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 .
Response to Arguments
Applicant’s arguments, see REMARKS, filed 01/02/2026, with respect to the rejections of claims 21-34 under 35 U.S.C. 103 as being unpatentable over Sun et al., (Pub. No.: US 2023/0146161 A1), in view of (3GPP TSG RAN WG1 #110bis-e, Electronics Meeting, 10-19 October, 2022, R1-2210290, Source: Moderator (OPPO), Title: FL summary #2 for AI 9.4.1.1: SL-U channel access mechanism, Agenda item: 9.4.1.1, hereinafter Document OPPO) and further in view of Talarico et al., (International Publication Number: WO 2023/205598 A1)have been fully considered and are not persuasive.
However, upon further consideration, a different ground(s) of rejection: Claims 21-34 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al., (Pub. No.: US 2023/0146161 A1), in view of (3GPP TSG RAN WG1 #110bis-e, Electronics Meeting, 10-19 October, 2022, R1-2210290, Source: Moderator (OPPO), Title: FL summary #2 for AI 9.4.1.1: SL-U channel access mechanism. Agenda item: 9.4.1.1, hereinafter Document OPPO)).
The amendments of claim 21 are now taught by OPPO and Talarico is nolonger needed. As shown below, OPPO, proposal 2-2 (I) contains feedback from Intel which is emphasized below.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. The factual inquiries 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.
6. Claims 21-34 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al., (Pub. No.: US 2023/0146161 A1), in view of (3GPP TSG RAN WG1 #110bis-e, Electronics Meeting, 10-19 October, 2022, R1-2210290, Source: Moderator (OPPO), Title: FL summary #2 for AI 9.4.1.1: SL-U channel access mechanism. Agenda item: 9.4.1.1, hereinafter Document OPPO).
Regarding Claims 21 and similarly claim 28, Sun discloses a user equipment (UE) configured to operate in a wireless communication system, the UE comprising: (Sun, Abstract UE, wireless communications systems, Fig. 4, paragraph [0077] UE 400)
a communication module; (Sun, Fig. 4, paragraph [0077] communication module 409) and
a processor (Sun, Fig. 4, paragraph [0077] processor 402) configured to control the communication module, (Sun, Fig. 4, paragraph [0077] communication module 409)
wherein the processor is configured to: (Sun, Fig. 4, paragraph [0077] processor 402)
transmit at least onefirst sidelink (SL) transmission (Sun, Abstract, paragraph [0006]-[0009] transmitting the first sidelink transmission)
transmit the second SL transmission (Sun, Abstract, paragraphs [0006]-[0009] transmitting the second sidelink transmission)
is transmitted in the first SL transmission (Sun, Abstract, paragraph [0006]-[0009] transmitting the first sidelink transmission).
Sun does not explicitly disclose following with latest developments:
wherein the at least one first SL transmission comprises physical sidelink shared channels (PSSCHs) enabled with hybrid ARQ acknowledgement (HARQ-ACK) feedback, and the HARQ-ACK feedback includes an explicit HARQ-ACK feedback and a NACK-only feedback;
adjust a contention window (CW) based on the HARQ-ACK feedback corresponding to PSSCH(s) in a reference duration for the CO, being enabled with the explicit HARQ-ACK feedback;
using a channel access procedure based on the adjusted CW,
wherein the reference duration is defined as a duration starting from a beginning of the CO until an end of an earliest slot where at least one PSSCH enabled with the explicit HARQ-ACK feedback of the HARQ-ACK feedback is transmitted in the CO.
