Prosecution Insights
Last updated: May 29, 2026
Application No. 18/106,951

METHOD AND APPARATUS FOR OBTAINING SENSING WINDOW, AND TERMINAL

Non-Final OA §102§112
Filed
Feb 07, 2023
Priority
Aug 07, 2020 — CN 202010791656.5 +1 more
Examiner
SCHEIBEL, ROBERT C
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
4 (Non-Final)
81%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
645 granted / 800 resolved
+22.6% vs TC avg
Moderate +15% lift
Without
With
+14.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
20 currently pending
Career history
829
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
78.3%
+38.3% vs TC avg
§102
6.9%
-33.1% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 800 resolved cases

Office Action

§102 §112
DETAILED ACTION Examiner acknowledges receipt of Applicant’s amendment filed 4/27/2026. In the amendment, Applicant has amended claims 1, 14, 19, 20, 22, and 27. Claims 1, 11-14, 16, 17, 19-22, 24-27, and 29-30 are currently pending. Response to Arguments Examiner has fully considered Applicant's arguments, see page 9, filed 4/27/2026, with respect to the rejection of the claims under 35 U.S.C. 112(b) but they are not persuasive. Applicant argues that the amendment of “partial sensing stride” to “stride” makes the term clear. Examiner respectfully disagrees. The word stride (in the context of these claims) was the term that made the phrases “partial sensing stride” and the original “stride P” unclear. The specification does not appear to provide a specific definition for the intended meaning of this term. Examiner recommends replacing the word stride with more descriptive language (supported by the original disclosure) that clearly identifies the intended claim scope. Examiner has fully considered Applicant's arguments, see pages 9-11, filed 4/27/2026, with respect to the rejection of the claims under 35 U.S.C. 102 but they are not persuasive. Applicant first argues that Yoon does not disclose the limitation that the preset range is “between a starting position of a resource sensing window and a starting position of the resource selection window”. Examiner respectfully disagrees. This limitation requires only that the claimed range be located somewhere between the start of a sensing window and the start of a selection window. Clearly, a range for selecting the position of a first sensing window includes the start of the sensing window. Further, any range that ends before the start of the selection window meets the claim as written. Thus, Yoon anticipates the amended claim. Next, Applicant argues the limitation that the position of the first resource sensing window is the last N positions from the end of the preset range, wherein N is a value determined based on RRC configuration information is not disclosed by Yoon. Applicant first argues that Yoon does not “limit” the sensing window to only be the last N positions of the preset range. However, the claim does not require this to be the only possible configuration for the sensing window. Because in a particular configuration of the bitmap, Yoon can meet the requirements of the claim, the claim is anticipated by Yoon. The fact that the flexibility of the bitmap allows additional configurations does not change this anticipation. Applicant further argues that Yoon is silent regarding the number N being determined based on an RRC configuration. Examiner respectfully disagrees. If a bitmap (send in an RRC message) indicates three consecutive positions at the end of the preset range, then the number of consecutive positions (indicated by and determined from the bitmap) is also determined based on an RRC configuration. That is, the UE will determine the three consecutive positions to sense based on the RRC configuration that carried the bitmap. In summary, the scope of the claim language as currently written is broader than the scope described in Applicants remarks. If Applicant intends claim scope similar to that described in the remarks, the claims should be amended to clearly reflect this claim scope. 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. Claims 1, 11-17, and 19-30 are 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. Regarding claims 1, 19, and 20, the scope of the term “stride” is unclear. In the context of the claims, it appears to be a term specific to this application, however a specific definition of the meaning of this term does not appear to be present in the specification. Claims 11-17 and 21-30 depend from one of the above claims and are thus similarly indefinite. Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 11-14, 16, 17, 19, 20-22, 24-27, 29, and 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoon (US 2023/0156670). Regarding claim 1: Yoon discloses a method for obtaining a sensing window, performed by a terminal, comprising at least one of the following: determining a first resource sensing window according to at least one stride (disclosed throughout; for example, see [0196], which gives one example of obtaining a sensing window as “the UE may configure a sensing window that needs to be sensed based on the slot y among the determined Y slots, based on y-k*P”; thus, the first sensing window is based on at least one value of P (interpreted as the claimed stride P); note that P is also referred to using other names in Yoon, include a “resource reservation interval”, Prsvp_TX, Prsvp_RX (see [0181]-[182], for example)) and a resource selection window disclosed throughout; see the abstract, which discloses “determining a selection window”), wherein the at least one stride is configured by a network (disclosed throughout; first, see [0226], which indicates that “a periodicity value may be set as an arbitrary value through upper layer signaling based on an upper layer parameter ‘sl-ResourceReservePeriodList’”; further, as indicated throughout, the value of P (stride P) may be determined according to a periodicity value (see [0227]-[0228], for example, which disclose that these P values may be determined as in Table 12 to be one of the higher-layer allowed periodicity values or based on these periodicity values (a divisor or multiple value); see also [0235]); and performing resource exclusion with a first periodicity value as a periodicity value according to at least one of a sensing result in the first resource sensing window, wherein the first periodicity value is a periodicity value carried in sidelink control information received by the terminal in the first resource sensing window (disclosed throughout; see the abstract, for example, which discloses “excluding an overlapping resource through sensing in the determined sensing window”; see also [0212], which discloses “The UE may verify whether resources periodically reserved for transmission from the slot m based on the SCI received in the slot m and resources periodically reservable for transmission in the slot y and from the slot y overlap. Here, when the resource overlaps, the UE may exclude the corresponding resource.”; further, as indicated in [0227], the UE receives a first periodicity value in sidelink control information (SCI) – “the UE may determine a period to be used for actual data transmission based on the higher-layer-allowed periodicity value and may transmit the determined period to a UE that receives data through SCI”), wherein determining the first resource sensing window comprises: determining a position of the first resource sensing window within a preset range (disclosed throughout; see [0191], for example, which discloses “for arbitrary slot y that belongs to duration Y, slots corresponding to y-k*Pa may belong to a sensing window”; thus, the position of a first resource sensing window is determined (a slot corresponding to y-k*Pa) within a preset range (duration Y)), wherein the preset range is a range between a starting position of a resource sensing window and a starting position of the resource selection window (clearly, the range for determining a position of the sensing window is somewhere between the starting position of a resource sensing window and a starting position of the resource selection window; for example, consider Figure 16, which shows sensing windows that end at time n and start at the start of the sensing window; the starting position of the resource selection window is n+T1 in some cases; clearly the preset range (from the start of the sensing window to n) is between the start of the sensing window and n+T1 (the start of the selection window)), wherein the position of the first resource sensing window is: last N positions from the end of the preset range, wherein N is a value determined based on Radio Resource Control (RRC) configuration information (disclosed throughout; see [0191], which discloses at least that the some positions are indicated by a bitmap; clearly, a bitmap is flexible and can include the last N positions and these positions (when indicated in the bitmap) are determined according to configuration information; note that the broadest reasonable interpretation is based in part on Applicant’s specification, which in [0142] and [0145] indicate that “N is an actual quantity of the first resource sensing windows, or a predefined or preconfigured or configured value, or a value determined according to configuration information (for example, obtained according to bitmap indication)”). Regarding claim 19: Yoon discloses a terminal, comprising a processor (see processor 2270 of Figure 22, for example); and a memory having a computer program or an instruction stored thereon (see memory 2266 of Figure 22, for example), wherein the computer program or the instruction, when executed by the processor, causes the processor to implement a method for obtaining a sensing window (see [0324]-[0327], for example), comprising: determining a first resource sensing window according to at least one stride (disclosed throughout; for example, see [0196], which gives one example of obtaining a sensing window as “the UE may configure a