Prosecution Insights
Last updated: July 05, 2026
Application No. 16/700,626

COMMUNICATION SYSTEM

Final Rejection §103
Filed
Dec 02, 2019
Priority
Sep 11, 2013 — GB 1316202.9 +2 more
Examiner
RAHMAN, M MOSTAZIR
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
12 (Final)
69%
Grant Probability
Favorable
13-14
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
217 granted / 316 resolved
+10.7% vs TC avg
Strong +40% interview lift
Without
With
+40.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
26 currently pending
Career history
374
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
91.2%
+51.2% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 316 resolved cases

Office Action

§103
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 Remarks This communication is considered fully responsive to the amendment filed on 01/16/2026. Claims 1, 3, 5, 7 are pending and are examined in this office action. Claims 1, 3, 5, 7 have been amended. No new claim has been added and previously claims 2, 4, 6, 8-9 had been canceled. Response to Arguments Applicant’s arguments, filed on 01/16/2026, with respect to claims have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. The Examiner found features modified to claims, i.e claim 1 as “1. (Currently Amended) A method performed by a user equipment (UE), the method comprising: receiving a Radio Resource Control (RRC) message, wherein the RRC message comprises configuration information for a sidelink discovery message, wherein the configuration information comprises first information indicating a time domain resource in which the sidelink discovery message is transmitted, and second information indicating a scrambling parameter; receiving downlink control information carrying third information identifying at least one resource to be used for transmission of the sidelink discovery message; and transmitting, to another UE,the sidelink discovery message based on the first information, the second information, and the third information.” that have changed the scope of the invention, Therefore, Applicant’s remarks regarding rejection under 35 U.S.C 103 for the claims are moot. Applicant's remarks are considered as forward looking statement for the newly reconstructed claims. In view of the applicant’s amendment to the claims, the examiner has clarified and remapped the rejection to the argued claim limitations in details, using the prior art of record in the current prosecution of the claims as well a new prior art. See LEE et al. (US 20150327046 A1; hereinafter as “LEE”) in view of LEE et al. (US 20140342747 A1; hereinafter as “LEE2747”). 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. Claims 1, 3, 5,7 are rejected under 35 U.S.C. 103 as being unpatentable over of LEE et al. (US 20150327046 A1; hereinafter as “LEE”) in view of LEE et al. (US 20140342747 A1; hereinafter as “LEE2747”) Examiner’s note: in what follows, references are drawn to LEE unless otherwise mentioned. Regarding claim 5, LEE teaches a user equipment (UE) (see fig. 8: UE1, Fig. 11-13: UE1 ]), the comprising: PNG media_image1.png 458 512 media_image1.png Greyscale PNG media_image2.png 385 488 media_image2.png Greyscale at least one memory storing instructions; and at least one processor configured to process the instructions (UE must have a memory and processor, also see fig. 14: processor and memory ]) to: receiving a Radio Resource Control (RRC) message (aforesaid UE1 receives D2D Discovery Request from eNB/EUTRAN , see fig. 7-8, Fig. 11-13 ; aforesaid Base Station sends “D2D Discovery Request“ to UE1 using upper layer RRC signaling [0082,[0102], “base station transmits a D2D discovery request message to UE 1 (S803). The D2D discovery request message may include D2D configuration information for transmission and reception of a discovery signal. In addition, the D2D configuration information may be transmitted through higher layer signaling (e.g., RRC signaling).”: [0087]); wherein the RRC message comprises configuration information for a sidelink discovery message (aforesaid high layer signaling/RRC signaling includes D2D configuration for D2D discovery : [0087] “ D2D configuration information may be transmitted through higher layer signaling (e.g., RRC signaling). In this case, transmitting the discovery request message as in step S1103 may be omitted.”: [0102];: [0103]] wherein the configuration information comprises first information indicating a time domain resource in which the sidelink discovery message is transmitted, and ( aforesaid D2D configuration includes, inter alia, time domain resource (==first information )and frequency domain resource for D2D discovery: .”: [0118] ]; NOTE: crossed/missed limitation will be addressed by another reference below); receiving downlink control information (==DCI or PDCCH ) carrying third information identifying at least one resource to be used for transmission of the sidelink discovery message (aforesaid UE receives DCI/PDCCH from eNB/Base Station which includes D2D UE Identification (ID) for using in D2D discovery : [0065]-[0069]; “ UE 1 transmits the discovery signal