Prosecution Insights
Last updated: April 19, 2026
Application No. 17/808,378

CHOOSING RANDOM SELECTION OR PARTIAL SENSING FOR SIDELINK RESOURCE SELECTION

Non-Final OA §103
Filed
Jun 23, 2022
Examiner
RIVAS, RAUL
Art Unit
2471
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
5 (Non-Final)
83%
Grant Probability
Favorable
5-6
OA Rounds
2y 10m
To Grant
93%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
391 granted / 471 resolved
+25.0% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
44 currently pending
Career history
515
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
64.1%
+24.1% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 471 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 . This action is in response to the communication filed on 01/16/2026. The Claims 4, 6, 17 and 19 have been canceled by the applicant. The Claims 27-30 have been newly added by the applicant. Response to Arguments Applicant's arguments/remarks filed on 01/16/2026 with respect to claim(s) 14 and the similarly amended independent claims have been considered but are moot in view of the new ground(s) of rejection. 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. Claim(s) 1, 3, 8-9, 14, 16 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US. Pub. 20200403731) in view of Chae et al. (US. Pub. 20210289380), further in view of Farag (US. Pub. 20230319849). Regarding claim 14 Zhang disclose, an apparatus for wireless communication at a user equipment (UE) read as: “terminal devices - UEs 102-1-n” see para. 78, comprising: one or more memories and one or more processors para. 37, “a terminal device, including a processor and a memory”, coupled with the one or more memories, configured to: select between random selection and partial sensing based at least in part on a block error ratio (BLER) and a channel busy ratio (CBR) associated with a sidelink channel para. 156, “Alternatively, the configuration or definition may also indicate (such as, either dynamically or semi-statically) the carrier (e.g. the serving cell index, or the frequency) in which the duplicated sidelink data packet should be transmitted. Alternatively, the terminal device may autonomously determine in which carrier the duplicated sidelink data packet should be transmitted depending on radio conditions, e.g., interference level, and/or CBR, and/or block error rate (BLER)”; and transmit on the sidelink channel using the sidelink resources para. 172, “regardless of which split bearer mechanism is used, the MAC entity may just transmit the data from the higher layer regardless whether sidelink data duplication has been performed or not”. Zhang do not specifically disclose, wherein the random selection is used to select sidelink resources of the sidelink channel when the BLER is less than or equal to a BLER threshold. However, Chae teach, “The UE may measure an average/maximum/minimum BLER of a packet received during a predetermined time duration or the number of occurrences of a BLER equal to or greater than a predetermined threshold”. The claim list features in the alternative. While the claim lists a number of optional limitations only one limitation from the list is required and needs to be met by the prior art. The Examiner has chosen the second of the alternatives. Zhang and Chae do not specifically disclose, wherein the one or more processors are configured to use the partial sensing to select the sidelink resources when the BLER is greater than the BLER threshold and the CBR is less than or equal to greater than a CBR threshold. However, Farag teaches, para. 242, “The condition to trigger the sending the sensing results (sensing information) from the LTE SL module to the NR SL module can be one or more of: (1) CBR on the LTE SL interface exceeds a threshold, (2) BLER averaged over N subframes for the LTE SL interface exceeds a threshold”. Zhang, Chae and Farag are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Chae and Farag in the system of Zhang so the system can choose the sidelink resources needed to transmit from of all potential candidate resources for the sidelink channel transmission selected according to the restrictions or limitations of the selected channel with the established configuration. The motivation for doing so would have been to managing the selection of the available resources and deliver the data in the corresponding order of priority preconfigured. Regarding claim 16 Zhang disclose, wherein the one or more processors are further configured to: transmit the message on the sidelink channel using the other sidelink resources. para. 172, “regardless of which split bearer mechanism is used, the MAC entity may just transmit the data from the higher layer regardless whether sidelink data duplication has been performed or not”. Zhang and Chae do not specifically disclose, use partial sensing to select other sidelink resources when a priority associated with a message satisfies a priority threshold. However, Farag teach, para. 242, “The condition to trigger the sending the sensing results (sensing information) from the LTE SL module to the NR SL module can be one or more of: (1) CBR on the LTE SL interface exceeds a threshold, (2) BLER averaged over N subframes for the LTE SL interface exceeds a threshold”. Zhang, Chae, Farag and Sartori are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Sartori in the system of Zhang, Chae, and Farag so the system can select the sidelink resources needed to transmit from of all potential candidate resources for the sidelink channel transmission and send data on the