sensing window that needs to be sensed based on the slot y among the determined Y slots, based on y-k*P”; thus, the first sensing window is based on at least one value of P (interpreted as the claimed stride P); note that P is also referred to using other names in Yoon, include a “resource reservation interval”, Prsvp_TX, Prsvp_RX (see [0181]-[182], for example)) and a resource selection window (disclosed throughout; see the abstract, which discloses “determining a selection window”), wherein the at least one stride is configured by a network (disclosed throughout; first, see [0226], which indicates that “a periodicity value may be set as an arbitrary value through upper layer signaling based on an upper layer parameter ‘sl-ResourceReservePeriodList’”; further, as indicated throughout, the value of P (stride P) may be determined according to a periodicity value (see [0227]-[0228], for example, which disclose that these P values may be determined as in Table 12 to be one of the higher-layer allowed periodicity values or based on these periodicity values (a divisor or multiple value); see also [0235]); and performing resource exclusion with a first periodicity value as a periodicity value according to at least one of a sensing result in the first resource sensing window, wherein the first periodicity value is a periodicity value carried in sidelink control information received by the terminal in the first resource sensing window (disclosed throughout; see the abstract, for example, which discloses “excluding an overlapping resource through sensing in the determined sensing window”; see also [0212], which discloses “The UE may verify whether resources periodically reserved for transmission from the slot m based on the SCI received in the slot m and resources periodically reservable for transmission in the slot y and from the slot y overlap. Here, when the resource overlaps, the UE may exclude the corresponding resource.”; further, as indicated in [0227], the UE receives a first periodicity value in sidelink control information (SCI) – “the UE may determine a period to be used for actual data transmission based on the higher-layer-allowed periodicity value and may transmit the determined period to a UE that receives data through SCI”), wherein determining the first resource sensing window comprises: determining a position of the first resource sensing window within a preset range (disclosed throughout; see [0191], for example, which discloses “for arbitrary slot y that belongs to duration Y, slots corresponding to y-k*Pa may belong to a sensing window”; thus, the position of a first resource sensing window is determined (a slot corresponding to y-k*Pa) within a preset range (duration Y)), wherein the preset range is a range between a starting position of a resource sensing window and a starting position of the resource selection window (clearly, the range for determining a position of the sensing window is somewhere between the starting position of a resource sensing window and a starting position of the resource selection window; for example, consider Figure 16, which shows sensing windows that end at time n and start at the start of the sensing window; the starting position of the resource selection window is n+T1 in some cases; clearly the preset range (from the start of the sensing window to n) is between the start of the sensing window and n+T1 (the start of the selection window)), wherein the position of the first resource sensing window is: last N positions from the end of the preset range, wherein N is a value determined based on Radio Resource Control (RRC) configuration information (disclosed throughout; see [0191], which discloses at least that the some positions are indicated by a bitmap; clearly, a bitmap is flexible and can include the last N positions and these positions (when indicated in the bitmap) are determined according to configuration information; note that the broadest reasonable interpretation is based in part on Applicant’s specification, which in [0142] and [0145] indicate that “N is an actual quantity of the first resource sensing windows, or a predefined or preconfigured or configured value, or a value determined according to configuration information (for example, obtained according to bitmap indication)”). Regarding claim 20: Yoon discloses a non-transitory computer-readable storage medium, storing a computer program or an instruction that, when executed by a processor, causes the processor to implement a method for obtaining a sensing window (see processor 2270 and memory 2266 of Figure 22 as well as [0324]-[0327], for example), comprising: determining a first resource sensing window according to at least one stride (disclosed throughout; for example, see [0196], which gives one example of obtaining a sensing window as “the UE may configure a sensing window that needs to be sensed based on the slot y among the determined Y slots, based on y-k*P”; thus, the first sensing window is based on at least