However, Document OPPO discloses following:
wherein the at least one first SL transmission comprises physical sidelink shared channels (PSSCHs) enabled with hybrid ARQ acknowledgement (HARQ-ACK) feedback, and the HARQ-ACK feedback includes an explicit HARQ-ACK feedback and a NACK-only feedback;
(Document OPPO, Topic #2 Agreement (Proposal 2-2 VIII) — Three distinct categories: (1) Explicit HARQ-ACK (unicast/groupcast option 2): “CW adjustment for unicast with SL-HARQ feedback enabled… Option 2: If at least one ‘ACK’ is received related to any transmissions within the latest SL reference duration, for each priority class CW_p = CW_min,p; otherwise CW_p is increased.” (2) NACK-only (groupcast option 1): “FFS whether groupcast option 1 (NACK-only) with SL-HARQ feedback enabled can be supported for SL-U. If supported, further study the following options…” — Options include: “Option 2: If ‘NACK’ or a collision indicator (IUC scheme 2) is received… increase CW_p… When neither ‘NACK’ nor a collision indicator is received…” (3) Feedback disabled: “CW adjustment when SL-HARQ feedback is disabled…” The explicit distinction between “explicit HARQ-ACK feedback” (ACK/NACK signaled, unicast/groupcast opt 2) and “NACK-only feedback” (only NACK signaled, groupcast opt 1) is the central organizing principle of the entire CW adjustment discussion; section 3.1.2, page 3 discloses SL transmission, CO/COT, PSSCHs, SL HARQ feedback, and NACK-only)
adjust a contention window (CW) based on the HARQ-ACK feedback corresponding to PSSCH(s) in a reference duration for the CO, being enabled with the explicit HARQ-ACK feedback; (Document OPPO Topic #2 Agreement (unicast - continued): “Option 2: If at least one ‘ACK’ is received related to any transmissions within the latest SL reference duration, for each priority class CW_p = CW_min,p; otherwise CW_p is increased.” Topic #2 Agreement (groupcast option 2): “CW adjustment for groupcast option 2 with SL-HARQ feedback enabled (i.e., at least In case only groupcast option 2 PSSCH(s) is (are) transmitted within the latest SL reference duration): Option 1: Based on a (pre-)configurable ratio of received SL HARQ-ACK feedbacks in the latest SL reference duration, CW_p is reset to CW_min,p for every priority class, otherwise increase CW_p for every priority class to the next higher allowed value.” Topic #2 Agreement (NACK-only / groupcast option 1): “FFS whether groupcast option 1 (NACK-only) with SL-HARQ feedback enabled can be supported for SL-U. If supported…: Option 2: If ‘NACK’… is received related to any transmissions within the latest SL reference duration, increase CW_p for every priority class… When neither ‘NACK’ nor a collision indicator is received… Option A: CW_p is reset to CW_min,p…” “For transmitting a second SL transmission enabled with explicit HARQ-ACK feedback”: The CW adjustment is performed “before step 1 of the procedure described in clause 4.1.1” (Ref 1) — meaning the adjusted CW is used for the next transmission’s channel access. In Ref 2, this next transmission is a SL transmission (PSSCH) using the Type 1 SL channel access procedure. The agreement states the CW adjustment applies to “unicast with SL-HARQ feedback enabled” and “groupcast option 2 with SL-HARQ feedback enabled”; section 3.1.2, page 3, page 5 disclose CWS adjustment, page 3-5 disclose PSSCHs, page 3, HARQ-ACK feedback, SL transmission)
using a channel access procedure based on the adjusted CW, (Document OPPO Topic #1 Agreement: “Type 1 SL channel access procedure is applicable to the following transmissions by a UE: PSSCH/PSCCH transmission(s)…” - The channel access procedure applies to SL transmissions. Topic #2 Agreement (CAPC table for SL): Defines CW_min,p, CW_max,p, and allowed CW_p sizes for the SL CAPC table — directly feeding into the Type 1 SL channel access procedure; section 3.1.2, page 3 discloses SL transmission, CO/COT, page 3, page 5 disclose CWS adjustment, page 5 discloses channel access procedure)
wherein the reference duration is defined as a duration starting from a beginning of the CO until an end of an earliest slot where at least one PSSCH enabled with the explicit HARQ-ACK feedback of the HARQ-ACK feedback is transmitted in the CO. (Topic #2, first agreement paragraph: “RAN1 is to study the definition of a ‘SL reference duration’ following the NR-U principle and RAN1 is to agree on the definition before down-selection to an option for CW adjustment for SL HARQ-ACK feedback enabled/disabled and each cast type” Intel’s proposal (Topic #2, Round 1 — incorporated into the discussion framework): “A SL reference burst is defined as any burst from the beginning of the channel occupancy until either the end of the first slot where at least one unicast PSSCH or a groupcast PSSCH with HARQ-ACK feedback enabled in SCI is transmitted, or the end of the first transmission burst that contains a unicast PSSCH or a groupcast PSSCH with HARQ-ACK feedback enabled in SCI, whichever occurs earlier.”
