Prosecution Insights
Last updated: April 19, 2026
Application No. 17/886,389

TRANSCEIVER AND CORRESPONDING METHOD

Non-Final OA §102§103§112
Filed
Aug 11, 2022
Examiner
MOORE JR, MICHAEL J
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
94%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
804 granted / 895 resolved
+31.8% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
25 currently pending
Career history
920
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
32.6%
-7.4% vs TC avg
§102
26.5%
-13.5% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 895 resolved cases

Office Action

§102 §103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/2/25 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 18 recites the limitation "the number of HARQ processes" in line 1. There is insufficient antecedent basis for this limitation in the claim. Current amendments made by Applicant to claims 15, 16, and 19 to obviate the claim rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, presented in the previous Office Action, are proper and have been entered. These particular rejections have been withdrawn. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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 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. Claim(s) 1 and 3-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ji et al. (U.S. 2018/0278382) (hereinafter “Ji”). Ji teaches all of the limitations of the specified claims with the reasoning that follows. Regarding claim 1, “a transceiver comprising one or more HARQ entities; wherein the transceiver is configured to transmit a first data portion by use of a sidelink at a first timeslot and to receive a corresponding feedback portion at a first subsequent timeslot within a resource pool using the one or more HARQ entities” is anticipated by the scheduling entity 400 shown in Figure 4 that includes a transceiver 410; where the transceiver further includes a HARQ entity 800 as shown in Figure 8, where the HARQ entity 800 performs HARQ operations including transmission of transport blocks (first data portion), retransmission of the transport blocks, and reception and processing of HARQ ACK/NACK signaling (feedback portion) as spoken of on page 9, paragraph [0084]; where the scheduled entities 500 may utilize sidelink signals for direct D2D communication as spoken of on page 5, paragraph [0049]; where a scheduled entity (e.g. a UE) utilizes a subset of a resource grid 304 (resource pool) to communicate with other entities as spoken of on page 6, paragraphs [0056]-[0057]; and where a number of timeslots N, N+1, N+2 (first timeslot, first subsequent timeslot), etc., are utilized for communication as shown in Figure 6. Lastly, “wherein the one or more HARQ entities are configured to determine a number of HARQ processes used for a communication with another sidelink transceiver based on transmission parameters, wherein the transmission parameters comprise feedback periodicity, minimum time gap between the first and subsequent time slots and/or a timeslot for the retransmission” is anticipated by a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]; where the maximum buffering time refers to the maximum time delay between the transmission of data by the transmitter and the transmission of the corresponding HARQ response (ACK/NACK) by the receiver (minimum time gap between the first and subsequent time slots) as spoken of on pages 10-11, paragraph [0092]. Regarding claim 3, “wherein the transmission parameters comprise one or more resource pool parameters, or parameters extracted from a resource pool configuration” is anticipated by a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time, and a slot duration (collectively resource pool parameters) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]. Regarding claim 4, “wherein the number of HARQ processes is determined on a roundtrip time of an entire HARQ process for one data portion” is anticipated by the HARQ entity 800 that maintains one or more HARQ processes 802 that each maintain a HARQ buffer for storing LLRs corresponding to received data transmissions as well as values indicating the number of transmissions that have taken place for PDUs or data currently stored in the HARQ buffer(s) (roundtrip time of entire HARQ process) as spoken of on pages 9-10, paragraph [0084]. Regarding claim 5, “wherein the one or more HARQ entities are configured to determine the number of HARQ processes used to identify a data portion for a communication with another sidelink transceiver” is anticipated by a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes, where the determined number of HARQ processes may be the maximum or optimal number of HARQ processes that may be utilized for wireless communication (data portion for communication) between a scheduling entity 400 and a scheduled entity 500 as spoken of on page 11, paragraph [0096]. Regarding claim 6, “wherein a number of data packets to be stored by the one or more HARQ entities depends on the number of HARQ processes” is anticipated