selected channel according to the established configuration. The motivation for doing so would have been to managing the selection of the available resources and deliver the data in the corresponding order of priority preconfigured to maintain levels of quality of services. Claim 1 recites a method corresponding to the apparatus of claim 14 and thus is rejected under the same reason set forth in the rejection of claim 14. Regarding claim 3 and 9 the limitations of claim 3 and 9 are rejected in the same manner as analyzed above with respect to claim 16. Regarding claim 8 the limitations of claim 8 are rejected in the same manner as analyzed above with respect to claim 21. Claim 21 recites a apparatus corresponding to the apparatus of claim 14 and thus is rejected under the same reason set forth in the rejection of claim 14. Claim(s) 12 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US. Pub. 20200403731) in view of Chae et al. (US. Pub. 20210289380), further in view of Farag (US. Pub. 20230319849) and further in view of Donggun et al. (EPO. Pub. KR102695605). Regarding claim 25 Zhang, Chae and Farag do not specifically disclose, wherein the one or more processors, to use the random selection, are configured to: use the random selection when a channel busy ratio (CBR) associated with the sidelink channel satisfies a CBR threshold. However, Donggun teach para. 941, “Thres_CBR can be equal to or less than Thres1. This operation is applied when the P2V mobile terminal (9f-01) can operate in both modes (random resource selection and partial sensing operation)”. Zhang, Chae, Farag and Donggun are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Donggun in the system of Zhang, Chae and Farag, so the system can update the channel configuration according to change on the variation of relevant parameters values. The motivation for doing so would have been to maintain the quality of service on the communication channel available. Regarding claim 12 the limitations of claim 12 are rejected in the same manner as analyzed above with respect to claim 25. Claim(s) 2, 15, 22 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US. Pub. 20200403731) in view of Chae et al. (US. Pub. 20210289380), further in view of Farag (US. Pub. 20230319849), and further in view of Zhao (WIPO. Pub. WO2022077227). Regarding claim 15 Zhang, Chae and Farag do not specifically disclose, wherein the one or more processors are further configured to: use the random selection to select other sidelink resources when a priority associated with a message fails to satisfy a priority threshold. However, Zhao para. 220, “only when the priority of the data to be transmitted that triggers resource selection or reselection is lower than a certain priority threshold, the random resource selection method is limited by the specified conditions and/or the range of transmission parameters”; and wherein the one or more processors, to transmit on the sidelink channel, are configured to: transmit the message on the sidelink channel using the other sidelink resources, wherein the message is associated with a priority that fails to satisfy a priority threshold, para. 209, “determining, by the first communication device, a priority of the second sidelink message associated with the second sidelink message grant fails to meet the priority threshold”. Zhang, Chae, Farag and Zhao are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Zhao in the system of Zhang, Chae and Farag so the system can select the sidelink resources needed to transmit from of all potential candidate resources for the sidelink channel transmission and notify the restrictions or limitations of the selected channel according to the established configuration. The motivation for doing so would have been to managing the selection of the available resources and deliver the data in the corresponding order of priority preconfigured. Regarding claims 2, 22 and 27-28 the limitations of claims 2, 22 and 27-28, are rejected in the same manner as analyzed above with respect to claims 15. Claim(s) 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US. Pub. 20200403731) in view of Chae et al. (US. Pub. 20210289380), further in view of Farag (US. Pub. 20230319849), further in view of Lee at al. (U.S. Pub. 20210377956). Regarding claim 18 Zhang, Chae and Farag does not specifically disclose, wherein the CBR fails to satisfy is greater than the CBR threshold based on a hysteresis value. However, Lee teach, para. 146, “the CBR value of the current carrier does not exceed a second CBR threshold value (e.g., a type of hysteresis margin) related to an additionally configured specific PPPP, the UE may maintain the current carrier”. Zhang, Chae, Farag and Lee are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee in the system of Zhang, Chae, and Farag so the system can update the channel configuration according to change on the variation of relevant parameters values. The motivation for doing so would have been to maintain the quality of service on the communication channel available. Regarding claim 5 the limitations of claim 5 are rejected in the same manner as analyzed above with respect to claim 18. Claim(s) 7, 13, 20 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US. Pub. 20200403731) in view of Chae et al. (US. Pub. 20210289380), further in view of Farag (US. Pub. 20230319849), further in view of Lee at al. (U.S. Pub. 20210336688), hereafter, “Lee688”. Regarding claim 20 Zhang, Chae and Farag does not specifically disclose, wherein the one or more processors are further configured to: apply a