Prosecution Insights
Last updated: May 29, 2026
Application No. 17/925,249

SELECTING A RETRANSMISSION MODE BASED ON A MINIMUM TIME DURATION

Non-Final OA §103
Filed
Nov 14, 2022
Priority
May 13, 2020 — provisional 63/024,425 +2 more
Examiner
NGUYEN, THUONG
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
LENOVO (SINGAPORE) PTE. LTD.
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
450 granted / 660 resolved
+10.2% vs TC avg
Strong +32% interview lift
Without
With
+32.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
36 currently pending
Career history
720
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
84.4%
+44.4% vs TC avg
§102
6.8%
-33.2% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 660 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. This action is responsive to the RCE filed on 12/5/25. Claim(s) 21, 23-33, 35-42 is/are presented for examination. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 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) 21-22, 24, 26-30, 32, 33-34, 26, 38 & 40-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev, U.S. Patent/Pub. No. US 2020/0220694 A1 in view of Belleschi, U.S. Patent/Pub. No. US 2021/0176751 A1, and further in view of He, US 2022/0377748 A1. As to claim 21, Khoryaev teaches an User Equipment device (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the UE to: determine a minimum time gap between a first resource for a first hybrid automatic repeat request (HARQ) transmission of a transport block (TB) (Khoryaev, page 7, paragraph 73-74; i.e., [0073] a minimum time gap between: a UE transmission using one of the sidelink resources and HARQ feedback corresponding to the UE transmission, or the HARQ feedback corresponding to the UE transmission and a next UE transmission using another of the sidelink resources; [0074] select a set of the sidelink resources to transmit a plurality of transmissions of a transport block (TB), selection of the set of the sidelink resources being independent of HARQ feedback round trip time associated with any of the plurality of transmissions) and a second resource for a second HARQ transmission of the TB, wherein the minimum time gap comprises a sum of: a first time to receive HARQ feedback; a second time to determine whether to perform retransmission of the TB (Khoryaev, page 3, paragraph 33; i.e., [0033] The design of sidelink resource selection for feedback based NR-V2X sidelink communication and UE behavior for HARQ feedback may involve the use of an enhanced sensing and resource selection scheme to accommodate the transmission of feedback for each sidelink transmission by the UE and/or enhanced UE behavior for HARQ feedback transmission while retaining principles of sensing and resource selection scheme designed for blind retransmissions ( e.g., broadcast communication without HARQ retransmissions)); a third time to perform the retransmission of the TB (Khoryaev, page 4, paragraph 41-42; i.e., [0041] sidelink resources (multiple sub-channels and slots for transmission of a TB). If there is no HARQ feedback activated, the UE may select any resources from candidate resources within resource selection window and transmit on all of the selected sidelink resources; [0042] a chain-based resource reservation in which the resource for future retransmission is selected immediately before the preceding (re )-transmission and also considered as a reserved); to select from the plurality of time-frequency resources, a set of sidelink (SL) resources for the retransmission of the TB based at least in part on the minimum time gap (Khoryaev, page 4, paragraph 43; i.e., [0043] a minimum time gap, N_sens_proc, may be introduced between blind retransmissions for the resource selection procedure. The minimum time gap may accommodate at least the Sidelink Control Information (SCI) processing time and sensing/resource selection decision time. The time gap may depend on UE implementation. In other embodiments, however, the time gap may be specified as a minimum value, e.g. 2, 3 slots). But Khoyaev failed to teach the claim limitation wherein cause a physical (PHY) layer to indicate, to a medium access control (MAC) layer prior to a transmission of the TB, a candidate resource set for the retransmission of the TB, the candidate resource set comprising a plurality of time-frequency resources determined based on a resource