by the HARQ entity 800 that maintains one or more HARQ processes 802 that each maintain a HARQ buffer for storing LLRs corresponding to received data transmissions (number of data packets) as well as values indicating the number of transmissions (number of data packets) that have taken place for PDUs or data currently stored in the HARQ buffer(s) as spoken of on pages 9-10, paragraph [0084]. Regarding claim 7, “wherein the number of HARQ processes is: limited by a predefined number; or is reduced up to a predefined number, when enabling dynamic determination of the number of HARQ processes based on the transmission parameter; or is limited to the minimum of a predefined number; or is limited by a predefined number, based on a transmission parameter” is anticipated by the scheduling entity that maintains one or more HARQ processes at a HARQ entity 800 up to a determined optimal number (predefined number) as spoken of on page 11, paragraph [0096]. Regarding claim 8, “wherein one or more HARQ entities are configured to dynamically adapt the number of HARQ processes; and/or to activate the determination or dynamic determination of the number of HARQ processes; or to dynamically adapt the number of HARQ processes; and/or to activate the determination or dynamic determination of the number of HARQ processes by configuration or as a part of the resource pool configuration” is anticipated by a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes (activate determination of number of HARQ processes) based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]. Regarding claim 9, “wherein the one or more HARQ entities are configured to buffer the first data portion and/or further data portions and/or to retransmit the first data portion or a further data portion upon a respective feedback portion indicating an incorrect receipt of the first data portion” is anticipated by the HARQ entity 800 that performs HARQ operations including transmission of transport blocks and, if necessary, retransmission of the transport blocks (first data portion) as spoken of on page 9, paragraph [0084]. Regarding claim 10, “wherein the retransmission of the first data portion is performed at a first retransmission time slot after the first subsequent timeslot” is anticipated by the retransmission of data 614 occurring in a timeslot following the timeslot N+1 in which a NACK 612 is transmitted as shown in Figure 6 and spoken of on page 9, paragraph [0081]. Regarding claim 11, “wherein the transceiver is configured to transmit a second data portion by use of a sidelink at a second timeslot and to receive a corresponding feedback portion at a second subsequent timeslot” is anticipated by the transmission of data 608 in a timeslot N+1 following the transmission of data 602 in a timeslot N and the reception of a corresponding ACK 618 in a timeslot N+2 as shown in Figure 6 and spoken of on page 9, paragraph [0081]. Regarding claim 12, “wherein the transceiver is configured to transmit a further first data portion by use of a further sidelink to another further transceiver and to receive a further corresponding feedback portion indicating the correct receipt or incorrect receipt of the further first data portion” is anticipated by the multiple scheduled entities 204 that may communicate via sidelink traffic 214 and sidelink control 216 as shown in Figure 2 and spoken of on page 5, paragraph [0049]. Regarding claim 13, “wherein in case the one or more HARQ entities comprise no available HARQ process an existing HARQ process is overwritten or flushed” is anticipated by the selection of a number of HARQ processes (overwriting of existing HARQ process) to avoid running out (e.g. buffer overflow) of HARQ buffers during communication as spoken of on page 11, paragraph [0093]. Regarding claim 14, “wherein a buffer to be overwritten or flushed is chosen by one or more of: Lowest priority of a packet, Source and/or destination ID, Cast type, Associated logical channel (LCH) or QoS flow, Age of a data portion, Remaining packet delay budget, Number of retransmissions, Buffer size, Transmission with many retransmissions; or wherein the transceiver is to delete a large packet to free-up more soft buffer” is anticipated by the selection of a number of HARQ processes to avoid running out (e.g. buffer overflow) of HARQ buffers (having buffer size) during communication as spoken of on page 11, paragraph [0093]. Regarding claim 15, “a further transceiver comprising one or more HARQ entities, wherein the further transceiver is configured to receive a first data portion by use of a sidelink at a first timeslot and to transmit a corresponding feedback portion at a first subsequent timeslot within a resource pool using the one or more HARQ entities” is anticipated by the scheduling entity 400 shown in Figure 4 that includes a transceiver 410 for communication with a scheduled entity 500 (further transceiver) shown in Figure 5; where the transceiver further includes a HARQ entity 800 as shown in Figure 8, where the HARQ entity 800 performs HARQ operations including