It would have been obvious to a person having ordinary skill in the art to be motivated to combine the teachings of Sun before the effective filing date of the claimed invention with that of Document OPPO so that wherein the first SL transmission comprises physical sidelink shared channels (PSSCHs) with hybrid ARQ acknowledgement (HARQ-ACK) feedback, and the HARQ-ACK feedback includes an explicit HARQ-ACK feedback and a NACK-only feedback; adjust a contention window (CW) based on the HARQ-ACK feedback corresponding to PSSCH(s) in a reference duration for the CO, being enabled with the explicit HARQ-ACK feedback; using a channel access procedure based on the adjusted CW be included in a user equipment (UE) configured to operate in a wireless communication system. The motivation to combine the teachings of Document OPPO would enable to include outcomes including agreements, conclusions, and working assumptions related to SL channel access procedures, and CWS adjustment for Rel-18 NR sidelink. (Document OPPO, whole document, emphasis, section 1, section 3.1.2, 3.2, 3.2.1, 4.2, 4.8, and section 6)
Regarding Claim 22 and similarly claim 29, The combination of Sun in view of Document OPPO disclose the UE of claim 21 (Sun, Abstract UE, Fig. 4, paragraph [0077] UE 400),
Sun does not disclose, however OPPO discloses: wherein the explicit HARQ-ACK feedback includes ACK/negative ACK (NACK). (Document OPPO, Topic #2 Agreement (unicast CW adjustment): “If at least one ‘ACK’ is received… CW_p = CW_min,p; otherwise CW_p is increased” — “otherwise” implies NACK triggers CW increase. Topic #2 Agreement (groupcast option 2): “Option 2: If at least a ‘ACK’ is received… CW_p = CW_min,p; otherwise CW_p is increased.” Qualcomm comment (Topic #2, Round 1): “receiving either an Ack or a Nack means that SCI-2 over PSSCH has been correctly decoded” — Explicitly confirms explicit feedback = ACK or NACK.; section 3.1.2 discloses HARQ-ACK feedback including NACK-only). The motivation to combine is the same as the independent claim above.
Regarding Claim 23 and similarly claim 30, The combination of Sun in view of Document OPPO disclose the UE of claim 21 (Sun, Abstract UE, Fig. 4, paragraph [0077] UE 400),
Sun does not disclose, however OPPO discloses: wherein the CO is a latest CO initiated by the UE. (Document OPPO, Topic #2 Agreement: “CW adjustment for unicast with SL-HARQ feedback enabled… If at least one ‘ACK’ is received related to any transmissions within the latest SL reference duration…” — The CW adjustment is based on the latest SL reference duration within the latest CO. The agreed text references “latest” SL reference duration consistently throughout.; section 3.1.2, UE acquires a COT, page 5 discloses initiated by a UE, page 6 discloses UE initiate COT). The motivation to combine is the same as the independent claim above.