one value of P (interpreted as the claimed stride P); note that P is also referred to using other names in Yoon, include a “resource reservation interval”, Prsvp_TX, Prsvp_RX (see [0181]-[182], for example)), and a resource selection window (disclosed throughout; see the abstract, which discloses “determining a selection window”), wherein the at least one stride is configured by a network (disclosed throughout; first, see [0226], which indicates that “a periodicity value may be set as an arbitrary value through upper layer signaling based on an upper layer parameter ‘sl-ResourceReservePeriodList’”; further, as indicated throughout, the value of P (stride P) may be determined according to a periodicity value (see [0227]-[0228], for example, which disclose that these P values may be determined as in Table 12 to be one of the higher-layer allowed periodicity values or based on these periodicity values (a divisor or multiple value); see also [0235]); and performing resource exclusion with a first periodicity value as a periodicity value according to at least one of a sensing result in the first resource sensing window, wherein the first periodicity value is a periodicity value carried in sidelink control information received by the terminal in the first resource sensing window (disclosed throughout; see the abstract, for example, which discloses “excluding an overlapping resource through sensing in the determined sensing window”; see also [0212], which discloses “The UE may verify whether resources periodically reserved for transmission from the slot m based on the SCI received in the slot m and resources periodically reservable for transmission in the slot y and from the slot y overlap. Here, when the resource overlaps, the UE may exclude the corresponding resource.”; further, as indicated in [0227], the UE receives a first periodicity value in sidelink control information (SCI) – “the UE may determine a period to be used for actual data transmission based on the higher-layer-allowed periodicity value and may transmit the determined period to a UE that receives data through SCI”), wherein determining the first resource sensing window comprises: determining a position of the first resource sensing window within a preset range (disclosed throughout; see [0191], for example, which discloses “for arbitrary slot y that belongs to duration Y, slots corresponding to y-k*Pa may belong to a sensing window”; thus, the position of a first resource sensing window is determined (a slot corresponding to y-k*Pa) within a preset range (duration Y)), wherein the preset range is a range between a starting position of a resource sensing window and a starting position of the resource selection window (clearly, the range for determining a position of the sensing window is somewhere between the starting position of a resource sensing window and a starting position of the resource selection window; for example, consider Figure 16, which shows sensing windows that end at time n and start at the start of the sensing window; the starting position of the resource selection window is n+T1 in some cases; clearly the preset range (from the start of the sensing window to n) is between the start of the sensing window and n+T1 (the start of the selection window)), wherein the position of the first resource sensing window is: last N positions from the end of the preset range, wherein N is a value determined based on Radio Resource Control (RRC) configuration information (disclosed throughout; see [0191], which discloses at least that the some positions are indicated by a bitmap; clearly, a bitmap is flexible and can include the last N positions and these positions (when indicated in the bitmap) are determined according to configuration information; note that the broadest reasonable interpretation is based in part on Applicant’s specification, which in [0142] and [0145] indicate that “N is an actual quantity of the first resource sensing windows, or a predefined or preconfigured or configured value, or a value determined according to configuration information (for example, obtained according to bitmap indication)”). Regarding claims 11, 21, and 26: Yoon discloses the limitations of wherein the first resource sensing window comprises at least one first resource sensing window, and the method further comprises at least one of the following: determining the quantity of the at least one first resource sensing window; or determining positions of the at least one first resource sensing window (disclosed throughout; see [0191], for example, which discloses that the quantity and position of the (at least one) sensing windows y are determined using a bitmap; in the example, up to 10 slots/sending windows may be optionally selected (where 10 is determined from T0/Pa) and in this case five windows are selected at the positions indicated by k=1, 2, 5, 8, and 10). Regarding claim 12: Yoon discloses the limitations that wherein the quantity of the at least one first resource