Prosecution Insights
Last updated: October 02, 2026
Application No. 18/106,951

METHOD AND APPARATUS FOR OBTAINING SENSING WINDOW, AND TERMINAL

Non-Final OA §102
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
5 (Non-Final)
81%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
657 granted / 814 resolved
+22.7% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
843
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
47.4%
+7.4% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 814 resolved cases

Office Action

§102
DETAILED ACTION Examiner acknowledges receipt of Applicant’s Request for Continued Examination (RCE) filed 7/31/2026 (and entering claims and remarks filed 7/17/2026). In the RCE, Applicant has amended claims 1, 19, and 20, and cancelled claims 14, 22, and 27. Claims 1, 11-13, 16, 17, 19-21, 24-26, 29, and 30 are currently pending. Response to Arguments Examiner has fully considered Applicant’s arguments, see page 8, filed 7/17/2026, with respect to the rejection of claims under 35 U.S.C. 112(b) and they are persuasive. Examiner has withdrawn the rejection of the claims under 35 U.S.C. 112(b). Examiner has fully considered Applicant's arguments, see pages 8-10, filed 7/17/2026, with respect to the rejection of claim under 35 U.S.C. 102 but they are not persuasive. On page 8, Applicant summarizes the prior art used in the previous rejection under 35 U.S.C. 102(a)(2) and asserts that the amended claims are not anticipated by Yoon. On page 9, Applicant identifies the last limitation (starting with “wherein”) as differing from Yoon. Applicant then summarizes portions of Yoon. Applicant then asserts that Yoon does not disclose determining sensing windows in the N positions immediately before the start of the resource selection window. Examiner first notes here that the claim does not require the N positions to be immediately before the start of the resource selection window, only that they precede a starting position of the resource selection window. (However, Examiner further notes that the bitmap appears to also discuss the “immediately” limitation (if it were to be added to the claims) because the bitmap is flexible and can include those bits immediately preceding the resource selection window.) As noted by Applicant, the rejection relies upon the bitmap of Yoon as disclosing these N positions. That is, N bits of the bitmap with a value of “1” in the bitmap indicate the N positions. These positions are clearly preceding the resource selection window as indicated throughout Yoon. In particular, see Figure 11 and [0181], which shows that the slots from which the partial sensing slots are selected [n-T0, n-Tproc,0] precede the resource selection window. Examiner notes that this interpretation is consistent with 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)”). On pages 9-10, Applicant argues that Yoon is silent about indicating “the number N” and references the “length” of positions as well as a “length of a consecutive sequence of positions”. Examiner notes that the claims do not disclose the limitation of “length” or of a “consecutive sequence of positions”. Rather, the claims requires that the sensing window is “in N positions preceding a starting position of the resource selection window”. The plurality of integers discussed by applicant identify the N k values that correspond to the N positions (which as discussed above precede the starting position of the resource selection window). Similar to the explanation in Applicant’s specification (see [0142] and [0145] discussed above), this value N can be determined based on a bitmap. As noted in the rejection, this bitmap is RRC configuration information as it is transmitted in upper layer signaling such as RRC. 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, 11-13, 16, 17, 19, 20-21, 24-26, 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 preconfigured value or configured value configured by a network (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); further, 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 a resource selection window disclosed throughout; see the abstract, which discloses “determining a selection window”); 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 a position of the first resource sensing window is: in N positions preceding a starting position of the resource selection window, 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; further, these N positions clearly precede a starting position of the resource selection window; for example, consider Figure 11 and [0181], which shows that the slots from which the partial sensing slots are selected [n-T0, n-Tproc,0] precede the resource selection window; as indicated in [0137], Yoon discloses that bitmaps are indicated via upper layer signaling such as RRC; the number of bits set to “1” in the bitmap is N and is determined from the bitmap (RRC 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 preconfigured value or configured value configured by a network (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); further, 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 a resource selection window (disclosed throughout; see the abstract, which discloses “determining a selection window”); 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 a position of the first resource sensing window is: in N positions preceding a starting position of the resource selection window, 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; further, these N positions clearly precede a starting position of the resource selection window; for example, consider Figure 11 and [0181], which shows that the slots from which the partial sensing slots are selected [n-T0, n-Tproc,0] precede the resource selection window; as indicated in [0137], Yoon discloses that bitmaps are indicated via upper layer signaling such as RRC; the number of bits set to “1” in the bitmap is N and is determined from the bitmap (RRC 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 preconfigured value or configured value configured by a network (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); further, 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 a resource selection window (disclosed throughout; see the abstract, which discloses “determining a selection window”); 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 a position of the first resource sensing window is: in N positions preceding a starting position of the resource selection window, 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; further, these N positions clearly precede a starting position of the resource selection window; for example, consider Figure 11 and [0181], which shows that the slots from which the partial sensing slots are selected [n-T0, n-Tproc,0] precede the resource selection window; as indicated in [0137], Yoon discloses that bitmaps are indicated via upper layer signaling such as RRC; the number of bits set to “1” in the bitmap is N and is determined from the bitmap (RRC 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 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 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 September 12, 2026
Read full office action

Prosecution Timeline

Show 5 earlier events
Dec 17, 2025
Response after Non-Final Action
Jan 30, 2026
Non-Final Rejection mailed — §102
Apr 27, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §102
Jul 17, 2026
Response after Non-Final Action
Jul 31, 2026
Request for Continued Examination
Aug 09, 2026
Response after Non-Final Action
Sep 15, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

5-6
Expected OA Rounds
81%
Grant Probability
96%
With Interview (+15.0%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 814 resolved cases by this examiner. Grant probability derived from career allowance rate.

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