Regarding Claim 24 and similarly claim 31, The combination of Sun in view of Document OPPO disclose the UE of claim 21 (Sun, Abstract UE, Fig. 4, paragraph [0077] UE 400),
Sun does not disclose, however OPPO discloses: wherein when the HARQ-ACK feedback corresponding to the PSSCH(s) in the reference duration comprises at least an ACK, the CW is adjusted to a minimum value. (Document OPPO, Topic #2 Agreement (unicast): “If at least one ‘ACK’ is received related to any transmissions within the latest SL reference duration, for each priority class CW_p = CW_min,p; otherwise CW_p is increased.” Topic #2 Agreement (groupcast option 2): “Option 2: If at least a ‘ACK’ is received related to any transmissions within the latest SL reference duration, for each priority class CW_p = CW_min,p; otherwise CW_p is increased.”; section 3.1.2, page 3, page 5 disclose CWS adjustment, page 3-5 disclose PSSCHs, page 3, HARQ-ACK feedback, section 3.2, page 6-7 disclose CW adjustment). The motivation to combine is the same as the independent claim above.
Regarding Claim 25 and similarly claim 32, The combination of Sun in view of Document OPPO disclose the UE of claim 21 (Sun, Abstract UE, Fig. 4, paragraph [0077] UE 400),
Sun does not disclose, however OPPO discloses: wherein when the HARQ-ACK feedback corresponding to the PSSCH(s) in the reference duration does not comprise an ACK, the CW is increased to a next higher allowed value. (Document OPPO, Topic #2 Agreement (unicast): “If at least one ‘ACK’ is received… CW_p = CW_min,p; otherwise CW_p is increased.” Topic #2 Agreement (groupcast option 2): “Option 1: Based on a (pre-)configurable ratio… CW_p is reset to CW_min,p for every priority class, otherwise increase CW_p for every priority class to the next higher allowed value.” Topic #2 Agreement (NACK-only, option 2): “If ‘NACK’… is received… increase CW_p for every priority class to the next higher allowed value.”; section 3.1.2, page 3, page 5 disclose CWS adjustment, page 3-5 disclose PSSCHs, page 3, HARQ-ACK feedback, section 3.2, page 6-7 disclose CW adjustment). The motivation to combine is the same as the independent claim above.
Regarding Claim 26 and similarly claim 33, The combination of Sun in view of Document OPPO disclose the UE of claim 21 (Sun, Abstract UE, Fig. 4, paragraph [0077] UE 400),
Sun does not disclose, however OPPO discloses: wherein when HARQ-ACK feedback corresponding to groupcast PSSCH(s) in the reference duration is regarded as all ACKs, the CW is adjusted to a minimum value, and when the HARQ-ACK feedback corresponding to the groupcast PSSCH(s) in the reference duration comprises at least one negative ACK (NACK), the CW is increased to a higher allowed value. (Document OPPO, Topic #2 Agreement (groupcast option 2 — ACK/NACK feedback): “Option 1: Based on a (pre-)configurable ratio of received SL HARQ-ACK feedbacks in the latest SL reference duration, CW_p is reset to CW_min,p for every priority class, otherwise increase CW_p for every priority class to the next higher allowed value.” — When the ratio threshold is met (interpreted as “all ACKs” or sufficient ACKs) → CW reset; otherwise → CW increased. “Option 2: If at least a ‘ACK’ is received related to any transmissions within the latest SL reference duration, for each priority class CW_p = CW_min,p; otherwise CW_p is increased.” Huawei comment (Topic #2, Round 1): “Adjust CW based on whether at least one ACK is reported by each groupcast Rx UE within the reference duration” — If all receivers report ACK → CW reset; if at least one reports NACK → CW increased. Intel proposal (Topic #2, Round 1): “Option 2 [for GC opt 2]: if a ‘ACK’ is reported (as in Rel.16 SL design a UE reports ACK if all expected PSFCH resources carry ACK, and NACK is reported if at least one PSFCH carries NACK…); section 3.1.2, page 3, page 5 discloses CWS adjustment, page 3-5 disclose PSSCHs, page 3, HARQ-ACK feedback, section 3.2, page 6-7 disclose CW adjustment, section 3.2 discloses groupcast, page 9 discloses groupcast option 1, and groupcast option 2, page 13 discloses groupcast option 2 PSSCH) The motivation to combine is the same as the independent claim above.