transmission of transport blocks (first data portion), retransmission of the transport blocks, and reception and processing of HARQ ACK/NACK signaling (feedback portion) as spoken of on page 9, paragraph [0084]; where the scheduled entities 500 may utilize sidelink signals for direct D2D communication as spoken of on page 5, paragraph [0049]; where a scheduled entity (e.g. a UE) utilizes a subset of a resource grid 304 (resource pool) to communicate with other entities as spoken of on page 6, paragraphs [0056]-[0057]; and where a number of timeslots N, N+1, N+2 (first timeslot, first subsequent timeslot), etc., are utilized for communication as shown in Figure 6. Lastly, “wherein the one or more HARQ entities are configured to determine the number of the HARQ processes used for a communication with another sidelink transceiver based on transmission parameters or configured grant configuration as part of the transmission parameters; wherein the transmission parameters comprise feedback periodicity, minimum time gap between the first and subsequent time slots and/or a timeslot for a retransmission” is anticipated by a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]; where the maximum buffering time refers to the maximum time delay between the transmission of data by the transmitter and the transmission of the corresponding HARQ response (ACK/NACK) by the receiver (minimum time gap between the first and subsequent time slots) as spoken of on pages 10-11, paragraph [0092]. Regarding claim 16, “wherein the one or more HARQ entities are configured to analyze the received first data portion with regard to its correct/incorrect/complete/incomplete receipt in order to determine the corresponding feedback portion” is anticipated by the HARQ entity 800 that performs HARQ operations including combining and decoding (analyzing) of received transport blocks (received first data portion), and, if configured, generation and transmission of HARQ ACK/NACK signaling (corresponding feedback portion) as spoken of on page 9, paragraph [0084]. Regarding claim 17, “a system comprising at least a transceiver comprising one or more HARQ entities; wherein the transceiver is configured to transmit a first data portion by use of a sidelink at a first timeslot and to receive a corresponding feedback portion at a first subsequent timeslot within a resource pool using the one or more HARQ entities; wherein the one or more HARQ entities are configured to determine a number of HARQ processes used for a communication with another sidelink transceiver based on transmission parameters, wherein the transmission parameters comprise feedback periodicity, minimum time gap between the first and subsequent time slots and/or a timeslot for a retransmission” is anticipated by the scheduling entity 400 shown in Figure 4 that includes a transceiver 410; where the transceiver further includes a HARQ entity 800 as shown in Figure 8, where the HARQ entity 800 performs HARQ operations including transmission of transport blocks (first data portion), retransmission of the transport blocks, and reception and processing of HARQ ACK/NACK signaling (feedback portion) as spoken of on page 9, paragraph [0084]; where the scheduled entities 500 may utilize sidelink signals for direct D2D communication as spoken of on page 5, paragraph [0049]; where a scheduled entity (e.g. a UE) utilizes a subset of a resource grid 304 (resource pool) to communicate with other entities as spoken of on page 6, paragraphs [0056]-[0057]; and where a number of timeslots N, N+1, N+2 (first timeslot, first subsequent timeslot), etc., are utilized for communication as shown in Figure 6; as well as a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]; where the maximum buffering time refers to the maximum time delay between the transmission of data by the transmitter and the transmission of the corresponding HARQ response (ACK/NACK) by the receiver (minimum time gap between the first and subsequent time slots) as spoken of on pages 10-11, paragraph [0092]. Lastly, “a further transceiver comprising one or more HARQ entities, wherein the further transceiver is configured to receive a first data portion by use of a sidelink at a first timeslot and to transmit a corresponding feedback portion at a first subsequent timeslot within a resource pool using the one or more HARQ entities, wherein the one or more HARQ entities are configured to determine the number of the HARQ processes used for a communication with another sidelink transceiver based on transmission parameters or configured grant configuration as part of the transmission parameters; wherein the transmission parameters comprise feedback periodicity, minimum time gap between the first and subsequent time slots and/or a timeslot for the retransmission” is anticipated by the scheduling entity 400 shown in Figure 4 that includes a transceiver 410 for communication with a scheduled entity 500 (further transceiver) shown in Figure 5; where the transceiver further includes a HARQ entity 800 as shown in Figure 8, where the HARQ entity 