. 4].
Regarding claims 5 and 13, Zhang discloses wherein the receiver [see Fig. 7, para. 318-319, 321; transceiver 703] is further configured for receiving first configuration information [see Fig. 3, step 203, para. 7, 128-130, 154; receiving first request], wherein the first configuration information indicates a second resource pool, the second resource pool comprises the first candidate resource set and is usable by a receiving node of the first signaling to determine the first resource pool, and the second resource pool comprises the target resource pool [see Fig. 3, step 203, para. 7, 128-130, 154; wherein the first request indicates the second resource pool comprising the resource for transmitting the sidelink data].
Regarding claims 6 and 14, Zhang discloses wherein the second node is a user equipment (UE) [see Fig. 1, para. 89-90, 92; a UE].
Regarding claims 7 and 15, Zhang discloses wherein the second node is a relay node [see Fig. 1, para. 89-91; a relay station].
Regarding claims 8 and 16, Zhang discloses wherein the second node is a base station [see Fig. 1, para. 89-91; a base station].
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Thomas and Deng et al. (US 2023/0300857 A1, hereinafter “Deng”).
Regarding claims 4 and 12, Zhang discloses wherein the first signaling indicates the first candidate resource set [see Fig. 3, step 204, para. 7-8, 14, 111-112, 127, 132-136, 138-140; the second indication information indicates the resource for transmitting the sidelink data in the second resource pool]; and a measurement corresponding to the first candidate resource set is used to determine whether the first candidate resource set is within the target resource pool [see para. 24, 129-130; a data transmission requirement of a large quantity of V2X services is used to determine whether the resource for transmitting the sidelink data is within the second resource pool].
Zhang does not explicitly disclose the first zone ID.
However, Thomas teaches a zone ID is used to determine a candidate resource set [see Table 6, para. 196; a UE is configured with a Zone ID and the Zone ID is used to uniquely identify SL resources to be measured and/or reported by the UE].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the teaching of Thomas into the system of Zhang so that it would enable sidelink angular-based and SL RRM-based positioning [see Thomas, para. 4].
The combined system of Zhang and Thomas does not explicitly disclose “both” the first zone ID and a measurement corresponding to the first candidate resource set are “used together” to determine whether the first candidate resource set is within the target resource pool.
However, Deng teaches both a zone ID and a measurement corresponding to a candidate resource set are used together to determine whether the candidate resource set is within a target resource pool [see para. 73, 110, 112; both a zone ID and activity states and/or power states are used together to determine a set of PSCCH monitoring slots/sub-channels in a determined PSCCH monitoring resource pool].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the teaching of Deng into the combined system of Zhang and Thomas so that it would reduce the decoding of SL control information [see Deng, para. 2].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yeo et al. (US 2022/0046588 A1), discloses a method and device for transmitting and receiving control information and data for groupcast and/or multicast in a wireless communication system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T. LE whose telephone number is (571)270-5615. The examiner can normally be reached on M-F 9:30AM-6:00PM.
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/BRIAN T LE/Primary Examiner, Art Unit 2469
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