Regarding Claim 27 and similarly claim 34, The combination of Sun in view of Document OPPO disclose the UE of claim 21 (Sun, Abstract UE, Fig. 4, paragraph [0077] UE 400),
Sun does not disclose, however OPPO discloses: wherein the first SL transmission comprises at least one PSSCH not being enabled with HARQ-ACK feedback. (Document OPPO, Topic #2 Agreement (Proposal 2-2 VIII): “CW adjustment when SL-HARQ feedback is disabled (at least if all transmissions within the latest SL reference duration have SL-HARQ feedback disabled): Option 1: For every priority class p, use the latest CW_p used for any SL transmissions on the channel using Type 1 channel access procedures associated with the channel access priority class p.” ; section 3.1.2, page 3-5 discloses PSSCHs, page 3 HARQ-ACK feedback, page 9, section 3.2, SL HARQ feedback is disabled/enabled) The motivation to combine is the same as the independent claim above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jia, US20200374940A1 — A contention window management method for unlicensed band operation in which a sending device determines a contention window size based on a proportion of NACKs/ACKs in HARQ feedback for data packets transmitted in one or more reference time units, accounting for both transport block (TB) and code block group (CBG) based feedback.
Sun, US20210092783A1 — A method for channel occupancy time (COT) sharing among sidelink user equipment devices in a shared radio frequency band, where a first UE that wins a COT transmits sidelink data and COT sharing information (available frequency interlaces, duration, gap periods, and channel access priority class) via sidelink control information to enable other UEs to opportunistically join and utilize unused resources within the COT.
Guo, US20200228247A1 — A method and apparatus for sidelink HARQ operation and power control in which a receiving UE determines whether to transmit HARQ-ACK information (including enabling/disabling reporting, NACK-only vs. ACK/NACK modes for groupcast, and CBG-based feedback) for a transport block decoded from a PSSCH reception, and determines PSFCH/PSCCH/PSSCH transmission power based on uplink and/or sidelink pathloss.
He, US20200344722A1 — A method and apparatus for NR V2X sidelink HARQ procedures in which a UE determines a PSFCH transmission slot based on a configured slot offset value from the PSSCH reception slot, with support for PSFCH resource mapping to subchannels, groupcast HARQ-ACK options (NACK-only and ACK/NACK), DRX-based power saving, and partial resource sensing for sidelink.
Talarico, US20220312481A1 — A method for contention window size adjustment in NR systems operating on unlicensed spectrum with CBG-based retransmission, where an access point divides a transport block into code block groups, transmits them after performing a listen-before-talk procedure, receives per-CBG HARQ-ACK feedback, determines a TB-level HARQ assessment from the CBG feedback, and adjusts the contention window size accordingly.
He, US20200336253A1 — A method and apparatus for NR V2X resource sensing and HARQ-ACK reporting in which a UE performs symbol-based or slot-based resource sensing with configurable parameters per access class, reserves multi-slot periodic/aperiodic resources via SCI, supports beam management for sidelink transmissions, and generates a HARQ-ACK codeword from PSFCH receptions for reporting to a base station via PUCCH.
Morejon Garcia, US20220046445A1 — A method for improving sidelink congestion control in which a first terminal device measures a channel busy ratio, determines the channel occupancy ratio of a peer UE’s sidelink transmissions, updates (reduces) the measured CBR by subtracting the peer UE’s occupancy, and uses the updated CBR to determine sidelink transmission parameters including a more accurate channel occupancy ratio limit (CR-Limit) for high data rate unicast services.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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NICHOLAS JENSEN
Supervisory Patent Examiner
Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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