800 performs HARQ operations including transmission of transport blocks (first data portion), retransmission of the transport blocks, and reception and processing of HARQ ACK/NACK signaling (feedback portion) as spoken of on page 9, paragraph [0084]; where the scheduled entities 500 may utilize sidelink signals for direct D2D communication as spoken of on page 5, paragraph [0049]; where a scheduled entity (e.g. a UE) utilizes a subset of a resource grid 304 (resource pool) to communicate with other entities as spoken of on page 6, paragraphs [0056]-[0057]; and where a number of timeslots N, N+1, N+2 (first timeslot, first subsequent timeslot), etc., are utilized for communication as shown in Figure 6; as well as a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]; where the maximum buffering time refers to the maximum time delay between the transmission of data by the transmitter and the transmission of the corresponding HARQ response (ACK/NACK) by the receiver (minimum time gap between the first and subsequent time slots) as spoken of on pages 10-11, paragraph [0092]. Regarding claim 18, “a method for determining the number of HARQ processes for a transceiver, wherein the transceiver is configured to transmit a first data portion by use of a sidelink at a first timeslot and to receive a corresponding feedback portion at a first subsequent timeslot within a resource pool using the one or more HARQ entities” is anticipated by the scheduling entity 400 shown in Figure 4 that includes a transceiver 410; where the transceiver further includes a HARQ entity 800 as shown in Figure 8, where the HARQ entity 800 performs HARQ operations including transmission of transport blocks (first data portion), retransmission of the transport blocks, and reception and processing of HARQ ACK/NACK signaling (feedback portion) as spoken of on page 9, paragraph [0084]; where the scheduled entities 500 may utilize sidelink signals for direct D2D communication as spoken of on page 5, paragraph [0049]; where a scheduled entity (e.g. a UE) utilizes a subset of a resource grid 304 (resource pool) to communicate with other entities as spoken of on page 6, paragraphs [0056]-[0057]; and where a number of timeslots N, N+1, N+2 (first timeslot, first subsequent timeslot), etc., are utilized for communication as shown in Figure 6. Lastly, “wherein the method comprises determining the number of HARQ processes used for a communication with another sidelink transceiver based on transmission parameters; wherein the transmission parameters comprise feedback periodicity, minimum time gap between the first and subsequent time slots and/or a timeslot for a retransmission” is anticipated by a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]; where the maximum buffering time refers to the maximum time delay between the transmission of data by the transmitter and the transmission of the corresponding HARQ response (ACK/NACK) by the receiver (minimum time gap between the first and subsequent time slots) as spoken of on pages 10-11, paragraph [0092]. Regarding claim 19, “a method for determining the number of HARQ processes for a further transceiver, wherein the further transceiver is configured to receive a first data portion by use of a sidelink at a first timeslot and to transmit a corresponding feedback portion (indicating the correct/incorrect receipt of the first data portion) at a first subsequent timeslot within a resource pool using the one or more HARQ entities” is anticipated by the scheduling entity 400 shown in Figure 4 that includes a transceiver 410 for communication with a scheduled entity 500 (further transceiver) shown in Figure 5; where the transceiver further includes a HARQ entity 800 as shown in Figure 8, where the HARQ entity 800 performs HARQ operations including transmission of transport blocks (first data portion), retransmission of the transport blocks, and reception and processing of HARQ ACK/NACK signaling (feedback portion) as spoken of on page 9, paragraph [0084]; where the scheduled entities 500 may utilize sidelink signals for direct D2D communication as spoken of on page 5, paragraph [0049]; where a scheduled entity (e.g. a UE) utilizes a subset of a resource grid 304 (resource pool) to communicate with other entities as spoken of on page 6, paragraphs [0056]-[0057]; and where a number of timeslots N, N+1, N+2 (first timeslot, first subsequent timeslot), etc., are utilized for communication as shown in Figure 6. Lastly, “determining the number of HARQ processes used for a communication with another sidelink transceiver based on transmission parameters; wherein the transmission parameters comprise feedback periodicity, minimum time gap between the first and subsequent time slots and/or a timeslot for a retransmission” is anticipated by a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]; where the maximum buffering time refers to the maximum time delay between the transmission of data by the transmitter and the transmission of the corresponding HARQ response (ACK/NACK) by the receiver (minimum time gap between the first and subsequent time slots) as spoken of on pages 10-11, paragraph [0092]. 