pool configuration; cause the MAC layer to select from the plurality of time-frequency resources, a set of sidelink (SL) resources for the retransmission of the TB based at least in part on the minimum time gap. However, Belleschi teaches the limitation wherein cause a physical (PHY) layer to indicate, to a medium access control (MAC) layer, a candidate resource set for the retransmission of the TB (Belleschi, page 4, paragraph 57; page 5, paragraph 58, 63-64; i.e., [0063] According to some embodiments, the PHY layer may also indicate whether the unsuccessful transmission is of transmission or retransmissions (i.e. 1st or 2nd transmission of same TB). [0064] For example, in considering that either all or none of the MAC PDUs initially selected by MAC can be transmitted by PHY, MAC may try to select a different set of carriers and/or timer/ frequency resources until all TBs are transmitted by PHY, in which case PHY will signal ACK); cause the MAC layer to select from the plurality of time-frequency resources, a set of sidelink (SL) resources for the retransmission of the TB (Belleschi, figure 5; page 4, paragraph 57; page 5, paragraph 58, 63-64; i.e., [0058] Additional actions in some embodiments also include MAC triggering carrier reselection and/or resource reselection for transmission of such TBs. For example, MAC may select again TBl and TB2 for transmission on carrier 1 and carrier 2 respectively for transmission of the sidelink transmission, and it may select another carrier (different from carrier 3) for transmission of TB3 still at time T2. Or in another alternative only resource reselection is triggered (i.e., MAC just selects another set of time/frequency resources for simultaneous transmission of TBl/TB2/TB3). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Khoyaev to substitute different layers from Belleschi for sidelink resource selection from Khoyaev to enable the direct communication (i.e., D2D) between proximal user equipments (UEs) such that the data does not need to go through a base station (eNB). (Belleschi, page 1, paragraph 2). However, He teaches the limitation wherein prior to a transmission of the TB, a candidate resource set for the retransmission of the TB, the candidate resource set comprising a plurality of time-frequency resources determined based on a resource pool configuration (He, page 4, paragraph 39; page 20, paragraph 146; i.e., [0039] Prior to transmitting the TB, in some embodiments, the Tx UE 104 is configured to determine one or more resources to be utilized for the transmission or retransmission of the TB over the sidelink 108. The embodiments described throughout the disclosure disclose UE autonomous selection where the Tx UE 104 is configured to choose/determine the one or more resources to be utilized for the transmission or retransmission of the TB. in some embodiments, the NR V2X supports reserving up to Nmax resources (identified as Nmax-ind in some embodiments) before each transmission of a TB. The candidate resource set comprises a set of candidate resources that may be utilized by the Tx UE 104 for the transmission of the TB. Further, the one or more resources comprise time frequency resources). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Khoyaev to substitute higher layer signaling from He for upper layer from Khoyaev to support unicast, groupcast and broadcast communication over the sidelink (He, page 1, paragraph 2). As to claim 24, Khoryaev-Belleschi-He teaches the UE as recited in claim 21, wherein the at least one processor is configured to cause the UE to select the first resource for the first HARQ transmission of the TB and the second resource for the second HARQ transmission of the TB based on the minimum time gap (Khoryaev, page 4, paragraph 43; i.e., [0043] a minimum time gap between: a UE transmission using one of the sidelink resources and HARQ feedback corresponding to the UE transmission, or the HARQ feedback corresponding to the UE transmission and a next UE transmission using another of the sidelink resources). As to claim 26, Khoryaev-Belleschi-He teaches the UE as recited in claim 21, wherein the at least one processor is configured to cause the UE to enable HARQ feedback for the TB and to perform resource selection in response to enabling the HARQ feedback (Khoryaev, page 3, paragraph 33; i.e., [0033] The design of sidelink resource