sensing window is related to a configured quantity (disclosed throughout; see [0191], for example, which discloses that the quantity and position of the sensing windows y are determined using a bitmap; in the example, up to 10 slots/sending windows may be optionally selected (where 10 is determined from T0/Pa) and in this case five windows are selected at the positions indicated by k=1, 2, 5, 8, and 10; thus, the quantity of the first resource sensing windows is related to at least T0 and the stride P as well as a configured quantity). Regarding claim 13: Yoon discloses the limitations of the quantity of the at least one first resource sensing window comprises at least one of the following: (T1+t0)/P; (T1min+t0)/P; (T2+T0)/P; (T2max+T0)/P; T0/P; (T0- TSLproc,0)/P; (T0+ TSLproc,0 - 100)/P; (T1+T0-100)/P; (T1min+T0-100)/P; (T2+T0-100)/P; (T2max+T0-100)/P; (T0-100)/P; (T0- TSLproc,0 - 100)/P; (T0+ TSLproc,1 - 100)/P; or a predefined or pre-configured or configured quantity (disclosed throughout; see [0191], for example, which discloses that the quantity and position of the sensing windows y are determined using a bitmap; in the example, up to 10 slots/sending windows may be optionally selected (where 10 is determined from T0/Pa) and in this case five windows are selected at the positions indicated by k=1, 2, 5, 8, and 10; thus, the quantity of the first resource sensing windows comprises at least T0/P as well as a predefined or pre-configured or configured quantity). Regarding claims 14, 22, and 27: Yoon discloses the limitations of the determining positions of the first resource sensing windows comprises: determining the positions of the at least one first resource sensing window as: some or all positions meeting Y-j*P within the preset range, wherein Y is a resource in the resource selection window of the terminal, j is a value obtained according to a configured parameter, and P is the at least one stride (disclosed throughout; see [0191], for example, which discloses “for arbitrary slot y that belongs to duration Y, slots corresponding to y-k*Pa may belong to a sensing window”). Regarding claims 16, 24, and 29: Yoon discloses the limitations of performing the resource exclusion with a first stride as a periodicity value according to at least one of a sensing result in the first resource sensing window, wherein the first stride is a stride corresponding to the periodicity value carried in the sidelink control information received by the terminal in the first resource sensing window (disclosed throughout; see the abstract, for example, which discloses “excluding an overlapping resource through sensing in the determined sensing window”; see also [0212], which discloses “The UE may verify whether resources periodically reserved for transmission from the slot m based on the SCI received in the slot m and resources periodically reservable for transmission in the slot y and from the slot y overlap. Here, when the resource overlaps, the UE may exclude the corresponding resource.”; further, as indicated in [0227], the UE receives a first periodicity value in sidelink control information (SCI) – “the UE may determine a period to be used for actual data transmission based on the higher-layer-allowed periodicity value and may transmit the determined period to a UE that receives data through SCI”). Regarding claims 17, 25, and 30: Yoon discloses the limitations of a value of a quantity of excluded resources is Q, wherein Q is one of the following: Q is equal to 1; Q is equal to ceil (P/periodicity value T), wherein the ceil is a rounding-up operation, and the periodicity value T is not 0; Q is equal to floor (P/periodicity value T), wherein the floor is a rounding-down operation, and the periodicity value T is not 0; or Q is equal to round (P/periodicity value T), wherein the round is a rounding operation, the periodicity value T is not 0, and P is a sensing stride corresponding to the periodicity value T (disclosed throughout; see [0283], for example, which states “Q is calculated according to Equation 7, and otherwise, Q=l”). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert C Scheibel whose telephone number is (571)272-3169. The examiner can normally be reached Monday-Friday 8:00 AM - 5:00 PM. 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. Robert C. Scheibel Primary Examiner Art Unit 2467 /Robert C Scheibel/Primary Examiner, Art Unit 2467 May 14, 2026
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Prosecution Timeline

Show 1 earlier event
May 14, 2025
Non-Final Rejection mailed — §102, §112
Aug 14, 2025
Response Filed
Sep 03, 2025
Final Rejection mailed — §102, §112
Dec 03, 2025
Request for Continued Examination
Dec 17, 2025
Response after Non-Final Action
Jan 30, 2026
Non-Final Rejection mailed — §102, §112
Apr 27, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §102, §112 (current)

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Expected OA Rounds
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