through the resource allocated by the base station in step S1103.”: [0104] ); transmitting, to another UE (==UE2 ), the sidelink discovery message based on the first information, and the third information (see fig. 11: UE sends/transmit to UE2 DISCVORY SIGNAL (==sidelink discovery message) using resource and D2d ID: [0104]-[0106] ) ( NOTE: crossed/missed limitation will be addressed by another reference below). While LEE teaches “wherein the RRC message comprises configuration information for a sidelink discovery message, wherein the configuration information comprises first information indicating a time domain resource in which the sidelink discovery message is transmitted”, LEE does not expressively teach: wherein the RRC message comprises configuration .. indicating .. and second information indicating a scrambling parameter; transmitting, to another UE,the sidelink discovery message based on … the second information LEE2747, in the same field of endeavor, discloses; wherein the RRC message comprises configuration .. indicating .. and second information indicating a scrambling parameter (in Peer to peer communication, one UE (==UE11 in Fig. 7 ) receives RRC connection from eNB using PDCCH in advance which includes a scramming ID or D2D-RNTI information for decoding : [0134]; “D2D communication setup response message may further include information on a search space and a scrambling identifier of a control channel for D2D communication.”: [0014]; see fig. 7 where UE 11 receives “D2D Discovery Response” from eNodeB to be used for D2D communication for UE11 to Peer UE 61 sidelink/D2D communication : [0023]; “ UE 11 may be configured to signal a value indicating the D2D period of the D2D setup response message via radio resource control (RRC) signaling. The UE 11 switches the frequency thereof to a frequency specified in a specific period (time or interval) according to new setup”: [0125] ); transmitting, to another UE (see fig. 7 : Peer UE 61 ) ,the sidelink discovery message based on … the second information (UE11 sends to Peer UE61 D2D based on scrambling ID information : “ peer UE 61 may acquire related information in a process of being connected to the peer eNodeB (the eNodeB which serves the peer UE) (not shown) or via RRC connection”: [0134]). 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 teaching of LEE to include the above recited limitations as taught by LEE. The suggestion/motivation would be to determine whether or not to switch an operating frequency band of the first UE from a first frequency band to a second frequency band based on the resource region information, and performing the D2D communication with the second UE in the first frequency band or the second frequency band according to the result of determination, wherein one of the first frequency band or the second frequency band is used for transmission for the D2D communication and another is used for reception for the D2D communication.. (LEE; [007]-0063]). Regarding claim 1, LEE teaches A method performed by a user equipment (UE), the method comprising: receiving a Radio Resource Control (RRC) message, wherein the RRC message comprises configuration information for a sidelink discovery message, wherein the configuration information comprises first information indicating a time domain resource in which the sidelink discovery message is transmitted, and second information indicating a scrambling parameter; receiving downlink control information carrying third information identifying at least one resource to be used for transmission of the sidelink discovery message; and transmitting, to another UE,the sidelink discovery message based on the first information, the second information, and the third information (this claim is interpreted and rejected for the same reason as set forth in claim 5). Regarding claim 7, LEE teaches A base station (see fig. 7-8, Fig. 11-13 BS/EUTRAN) for controlling communication between a user equipment (UE) (==UE1 in fig. 7-8, Fig. 11-13 ) and another UE ( ==UE2 in fig. 7-8m Fug. 11-13 ), the base station comprising: at least one memory storing instructions; and at least one processor configured to process the instructions to (BS/eNB/EUTRAN must have a memory and processor, also see fig. 14: processor and memory ]) transmit, to the UE (==UE1), a Radio Resource Control (RRC) message aforesaid UE1 receives D2D Discovery Request from eNB/EUTRAN , see fig. 7-8, Fig. 11-13 ; aforesaid Base Station sends “D2D Discovery Request“ UE1 using upper layer RRC signaling [0082,[0102], “base station transmits a D2D discovery request message to UE 1 (S803). The D2D discovery request message may include D2D configuration information for transmission and reception of a discovery signal. In addition, the D2D configuration information may be transmitted through higher layer signaling (e.g., RRC signaling).”: [0087 wherein the RRC message comprises configuration information for a sidelink discovery message (aforesaid high layer signaling/RRC signaling includes D2D configuration for D2D discovery : [0087] “ D2D configuration information may be