selection for feedback based NR-V2X sidelink communication and UE behavior for HARQ feedback may involve the use of an enhanced sensing and resource selection scheme to accommodate the transmission of feedback for each sidelink transmission by the UE and/or enhanced UE behavior for HARQ feedback transmission while retaining principles of sensing and resource selection scheme designed for blind retransmissions). As to claim 27, Khoryaev-Belleschi-He teaches the UE as recited in claim 26, wherein to perform the resource selection, the at least one processor is configured to cause the UE to switch to a resource pool containing a Physical Sidelink Feedback Channel (PSFCH) resource (Khoryaev, page 3, paragraph 32; i.e., [0032] HARQ-ACK (Acknowledge) or HARQNACK (Non-Acknowledge) feedback for data transmitted in the Physical Sidelink Shared Channel (PSSCH) may be carried in the Sidelink Feedback Control Information (SFCI) format(s) via the Physical Sidelink Feedback Control Channel (PSFCH) in resource allocation). As to claim 28, Khoryaev-Belleschi-He teaches the UE as recited in claim 21, wherein the at least one processor is configured to cause the UE to select a retransmission mode based at least on part on the minimum time gap, wherein the retransmission mode comprises a blind retransmission mode or a HARQ feedback-based transmission (HFBT) mode (Khoryaev, page 3, paragraph 33; i.e., [0033] The design of sidelink resource selection for feedback based NR-V2X sidelink communication and UE behavior for HARQ feedback may involve the use of an enhanced sensing and resource selection scheme to accommodate the transmission of feedback for each sidelink transmission by the UE and/or enhanced UE behavior for HARQ feedback transmission while retaining principles of sensing and resource selection scheme designed for blind retransmissions). As to claim 29, Khoryaev-Belleschi-He teaches the UE as recited in claim 28, wherein the at least one processor is configured to cause the UE to select the retransmission mode further based on a pattern of blind retransmissions and HARQ feedback-based transmissions, wherein a first number of retransmissions are blind retransmissions and a second number of subsequent retransmissions are HARQ feedback-based transmissions (Khoryaev, page 5, paragraph 52; i.e., [0052] resource (re )-selection assumes that for transmission of each TB, the UE selects N sidelink resources for transmission. Each sidelink resource may be composed from multiple sub-channels and slots. In this case, resource selection may be performed before the first/initial transmission of a TB and may not change for subsequent retransmissions. One potential drawback of look-ahead based). As to claim 30, Khoryaev-Belleschi-He teaches the UE as recited in claim 28, wherein to select the retransmission mode, the at least one processor is configured to cause the UE to switch from the blind retransmission mode to the HFBT mode based on Channel State Information (CSI) or on a Channel Busy Ratio (CBR) of a SL channel, or both (Khoryaev, page 3, paragraph 32; i.e., [0032] a sidelink communication in NR-V2X. HARQ-ACK (Acknowledge) or HARQNACK (Non-Acknowledge) feedback for data transmitted in the Physical Sidelink Shared Channel (PSSCH) may be carried in the Sidelink Feedback Control Information (SFCI) format(s) via the Physical Sidelink Feedback Control Channel (PSFCH) in resource allocation). As to claim 32, Khoryaev-Belleschi-He teaches the UE as recited in claim 21, wherein the at least one processor is configured to cause the UE to: determine a number of blind retransmissions and a number of HARQ feedback- based transmissions to satisfy a reliability requirement (Khoryaev, page 3, paragraph 32; i.e., [0032] Independent of the type of application, Hybrid Automatic Repeat reQuest (HARQ) feedback and HARQ combining in the physical layer may be used to improve the link performance of a sidelink communication in NR-V2X. HARQ-ACK (Acknowledge) or HARQNACK (Non-Acknowledge) feedback for data transmitted in the Physical Sidelink Shared Channel (PSSCH) may be carried in the Sidelink Feedback Control Information (SFCI) format(s) via the Physical Sidelink Feedback Control Channel (PSFCH) in resource allocation); and decrease the number of blind retransmissions in response to a change in an channel congestion (Khoryaev, page 6, paragraph 64-66; i.e., [0064] When