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 (i.e., changing from AIA to pre-AIA ) 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. 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. Claim(s) 2 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Lee et al. (U.S. 2022/0337349) (hereinafter “Lee”). Regarding claim 2, Ji teaches claim 1 as described above. Ji does not explicitly teach “wherein the communication with another sidelink transceiver is identified using one or more of source id, destination id and/or cast type”. However, Lee teaches a method and device for managing HARQ processes in an NR V2X environment where a receiving UE determines an appropriate PSFCH resource (for sidelink feedback) by distinguishing between unicast or groupcast cast type as spoken of on page 14, paragraph [0172]. Given the above references, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the invention, to apply the PSFCH resource determination in relation to cast type as taught in Lee to the system of Ji in order to improve the HARQ feedback process by allocating feedback resources according to whether groupcast, unicast, and/or broadcast transmissions are received, thereby conserving resource overhead as spoken of on page 14, paragraph [0172] of Lee. Regarding claim 21, Ji teaches claim 1 as described above. Ji does not explicitly teach “wherein the sidelink comprises a PC5 sidelink and the feedback portion is transmitted on a Physical Sidelink Feedback Channel (PSFCH)”. However, Lee teaches a method and device for managing HARQ processes in an NR V2X environment where a V2X communication (sidelink) may be provided via a PC5 interface as spoken of on page 1, paragraph [0003]; and where a receiving UE may transmit a HARQ-ACK/NACK (feedback portion) on a PSFCH to acknowledge a corresponding transport block as spoken of on page 7, paragraphs [0114]-[0115]. Given the above references, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the invention, to apply the PC5 and PSFCH usage taught in Lee to the sidelink communication of Ji in order to provide a dedicated channel resource for communication of sidelink feedback in compliance with the 5G NR standard as spoken of on page 1, paragraphs [0003]-[0005] of Lee. Allowable Subject Matter Claims 20, 22, and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant's arguments filed 12/2/25 have been fully considered but they are not persuasive. Regarding claim 1, Applicant argues that Ji does not disclose sidelink HARQ process determination. Applicant also asserts that the HARQ process determination disclosed in paragraphs [0076]-[0110] of Ji is strictly limited to uplink/downlink HARQ between a scheduling entity such as an eNB or gNB and scheduled entities. Examiner respectfully disagrees. As stated in page 11, paragraph [0095] of Ji, the HARQ process determination method of Figure 10 may be carried out by the scheduling entity 400 of Figure 4 or scheduled entity 500 of Figure 5. Paragraph [0096] of Ji further describes at block 1002, an apparatus (e.g. a scheduling entity or UE) may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on the number of available HARQ buffers 407 or 507, a maximum buffering time, and a slot duration. Paragraph [0046] of Ji further describes that a UE may function as a scheduling entity, scheduling resources for one or more scheduled entities (e.g., one or more other UEs); where the UE may function as a scheduling entity in a device-to-device (D2D), peer-to-peer (P2P), or vehicle-to-vehicle (V2V) network. From the above, since Ji teaches that a UE may function as a scheduling entity for scheduling resources for one or more other UEs via a sidelink, and where the UE may implement the HARQ process determination method of Figure 10, it follows that Ji teaches embodiments using sidelink HARQ process determination as well as other embodiments using uplink/downlink HARQ process determination. Regarding claim 1, Applicant also argues that Ji fails to disclose “wherein the transmission parameters comprise feedback periodicity, minimum time gap between the first and subsequent time slots and/or a timeslot for a retransmission”. Applicant further asserts that claim 1 requires a network or configuration derived sidelink timing parameter, namely a minimum time gap between the first and subsequent time slot, rather than a buffering-limit parameter, and that a maximum permissibility delay does not anticipate or inherently disclose a minimum scheduled gap. Examiner respectfully disagrees. As provided in the previous Office Action and reiterated above, Ji teaches a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]; where the maximum buffering time refers to the maximum time delay between the transmission of data by the transmitter and the transmission of the corresponding HARQ response (ACK/NACK) by the receiver (minimum time gap between the first and subsequent time slots) as spoken of on pages 10-11, paragraph [0092]. Referring to the claim language