Prosecution Insights
Last updated: August 18, 2026
Application No. 17/766,130

DEVICE TO DEVICE DISCOVERY VIA A RELAY DEVICE

Final Rejection §103
Filed
Apr 01, 2022
Priority
Oct 03, 2019 — provisional 62/910,067 +1 more
Examiner
FAYED, RASHA K
Art Unit
2413
Tech Center
2400 — Computer Networks
Assignee
InterDigital Inc.
OA Round
4 (Final)
63%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
230 granted / 365 resolved
+5.0% vs TC avg
Strong +26% interview lift
Without
With
+26.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
18 currently pending
Career history
405
Total Applications
across all art units

Statute-Specific Performance

§101
4.8%
-35.2% vs TC avg
§103
71.3%
+31.3% vs TC avg
§102
12.6%
-27.4% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 365 resolved cases

Office Action

§103
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 Amendment 2. Claims 21, 31, 34, 35 and 38 are amended. Claims 21-26 and 29-40 are pending. Response to Arguments Applicant’s arguments, filed on 3/9/2026, with regards to claims 21-26 and 29-40 have been fully considered but they are not persuasive. The applicant asserts that the combination of Kuge, Stojanovski and Peng does not teach or suggest: “send a request to a network function, the request indicating the WTRU is configured to operate as a WTRU-to-WTRU relay for discovery of at least one service; receive a response from the network function, the response comprising a key associated with a relay service code” and “send to a third WTRU a discovery message comprising the service discovery information and the relay service code received from the second WTRU, the discovery message protected using the key associated with the relay service code and received from the network function, the third WTRU being one of a monitoring WTRU or a discoveree WTRU”. Examiner respectfully disagrees. The combination of Kuge, Stojanovski and Peng, specifically Kuge teaches the UE_B 9 [Disclosed WTRU] transmits a discovery request to the ProSe function unit_A 7 [Network Function]. The discovery request may be a discovery request message with which the UE_B 9 requests to start the monitoring procedure. The transmission may be carried out under the condition that the UE_B 9 has been authenticated to perform announcing by the ProSe function unit_A 7 of a Home PLMN which is a network operator to make a contract with. The discovery request may include the ProSe Application User ID, UE ID, a command indicating the monitoring, a discovery type indicating that the discovery is aimed to achieve a UE-to-NW Relay service, and an Application ID. (See Par. [351]-[352] and Fig. 15; Step 1504) Kuge, further teaches that a ProSe Restricted Code (ProSe Restricted Code B) is assigned to the UE_B 9 by the ProSe function unit_A 7 in response to the discovery request from the UE_B 9. Based on the service permission and the Relay Service Code configuration, the ProSe function unit_A 7 transmits a discovery response to the UE_B 9 . The discovery response may be a Response message to the discovery request. The discovery response may include a discovery filter. The discovery filter may include the Relay Service Code and a timer corresponding to the Relay Service Code and indicating a period of time during which the Relay Service Code is valid. [Therefore, Kuge discloses the WTRU sends a discovery request indicating that the discovery is aimed to achieve a UE-to-NW Relay service to the network function and receives a response to the discovery request] (See Kuge; Par. [375]-[384] and Fig. 15; Step 1510) On the other hand, Stojanovski teaches a ProSe UE-to-UE relay discovery method (See Fig. 13). With regard to UE-to-UE relay discovery, messages for ProSe UE-to-UE relay discovery in the standard already contain information about the user of the announcing, discoverer, or discoveree UE. A UE, in Stojanovski, may sometimes act as a discoverer UE, announcing UE, monitoring UE, or discoveree UE. A first UE is configured to discover a second UE and establish a security association with the second UE over a direct link. Following establishment of the security association, the first UE is configured to engage in one-to-one communication with the second UE. In one embodiment, the security association includes mutual authentication and/or agreement of common key material between the first UE and second UE. As Shown in Fig. 2, five UEs are shown (labeled UE-1, UE-2, UE-3, UE-4, and UE-5). In the call flow UE-1, the announcing UE sends a discovery message that includes an indication of a message type, a discovery type, announcer information, and a ProSe UE identifier (ID). (See Par. [27]) [Therefore, UE-R transmits a ProSe direct discovery message to UE-2 (Third WTRU), the prose discovery message includes discovery information associated with ProSe (Proximity) UE identifier (ID)] (See Stojanovski; Par. [51]-[58] and Fig. 13) Therefore, and for the reasons set above, the combination of Kuge, Stojanovski and Peng teaches the claimed invention. The rejection of claims 21-26 and 29-40 is sustained. Claim Rejections - 35 USC § 103 3. 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. 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. 