the PSFCH is configured periodically, not all slots may be the slots with an increased number of REs. n order to optimize for any combination of resource selection decision, the RV cycling sequence may provide combinations of RV2 followed by RV0 when initial transmission contains a PSFCH region and next retransmission does not contain a PSFCH region; [0065] In some embodiments, if the PSFCH is configured periodically with periodicity K>l, a UE may choose an RV cycling sequence where RV3 or RV2 is mapped to a slot(s) with a PSFCH region and RV0 is mapped to a slot(s) without a PSFCH region. [0066] Similarly, there may be cases when the PSCCH is either transmitted in a slot ( e.g., every initial transmission of a bundle)). Claim(s) 33 & 40 is/are directed to a system and method claims and they do not teach or further define over the limitations recited in claim(s) 21. Therefore, claim(s) 33 & 40 is/are also rejected for similar reasons set forth in claim(s) 21. Claim(s) 36 & 38 is/are directed to a system claims and they do not teach or further define over the limitations recited in claim(s) 24 & 27. Therefore, claim(s) 36 & 38 is/are also rejected for similar reasons set forth in claim(s) 24 & 27. Claim(s) 41 & 42 is/are directed to a system claims and they do not teach or further define over the limitations recited in claim(s) 28 & 32. Therefore, claim(s) 41 & 42 is/are also rejected for similar reasons set forth in claim(s) 28 & 32. Claim(s) 23, 25, 31, 35, 37 & 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev, U.S. Patent/Pub. No. US 2020/0220694 A1 in view of Belleschi, U.S. Patent/Pub. No. US 2021/0176751 A1, and He, US 2022/0377748 A1, and further in view of Koskela, U.S. Patent/Pub. No. US 2022/0110166 A1. As to claim 23, Khoryaev-Belleschi-He teaches the UE as recited in claim 22, wherein to determine the minimum time gap, the at least one processor is configured to cause the PHY layer to determine the minimum time gap (Khoryaev, page 4, paragraph 43; i.e., [0043] a minimum time gap, N_sens_proc, may be introduced between blind retransmissions for the resource selection procedure. The minimum time gap may accommodate at least the Sidelink Control Information (SCI) processing time and sensing/resource selection decision time. The time gap may depend on UE implementation. In other embodiments, however, the time gap may be specified as a minimum value, e.g. 2, 3 slots). But Khoryaev-Belleschi-He failed to teach the claim limitation wherein the at least one processor is configured to cause the PHY layer to indicate, to the MAC layer, one or more candidate time slots in which SL HARQ feedback is enabled for a retransmission attempt. However, Koskela teaches the limitation wherein the at least one processor is configured to cause the PHY layer to indicate, to the MAC layer, one or more candidate time slots in which SL HARQ feedback is enabled for a retransmission attempt (Koskela, page 1, paragraph 52-53; i.e., [0052] MAC layer implements a counter to count the BFI indications from the PHY layer. This counter may be supervised by a timer: each time MAC receives BFI indication from lower layer the timer is started; [0053] UE's PHY layer may provide candidate beam Ll-RSRP measurements to MAC layer. Network may configure UE with dedicated signaling resources (PRACH resources) that are candidate beam specific i.e. UE can indicate that a specific candidate). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Khoryaev-Belleschi-He to substitute random resource selection from Koskela for sidelink resource selection from Khoryaev-Belleschi-He to determine a beam failure instance (BFI) indication which is provided to higher layer (MAC) (Koskela, page 1, paragraph 5). As to claim 25, Khoryaev-Belleschi-He teaches the UE as recited in claim 24. But Khoryaev-Belleschi-He failed to teach the claim limitation wherein the at least one processor is configured to cause the UE to provide a Medium Access Control (MAC) layer configured to select the first resource and the second resource. However, Koskela teaches the limitation wherein the at least one processor is configured to cause the UE to provide a Medium Access Control (MAC) layer configured to select the first resource and the second resource (Koskela, page 1, paragraph 52-53; i.e., [0053] UE's PHY layer may provide candidate beam Ll-RSRP measurements to MAC layer. Network may configure UE with dedicated signaling resources (PRACH resources) that are candidate beam specific i.e. UE can indicate that a specific candidate). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Khoryaev-Belleschi-He to substitute random resource selection from Koskela for sidelink resource selection from Khoryaev-Belleschi-He to determine a beam failure instance (BFI) indication which is provided to higher layer (MAC) (Koskela, page 1, paragraph 5). As to claim 31, Khoryaev-Belleschi-He teaches the UE as recited in claim 21, wherein the bitmap of slots identifies enabled blind retransmissions and enabled HARQ feedback- based transmissions. But Khoryaev-Belleschi-He failed to teach the claim limitation wherein the at least one processor is configured to cause the UE to send a bitmap of slots from a medium access control (MAC) layer to a physical (PHY) layer. However, Koskela teaches the limitation wherein the at least one processor is configured to cause the UE to send a bitmap of slots from a medium access control (MAC) layer to a physical (PHY) layer (Koskela, page 1, paragraph 52-53; i.e., MAC layer implements a counter to count the BFI indications from the PHY layer. This counter may be supervised by a timer: each time MAC receives BFI indication from lower layer the timer is started; [0053] UE's PHY layer may provide candidate beam Ll-RSRP measurements to MAC layer. Network may configure UE with dedicated signaling resources (PRACH resources) that are candidate beam specific i.e. UE can indicate that a specific candidate). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Khoryaev-Belleschi-He to substitute random resource selection from Koskela for sidelink resource selection from Khoryaev-Belleschi-He to determine a beam failure instance (BFI) indication which is provided to higher layer (MAC) (Koskela, page 1, paragraph 5). Claim(s) 35, 37 & 39 is/are directed to a system claims and they do not teach or further define over the limitations recited in claim(s) 23, 25 & 31. Therefore, claim(s) 35, 37 & 39 is/are also rejected for similar reasons set forth in claim(s) 23, 25 & 31. Response to Arguments Applicant’s arguments with respect to claim(s) 21, 23-33, 35-42 has/have been considered but are moot in view of the new ground(s) of rejection. Applicant’s arguments include the failure of previously applied art to expressly disclose “prior to a transmission of the TB, a candidate resource set for the retransmission of the TB, the candidate resource set comprising a plurality of time-frequency resources determined based on a resource pool configuration” (see Applicant’s response, 12/5/25, page 10-11). It is evident from the detailed mappings found in the above rejection(s) that He disclosed this functionality (see He, page 4, paragraph 39; page 20, paragraph 146). Further, it is clear from the numerous teachings (previously and currently cited) that the provision for “prior to a transmission of the TB, a candidate resource set for the retransmission of the TB, the candidate resource set comprising a plurality of time-frequency resources determined based on a resource pool configuration” was widely implemented in the networking art. Thus, Applicant’s arguments drawn toward distinction of the claimed invention and the prior art teachings on this point are not considered persuasive. Listing of Relevant Arts Wu, U.S. Patent/Pub. No. US 20210289491 A1 discloses MAC layer, MAC PDU, PHY layer, retransmitting. Seidel, U.S. Patent/Pub. No. US 20210167897 A1 discloses PHY, MAC layer, retransmission, resource allocation. Contact Information The present application is being examined under the pre-AIA first to invent provisions. THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. 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. /THUONG NGUYEN/Primary Examiner, Art Unit 2416
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Prosecution Timeline

Show 8 earlier events
Jul 25, 2025
Response Filed
Oct 06, 2025
Final Rejection mailed — §103
Oct 25, 2025
Interview Requested
Nov 26, 2025
Interview Requested
Dec 05, 2025
Response after Non-Final Action
Jan 06, 2026
Request for Continued Examination
Jan 23, 2026
Response after Non-Final Action
Apr 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+32.0%)
4y 0m (~6m remaining)
Median Time to Grant
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