Prosecution Insights
Last updated: April 19, 2026
Application No. 17/763,994

METHODS, DEVICES AND COMPUTER STORAGE MEDIA FOR COMMUNICATION

Final Rejection §103
Filed
Mar 25, 2022
Examiner
PHUONG, DAI
Art Unit
2644
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
4 (Final)
76%
Grant Probability
Favorable
5-6
OA Rounds
3y 0m
To Grant
92%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
611 granted / 809 resolved
+13.5% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
36 currently pending
Career history
845
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 809 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Response to Argument Applicant's arguments filed 12/08/25 have been fully considered but they are not persuasive. Claims 1-32 have been canceled. Claims 33-38 are pending. Applicant, on pages 5-6 of the remarks, argues that claim 33 requires both filtered RSRP and filtered transmit power using the same configuration, which is neither taught nor suggested by the cited references, or any combination thereof. However, the Examiner respectfully disagrees. Ryu et al. disclose at least in paragraph 228 that the L3-RSRP may refer to an RSRP value obtained by layer 3 by averaging the L1-RSRP during a certain period of time (e.g., 100 ms). In this case, a filter coefficient for obtaining an average may be required. In other words, L3-RSRP is obtained by using the filter coefficient. Furthermore, Ryu et al. disclose in claim 7 that the transmission power is determined by using the L3-RSRP. However, the L3-RSRP being obtained by the second terminal using a filter coefficient based on the PSSCH DMRS. For reason above, the Examiner contends that Ryu et al. disclose that both filtered RSRP and filtered transmit power are using the same filtered coefficient. Claim Rejections - 35 USC § 103 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 of this title, 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 33-38 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (U.S. 20220007302) in view of Ryu et al. (U.S. 20250063513). For claim 33, Lin discloses a method for a first terminal device comprising: receiving, from a second terminal device, a higher layer (RRC) filtered Reference Signal Received Power (RSRP) (at least Fig. 4-5, [0048]-[0054] and claims 1-4. A Tx-UE1 504 first triggers a Rx-UE2 505 to report a sidelink—reference signal received power (SL-RSRP) by indicating a SL-RSRP measurement period/timeframe or reporting slot number as part of sidelink control information (SCI), which is to be encoded and transmitted in PSCCH at an operation 402. Once the Rx-UE2 505 received the SL-RSRP reporting triggering indicated in PSCCH SCI at the operation 402, the Rx-UE2 505 performs measurements of SL-RSRP level according to the indicated measurement period/timeframe 503. If the Tx-UE1 504 transmits more than one PSSCH intended for the Rx-UE2 505 during the measurement period/timeframe, the Rx-UE2 505 can perform SL-RSRP measurement per PSSCH transmission at the operation 502 and average across the multiple measured SL-RSRP levels by means of layer 3 filtering. Once the Tx-UE1 504 receives the SL-RSRP report from the Rx-UE2 505, the Tx-UE1 504 estimates a pathloss value. The trigger signaling for the SL-RSRP measurement reporting is part of a radio resource control (RRC) signaling.); and determining a path loss by subtracting the filtered RSRP from a value based on a transmit power filtered across a plurality of Physical Sidelink Shared Channel (PSSCH) transmissions (at least Fig. 4-5 and [0048]-[0054]. Once the Tx-UE1 504 receives the SL-RSRP report from the Rx-UE2 505, the Tx-UE1 504 estimates a pathloss value at an operation 406 based on the received SL-RSRP report and the transmission power used to transmit PSSCH during the SL-RSRP measurement period/timeframe, according to a simple calculation: pathloss=Tx power used for transmitting PSSCH—reported SL-RSRP level.) However, Lin does not disclose obtained using a filter configuration based on a filter coefficient for sidelink; and the transmit power being filtered, using the filter configuration based on the filter coefficient for sidelink, across a plurality of PSSCH transmission occasions. In the same field of endeavor, Ryu et al. disclose obtained using a filter configuration based on a filter coefficient for sidelink; the transmit power being filtered, using the filter configuration based on the filter coefficient for sidelink, across a plurality of PSSCH transmission occasions (at least [0228] and claim 7. The L3-RSRP may refer to an RSRP value obtained by layer 3 by averaging the L1-RSRP during a certain period of time (e.g., 100 ms). In this case, a filter coefficient for obtaining an average may be required. Furthermore, Ryu et al. disclose in claim 7 that a first terminal comprising: a transceiver; a memory storing a power control method program; and a processor configured to execute the program stored in the memory and control the transceiver to: transmit a physical sidelink shared channel (PSSCH) demodulation reference signal (DMRS) to a second terminal, receive a report for a layer 3 reference signal received power (L3-RSRP) from the second terminal, the L3-RSRP being obtained by the second terminal using a filter coefficient based on the PSSCH DMRS, determine a transmission power based on the L3-RSRP, and perform a sidelink transmission based on the determined transmission power, wherein the filter coefficient is configured through a radio resource control (RRC) signaling for PC5 RRC connection configuration between the first terminal and the second terminal.) Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Lin as taught by Ryu et al. for purpose of estimating inter-terminal sidelink path loss for control information and data information transmission between terminals. For claim 34, the combination of Lin and Ryu et al. discloses the method of claim 33. Lin discloses the filtered RSRP is reported with a predetermined period by the second terminal device (at least Fig. 4-5 and [0048]-[0054]. If the SL-RSRP measurement period/timeframe is expressed as a time length duration or a number of PSSCH transmissions, the Rx-UE2 505 can perform SL-RSRP measurement on every PSSCH transmitted at the operation 502 from the Tx-UE1 504 intended for the Rx-UE2 505 during the measurement period/timeframe 503.) For claim 35, the combination of Lin and Ryu et al. discloses the method of claim 34. Lin discloses the predetermined period is configured via higher layer signaling (at least claim 3. The trigger signaling for the SL-RSRP measurement reporting is part of a radio resource control (RRC) signaling.) For claims 36-38, the claims have feature similar to claims 33-35. Therefore, the claims are also rejected for the same reason in claims 33-35. Conclusion THIS ACTION IS MADE FINAL. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-5pm. 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, Kathy Wang-Hurst can be reached on 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-7687. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /DAI PHUONG/ Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Mar 25, 2022
Application Filed
Aug 09, 2024
Non-Final Rejection — §103
Dec 16, 2024
Response Filed
Jan 24, 2025
Final Rejection — §103
Jul 29, 2025
Request for Continued Examination
Jul 30, 2025
Response after Non-Final Action
Aug 04, 2025
Non-Final Rejection — §103
Dec 08, 2025
Response Filed
Jan 16, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
76%
Grant Probability
92%
With Interview (+16.0%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 809 resolved cases by this examiner. Grant probability derived from career allow rate.

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