of claim 1, “a first timeslot” is used to transmit “a first data portion” and “a first subsequent timeslot” is used to “receive a corresponding feedback portion”, where a “transmission parameter” may comprise “a minimum time gap between the first and subsequent time slots”. Examiner’s interpretation is that the minimum time gap is an interval of time between two time slots. From the above, since Ji describes that the maximum buffering time is a maximum time delay (interval of time) between the transmission of data by the transmitter (transmitting of first data portion at a first timeslot) and the transmission of corresponding HARQ response by the receiver (corresponding feedback portion at a first subsequent timeslot), the maximum buffering time corresponds to the “minimum time gap” as claimed. Regarding claim 1, Applicant also argues that the “slot duration” taught in Ji does not correspond to the claimed “timeslot for a retransmission”. Examiner respectfully disagrees. As provided in the previous Office Action and reiterated above, Ji teaches a number of timeslots N, N+1, N+2 (first timeslot, first subsequent timeslot), etc., that are utilized for communication as shown in Figure 6; as well as where a HARQ entity may perform HARQ operations including transport of transport blocks as well as retransmission of transport blocks as spoken of on page 9, paragraph [0084]. Ji also teaches a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time (minimum time gap), and a slot duration (a timeslot for a transmission/retransmission); where if the transmission is in slot N, the HARQ response (e.g. ACK/NACK) may be transmitted in the same slot or one or more slots after slot N as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]. From the above, it is maintained that the “slot duration” of Ji corresponds to the “timeslot for a retransmission” as claimed. Additionally, the above claim language is rather broad in that it does not clearly recite what portion of the network that the transmission parameters apply to. Rather, the above claim language recites that a transceiver comprising one or more HARQ entities uses transmission parameters to determine a number of HARQ processes. The claimed “transmission parameters” could reasonably include parameters relating to a network side or a UE/subscriber side of the network in a bi-directional communication system. Regarding claim 3, Applicant further argues that Ji does not teach “wherein the transmission parameters comprise one or more resource pool parameters, or parameters extracted from a resource pool configuration”. Applicant further asserts that the parameters taught in Ji are inconsistent with the well-established meaning of “resource pool” in the art. Examiner respectfully disagrees. As provided in the previous Office Action and reiterated above, Ji teaches a scheduling entity (e.g. a UE) that may utilize a HARQ block 442 or 542 to determine a determined number of HARQ processes based on a number of available HARQ buffers 407 or 507, a maximum buffering time, and a slot duration (collectively resource pool parameters) as shown in step 1002 of Figure 10 and spoken of on page 11, paragraph [0096]. Ji also teaches where a scheduled entity (e.g. a UE) utilizes a subset of a resource grid 304 (resource pool) to communicate with other entities as spoken of on page 6, paragraphs [0056]-[0057]. Using a broadest reasonable interpretation of the claim language, the above parameters of Ji correspond to resource pool parameters as a number of available buffers, a maximum buffering time, and a slot duration are all parameters related to communications resources (e.g. buffer memory resources, timeslot resources of communication channel(s)) of the communication system. Based on the above, it is maintained that Ji teaches the above limitation in question. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references considered relevant to this application are listed in the attached “Notice of References Cited” (PTO-892). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J. MOORE, JR., whose telephone number is (571)272-3168. The examiner can normally be reached M-F (9am-4pm). 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, Hassan A. Phillips can be reached at (571)272-3940. 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. /MICHAEL J MOORE JR/Primary Examiner, Art Unit 2467
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Prosecution Timeline

Aug 11, 2022
Application Filed
Oct 31, 2024
Non-Final Rejection — §102, §103, §112
Apr 03, 2025
Response Filed
Jul 01, 2025
Final Rejection — §102, §103, §112
Dec 02, 2025
Request for Continued Examination
Dec 10, 2025
Response after Non-Final Action
Jan 07, 2026
Non-Final Rejection — §102, §103, §112 (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

3-4
Expected OA Rounds
90%
Grant Probability
94%
With Interview (+4.6%)
2y 11m
Median Time to Grant
High
PTA Risk
Based on 895 resolved cases by this examiner. Grant probability derived from career allow rate.

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