transmitted through higher layer signaling (e.g., RRC signaling). In this case, transmitting the discovery request message as in step S1103 may be omitted.”: [0102];: [0103]] wherein the configuration information comprises first information indicating a time domain resource in which the sidelink discovery message is transmitted ( aforesaid D2D configuration includes, inter alia, time domain resource (==first information )and frequency domain resource for D2D discovery: .”: [0118] ]; NOTE: crossed/missed limitation will be addressed by another reference below);NOTE: crossed/missed limitation will be addressed by another reference below); transmit downlink control information carrying third information identifying at least one resource to be used for transmission of the sidelink discovery (aforesaid UE receives DCI/PDCCH from eNB/Base Station which D2D UE Identification (ID) for using in D2D discovery : [0065]-[0069]; “ UE 1 transmits the discovery signal through the resource allocated by the base station in step S1103.”: [0104]) and wherein the sidelink discovery message is transmitted, from the UE to the another UE (==UE2) , based on the first information, and the third information (see fig. 11: UE sends/transmit to UE2 DISCVORY SIGNAL (==sidelink discovery message) using resource and D2d ID: [0104]-[0106] ) ( NOTE: crossed/missed limitation will be addressed by another reference below). while monitoring the discovery signal through the allocated resource (S713).”: [0082] ; ( NOTE: crossed/missed limitation will be addressed by another reference below). LEE does not expressively teach: wherein the configuration information comprises first information indicating…second information indicating a scrambling parameter wherein the sidelink discovery message is transmitted, from the UE to the another UE , based on the first information, the second information. LEE2747 , in the same field of endeavor, discloses; wherein the configuration information comprises first information indicating…second information indicating a scrambling parameter (in Peer to peer communication, one UE (==UE11 in Fig. 7 ) receives RRC connection from eNB using PDCCH in advance which includes a scraming ID or D2D-RNTI information for decoding : [0134]; “D2D communication setup response message may further include information on a search space and a scrambling identifier of a control channel for D2D communication.”: [0014]; see fig. 7 where UE 11 receives “D2D Discovery Response” from eNodeB to be used for D2D communication for UE11 to Peer UE 61 sidelink/D2D communication : [0023]; “ UE 11 may be configured to signal a value indicating the D2D period of the D2D setup response message via radio resource control (RRC) signaling. The UE 11 switches the frequency thereof to a frequency specified in a specific period (time or interval) according to new setup”: [0125]); wherein the sidelink discovery message is transmitted, from the UE to the another UE (see fig. 7 : Peer UE 61 ), based on the first information, the second information (UE11 sends to Peer UE61 D2D based on scrambling ID information : “ peer UE 61 may acquire related information in a process of being connected to the peer eNodeB (the eNodeB which serves the peer UE) (not shown) or via RRC connection”: [0134]). 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 teaching of LEE to include the above recited limitations as taught by LEE. The suggestion/motivation would be to determine whether or not to switch an operating frequency band of the first UE from a first frequency band to a second frequency band based on the resource region information, and performing the D2D communication with the second UE in the first frequency band or the second frequency band according to the result of determination, wherein one of the first frequency band or the second frequency band is used for transmission for the D2D communication and another is used for reception for the D2D communication.. (LEE; [007]-0063]). Regarding claim 3, the claim is interpreted and rejected for the same reason as set forth in claim 7. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to M MOSTAZIR RAHMAN whose telephone number is (571)272-4785. The examiner can normally be reached 8:30am-5:00pm PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M Mostazir Rahman/Examiner, Art Unit 2411 /DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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Prosecution Timeline

Show 25 earlier events
Apr 11, 2025
Non-Final Rejection mailed — §103
Jul 11, 2025
Response Filed
Jul 25, 2025
Final Rejection mailed — §103
Oct 16, 2025
Response after Non-Final Action
Oct 16, 2025
Request for Continued Examination
Oct 23, 2025
Non-Final Rejection mailed — §103
Jan 16, 2026
Response Filed
Apr 17, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

13-14
Expected OA Rounds
69%
Grant Probability
99%
With Interview (+40.0%)
3y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 316 resolved cases by this examiner. Grant probability derived from career allowance rate.

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