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 with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 10-11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hou et al. (WO 2019029435 A1)
Regarding claim 10, Hou discloses a user device, UE, for a wireless communication network,
wherein the UE is to communicate with one or more further UEs in the wireless
communication network over a sidelink, SL (see V2V sidelink, abstract, #16, page 7),
wherein the UE is configured or preconfigured to support sidelink carrier aggregation (see carrier aggregation, abstract, #9 on page 6), SL-CA, the SL-CA comprising a plurality of component carriers (see “component carriers”, #10 page 6), CCs, and wherein the UE is to select the CCs for the SL communication in accordance with a configuration ((see configuration, #11 page 6)) or pre-configuration (see pre-configuration, #67 of page 13) of the SL-CA indicating one or more CCs to be used dependent on a position of the UE (see #90, page 16, mobile geographic position), and
wherein the CCs (see in regards to “CC” with “carrier aggregation” #90 of page 16) to be used dependent on a position of the UE comprise: CCs to be used dependent on a location of the UE in the wireless communication network (see mobiles geographic location, #90 page 16).
Regarding claim 11, Hou discloses the user device, UE, of claim 10, wherein the configuration
or pre-configuration of the SL-CA further indicates CCs to be used dependent on the mobility
state of the UE, and wherein the mobility state is one or more of
- velocity of a UE (mobile nodes’s moving speed, #90 page 16),
- mode 1 connectivity of a UE, e.g., connected to a certain gNB,
- mode 2 connectivity of a UE,
- height of a UE or 2D or 3D trajectory of a UE, e.g., in case the UE is a drone,
- type of track, e.g., a UE moving on the Autobahn or on a dirt road, railroad track,
water road,
- a transition state, e.g., the UE performing a handover, e.g., HO or CHO, between
gNBs, e.g., for UEs having a connectivity to eNB or gNB.
Allowable Subject Matter
Claims 3-8, 12-20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K. WILFORD SHAHEED whose telephone number is (469) 295-9175. The examiner can normally be reached on Monday-Friday 9 am-6pm; CST; ALT Friday. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. The examiner’s Supervisor, Jinsong Hu, can be reached at (571)272-3965, where attempts to reach the examiner are unsuccessful.
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/KHALID W SHAHEED/Primary Examiner, Art Unit 2643
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