hidden node remediation when a block error ratio (BLER) associated with the sidelink channel fails to satisfy a BLER threshold para. 8, “a UE in a wireless communication system supporting a sidelink comprises the steps of configuring a beam failure recovery (BFR) parameter for each of a plurality of services on the basis of service attributes, and independently detecting a beam failure for at least one beam corresponding to each service on the basis of a block error ratio (BLER) threshold value”. Zhang, Chae, Farag and Lee688 are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee688 in the system of Zhang, Chae and Farag so the system can update the channel configuration according to changing transmission parameters. The motivation for doing so would have been to dynamically modify the communication parameters with variations of the channel conditions. Regarding claim 7, 13 and 26 the limitations of claim 7, 13 and 26 are rejected in the same manner as analyzed above with respect to claim 20. Claim(s) 10-11 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US. Pub. 20200403731) in view of Chae et al. (US. Pub. 20210289380), further in view of Farag (US. Pub. 20230319849), further in view of Lee at al. (U.S. Pub. 20210377956). Regarding claim 23 Zhang, Chae, Farag does not specifically disclose, wherein the one or more processors are further configured to: use the random selection to select other sidelink resources when an updated BLER associated with the sidelink channel satisfies is less than the BLER threshold. However, Lee teach, para. 146, “the CBR value of the current carrier does not exceed a second CBR threshold value (e.g., a type of hysteresis margin) related to an additionally configured specific PPPP, the UE may maintain the current carrier”. The Examiner notes the CBR parameter is used but condidering that Chae takes in consideration several parameters including BLER, it would be obvious to one with skill in the art to perform the same function using other parameter values; and transmit on the sidelink channel using the other sidelink resources para. 233, “FIG. 20 shows a method for transmitting, by a user equipment (UE), a sidelink service through one or more BWPs”. Zhang, Chae, Farag and Lee are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee in the system of Zhang, Chae, Farag so the system can update the channel configuration according to change on the variation of relevant parameters values. The motivation for doing so would have been to maintain the quality of service on the communication channel available. Regarding claim 24 Zhang, Chae, Farag does not specifically disclose, wherein the updated BLER is less than the BLER threshold based on a hysteresis value. However, Lee teach, “the CBR value of the current carrier does not exceed a second CBR threshold value (e.g., a type of hysteresis margin) related to an additionally configured specific PPPP, the UE may maintain the current carrier”, see para. 146. Zhang, Chae, Farag and Lee are analogous because they pertain to the field of wireless communication and, more specifically, to sidelink configuration parameters. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee in the system of Zhang, Chae, Farag so the system can update the channel configuration according to change on the variation of relevant parameters values. The motivation for doing so would have been to maintain the quality of service on the communication channel available. Regarding claims 10-11 the limitations of claims 10-11, respectively, are rejected in the same manner as analyzed above with respect to claims 23-24, respectively. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ko et al. (U.S. Pub. 20230389122) which disclose(s) method and device for reevaluating and preempting mode2 resource during SL DRX operation in NR V2X. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAUL RIVAS whose telephone number is (571)270–5590. The examiner can normally be reached on Monday – Friday, from 8:30am to 5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chi Pham can be reached on (571) 272–3179. 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing 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.R/ Examiner, Art Unit 2471 /SUJOY K KUNDU/ Supervisory Patent Examiner, Art Unit 2471
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Prosecution Timeline

Jun 23, 2022
Application Filed
Jun 15, 2024
Non-Final Rejection — §103
Aug 20, 2024
Interview Requested
Aug 30, 2024
Applicant Interview (Telephonic)
Sep 03, 2024
Examiner Interview Summary
Sep 11, 2024
Response Filed
Jan 10, 2025
Final Rejection — §103
Mar 03, 2025
Interview Requested
Mar 14, 2025
Examiner Interview Summary
Mar 14, 2025
Applicant Interview (Telephonic)
Mar 17, 2025
Response after Non-Final Action
Apr 15, 2025
Request for Continued Examination
Apr 23, 2025
Response after Non-Final Action
May 03, 2025
Non-Final Rejection — §103
Jul 25, 2025
Interview Requested
Jul 31, 2025
Applicant Interview (Telephonic)
Aug 02, 2025
Examiner Interview Summary
Aug 06, 2025
Response Filed
Sep 10, 2025
Final Rejection — §103
Nov 05, 2025
Interview Requested
Nov 17, 2025
Response after Non-Final Action
Jan 16, 2026
Request for Continued Examination
Jan 25, 2026
Response after Non-Final Action
Feb 07, 2026
Non-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
83%
Grant Probability
93%
With Interview (+10.0%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 471 resolved cases by this examiner. Grant probability derived from career allow rate.

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