4. Claims 21-26 and 29-40 are rejected under 35 U.S.C. 103 as being unpatentable over Kuge et al. (US. Pub. No. 2018/0192280 A1) in view of Stojanovski et al. (US. Pub. No. 2016/0279394 A1) and further in view of Peng et al. (US. Pub. No. 2018/0269185 A1). Regarding claim 21, Kuge discloses a wireless transmit receive unit (WTRU) (See Kuge; Fig. 3; Relay UE A8) comprising: a processor (See Kuge; Fig. 3; Control Unit 302) configured at least to: send a request to a network function (See Fig. 1; ProSe Function Unit A 7), the request indicating the WTRU is configured to operate as a relay for discovery of at least one service (See Par. [351]-[352] and Fig. 15; S1504 of Kuge for a reference to the UE _B 9 transmits a discovery request to the ProSe Function unit 7A, with which the UE requests to start being an announcing UE. The discovery request indicates the UE aims to achieve a UE-to-NW relay service); receive a response from the network function (See Par. [382]-[384] and Fig. 15; S1510 of Kuge for a reference to that based on the service permission, the UE_A 8 receives a discovery response from the ProSe function unit 7A. The discovery response includes a discovery filter, which includes the relay service code and a corresponding timer to each code); receive from a second WTRU service discovery information, the service discovery information associated with a proximity service (See Par. [386]-[392], [405], [623] and Fig. 15 of Kuge for a reference to the UE B9 receives the discovery response including multiple filters and multiple relay service codes assigned by the ProSe function 7). Kuge does not explicitly disclose the WTRU is configured to operate as a WTRU-to-WTRU relay; receive from a second WTRU service discovery information, the service discovery information associated with a proximity service, the second WTRU being one of an announcing WTRU or a discoverer WTRU; the response comprising a key associated with a relay service code; check the service discovery information for integrity; and send to a third WTRU a discovery message comprising the service discovery information and the relay service code received from the second WTRU, the discovery message protected using the key associated with the relay service code and received from the network function; the third WTRU being one of a monitoring WTRU or a discoveree WTRU. However, Stojanovski discloses the WTRU is configured to operate as a WTRU-to-WTRU relay (See Par. [51], [55] and Fig. 13; 1304 of Stojanovski for a reference to UE-R which is indicated to operate as a UE-to-UE relay UE); receive from a second WTRU service discovery information, the service discovery information associated with a proximity service (See Par. [55]-[57] and Fig. 13; 1312 of Stojanovski for a reference to UE-1 (Second WTRU) transmits a a ProSe direct discovery message to the relay UE (UE-R), the prose discovery message includes discovery information associated with ProSe (Proximity) UE identifier (ID)), the second WTRU being one of an announcing WTRU or a discoverer WTRU (See Par. [27] and Fig. 2 of Stojanovski for a reference to UE-1, which is the announcing UE that sends a discovery message that includes an indication of a message type, a discovery type, announcer information, and a ProSe UE identifier (ID)); and send to a third WTRU a discovery message received from the second WTRU; the third WTRU being one of a monitoring WTRU or a discoveree WTRU (See Par. [55]-[57] and Fig. 13; 1312-1316 of Stojanovski for a reference to UE-R [Second WTRU] transmits a ProSe direct discovery message to UE-2 (Third WTRU), the prose discovery message includes discovery information associated with ProSe (Proximity) UE identifier (ID)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Stojanovski to Kuge. The motivation of combination would be improving the system’s performance, by improving network throughput and data rates by enabling direct communications between mobile stations rather than using network infrastructure. (Stojanovski; Par. [23]). The combination of Kuge and Stojanovski does not explicitly disclose the response comprising a key associated with a relay service code; check the service discovery information for integrity; the discovery message comprising the service discovery information and the relay service code; the discovery message protected using the key associated with the relay service code and received from the network function. However, Peng discloses the response comprising a key associated with a relay service code (See Par. [65], [127]-[133] and Fig. 7 of Peng for a reference to the active terminal sends back a ProSe response code and the ProSe response key associated with it, to a passive terminal); check the service discovery information for integrity (See Par. [65], [112]-[113], [155], [167] and Fig. 4 of Peng for a reference to the active terminal sends a query request message to a passive terminal, and the query request message includes ProSe query code parameter. The passive terminal checks the ProSe query code for integrity, and if the ProSe query code is successfully checked, the passive terminal sends back a query request message, which includes ProSe response code parameter to the active terminal); the discovery message comprising the service discovery information and the relay service code (See Par. [237]-[245] and Fig. 13 of Peng for a reference to the passive terminal sends an authentication request message to a ProSe function entity in a home network of the passive terminal UE_A 8), the discovery message protected using the key associated with the relay service code (See Par. [167], [237]-[245] and Fig. 13 of Peng for a reference to the authentication request message includes the ProSe query code, the query MIC, and a counter value based on UTC time. integrity protection is performed, by adding corresponding parameters, on a the authentication message) and received from the network function (See Par. [109] and Fig. 3; S312 of Peng for a reference to the ProSe function entity in the home network sends back a discovery response message to the active terminal, and the discovery response message includes parameters such as a mode (the value of which is set to B), the discovery filter, the ProSe query code, and a validity period). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Peng to combination of Kuge and Stojanovski. The motivation of combination would be improving the system’s performance, by improving the proximity discovery procedure, through the checking of the integrity of the service code that achieves the matching event. (Peng; Par. [65]). Regarding claim 22, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses wherein the request to the network function comprises a relay identifier associated with the WTRU, an information element indicating that the WTRU is configured to operate as a relay for discovery of the at least one service, and at least one identifier associated with the at least one service (See Par. [300] and Fig. 14; S1404 of Kuge for a reference to the discovery request includes the user ID (UE ID), a discovery type indicating that the discovery is aimed to achieve a UE-to-NW relay service, and an application [Service] ID). Regarding claim 23, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses wherein the at least one relay service broadcast code corresponds to the at least one identifier associated with the at least one service (See Par. [17], [317] of Kuge for a reference to the relay service code is an identification information corresponding to the UE-to-NW relay service. The code is an ID info assigned to the service by the ProSe function unit). Regarding claim 24, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses wherein the relay service code is associated with a ProSe service (See Par. [17], [317] of Kuge for a reference to the relay service code is an identification information corresponding to the UE-to-NW relay service. The code is an ID info assigned to the service by the ProSe function unit). Regarding claim 25, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses wherein the request to the network function comprises a plurality of identifiers associated with respective services (See Par. [306]-[307], [362] of Kuge for a reference to the UE transmits the discovery request, which includes multiple [Plurality] of discovery types and application [Service] IDs); and wherein the response from the network function comprises information identifying a discovery filter and a relay service code for each of the plurality of identifiers (See Par. [375], [381], [390]-[391] of Kuge for a reference to the discovery response includes multiple discovery filters and multiple application codes corresponding to the multiple applications [Services] IDs, respectively). Regarding claim 26, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses the processor further configured to: store relay service code in association with an identifier associated with the at least one service (See Par. [185], [220], [384] of Kuge for a reference to the discovery filters, including relay service codes associated with service IDs, are stored in the relay UE’s storage unit 340). Regarding claim 29, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses wherein the processor configured to send the discovery message comprising the service discovery information and the relay service code is further configured to: broadcast data indicating the service discovery information and the relay service (See Par. [401], [614]-[615],[620] of Kuge for a reference to the UE broadcasts discovery requests, including the discovery/relay service code). Regarding claim 30, Kuge discloses wherein the processor is further configured to: send a second request, the second request indicating the WTRU is configured to operate as a relay for discovery of a second service (See Par. [351]-[352] and Fig. 15; S1504 of Kuge for a reference to the UE _B 9 transmits a discovery request to the ProSe Function unit 7A, with which the UE requests to start being an announcing UE. The discovery request indicates the UE aims to achieve a UE-to-NW relay service); receive a second response from the network function, the second response (See Par. [382]-[384] and Fig. 15; S1510 of Kuge for a reference to that based on the service permission, the UE_A 7 receives a discovery response from the ProSe function unit 8. The discovery response includes a discovery filter, which includes the relay service code and a corresponding timer to each code); receive from a fourth WTRU second service discovery information, the second service discovery information associated with a service (See Par. [386]-[392], [405], [623] and Fig. 15 of Kuge for a reference to the UE B9 receives the discovery response including multiple filters and multiple relay service codes assigned by the ProSe function 7). The combination of Kuge and Stojanovski does not explicitly disclose the response comprising a second key associated with a second relay service code; check the second service discovery information for integrity using the second key; and send to a fifth WTRU a discovery message comprising the second service discovery information and the second relay service. However, Peng discloses the response comprising a key associated with a relay service code (See Par. [65], [127]-[133] and Fig. 7 of Peng for a reference to the active terminal sends back a ProSe response code and the ProSe response key associated with it, to a passive terminal); check the second service discovery information for integrity using the second key (See Par. [65], [112]-[113], [155], [167] and Fig. 4 of Peng for a reference to the active terminal sends a query request message to a passive terminal, and the query request message includes ProSe query code parameter. The passive terminal checks the ProSe query code for integrity, and if the ProSe query code is successfully checked, the passive terminal sends back a query request message, which includes ProSe response code parameter to the active terminal); and send to a fifth WTRU a discovery message comprising the second service discovery information and the second relay service (See Par. [167], [237]-[245] and Fig. 13 of Peng for a reference to the passive terminal sends an authentication request message to a ProSe function entity in a home network of the passive terminal. The authentication request message includes the ProSe query code, the query MIC, and a counter value based on UTC time. integrity protection is performed, by adding corresponding parameters, on a the authentication message). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Peng to Kuge. The motivation of combination would be improving the system’s performance, by improving the proximity discovery procedure, through the checking of the integrity of the service code that achieves the matching event. (Peng; Par. [65]). Regarding claim 31, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses wherein the second request comprises a code associated with the second service (See Par. [17], [317] of Kuge for a reference to the relay service code is an identification information corresponding to the UE-to-NW relay service. The code is an ID info assigned to the service by the ProSe function unit). Regarding claim 32, Kuge discloses wherein the processor is further configured to: receive a relay filter, the relay filter configured to identify services to be relayed (See Par. [382]-[384] and Fig. 15; S1510 of Kuge for a reference to that based on the service permission, the UE receives a discovery response from the ProSe function uni. The discovery response includes a discovery filter, which includes the relay service code and a corresponding timer to each code); receive service codes (See Par. [386]-[392] and Fig. 15 of Kuge for a reference to the UE B9 receives the discovery response including multiple filters and multiple relay service codes). The combination of Kuge and Stojanovski does not explicitly disclose if a received service code satisfies the relay filter, send the received service code. However, Peng discloses if a received service code satisfies the relay filter, send the received service code (See Par. [65], [112]-[113], [155], [167] and Fig. 4 of Peng for a reference to the active terminal sends a query request message to a passive terminal, and the query request message includes ProSe query code parameter. The passive terminal checks the ProSe query code for integrity, and if the ProSe query code is successfully checked, the passive terminal sends back a query request message, which includes ProSe response code parameter to the active terminal). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Peng to Kuge. The motivation of combination would be improving the system’s performance, by improving the proximity discovery procedure, through the checking of the integrity of the service code that achieves the matching event. (Peng; Par. [65]). Regarding claim 33, the combination of Kuge, Stojanovski and Peng, specifically Kuge discloses wherein the processor configured to send the received service code is further configured to send the received service code to a ProSe function (See Par. [382]-[384] and Fig. 15; S1510 of Kuge for a reference to that based on the service permission, the ProSe function unit 8receives a discovery response that includes a discovery filter, which includes the relay service code and a corresponding timer to each code). Regarding claim 34, the claim is interpreted and rejected for the same reason as set forth in claim 21. Regarding claim 35, the claim is interpreted and rejected for the same reason as set forth in claim 22. Regarding claim 36, the claim is interpreted and rejected for the same reason as set forth in claim 23. Regarding claim 37, the claim is interpreted and rejected for the same reason as set forth in claim 30. Regarding claim 38, the claim is interpreted and rejected for the same reason as set forth in claim 31. Regarding claim 39, the claim is interpreted and rejected for the same reason as set forth in claim 32. Regarding claim 40, the claim is interpreted and rejected for the same reason as set forth in claim 33. Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wallentin et al, (US. Pub. No. 2020/0120728 A1) discloses method for establishing a radio resource control connection between a first wireless device and a radio network node. Muraoka (US. Pub. No. 2019/0356400 A1) discloses a method and apparatus for transmission power control of D2D communication. Pan et al. (US. Pub. No. 2018/0317268 A1) discloses a method of transmitting and receiving a discovery message in direct communication (e.g., ProSe communication) between terminals and an apparatus therefor. 6. 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 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. 7. Any inquiry concerning this communication from the examiner should be directed to RASHA FAYED whose telephone number is (571) 270-3804. The examiner can normally be reached on M-F 8:00AM-4:30PM. If attempts to reach the examiner by telephone are unsuccessful, the supervisory Examiner, Un Cho can be reached on (571)272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /R.K.F/Examiner, Art Unit 2413 /UN C CHO/Supervisory Patent Examiner, Art Unit 2413
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Prosecution Timeline

Show 4 earlier events
Sep 15, 2025
Response after Non-Final Action
Nov 13, 2025
Examiner Interview Summary
Nov 13, 2025
Applicant Interview (Telephonic)
Nov 13, 2025
Request for Continued Examination
Nov 22, 2025
Response after Non-Final Action
Dec 15, 2025
Non-Final Rejection mailed — §103
Mar 09, 2026
Response Filed
Aug 07, 2026
Final Rejection mailed — §103 (current)

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