Prosecution Insights
Last updated: April 19, 2026
Application No. 18/157,331

METHOD AND APPARATUS FOR DETERMINING TARGET RESOURCE TYPE, AND COMMUNICATION DEVICE

Non-Final OA §103
Filed
Jan 20, 2023
Examiner
NGUYEN, THE HY
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
230 granted / 312 resolved
+15.7% vs TC avg
Strong +33% interview lift
Without
With
+33.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
33 currently pending
Career history
345
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 312 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/03/2025 has been entered. Response to Arguments Applicant’s reply with the certified English translation filed 10/20/2025 for the instant application has been acknowledged. Therefore, the benefit accords to the foreign application, CN202010733275.1, with filing date 07/27/2020. Applicant’s remarks filed 10/20/2025 with respect to allowable subject matter for claim(s) 7-10, 17-19, and 26 made on 08/29/2025 have been noted. Applicant's arguments filed 10/20/2025 with respect to claim(s) 1, 11, and 20 have been considered but are moot in view of the new ground(s) of rejection under 103 as being unpatentable over Liu et al. (US 2022/0394679 A1) in view of Choi et al. (US 2023/0276411 A1). Allowable Subject Matter Claim(s) 7-10, 17-19, and 26 is/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. 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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-3, 11-13, and 20-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2022/0394679 A1) in view of Choi et al. (US 2023/0276411 A1). Regarding claim 1, Liu discloses A method for determining a target resource type, performed by a child integrated access backhaul (IAB) node and comprising (Fig. 9, [0188]: IAB node considers availability of a soft resource): based on being connected to at least two parent IAB nodes, determining the target resource type according to resource type indication information received from at least one of the parent IAB nodes (Fig. 9, [0187]-[0188]: IAB node is connected to a first parent node and receives first configuration information, and a second parent node and receives second configuration information. The first and second configuration information indicate resource types, i.e., soft, hard, and/or unavailable, of the DU of the IAB node. Both parent nodes also send, to the IAB node, dynamic resource indication DCI that are based on the DU resource type, i.e., soft resource, corresponding to the parent nodes. The IAB node considers that the availability of a soft resource in the DU resource types indicated by the first and second configuration information is indicated by the DCI sent by the first and second parent nodes, or the IAB nodes considers that the dynamic resource indication DCI sent by the first and second parent nodes indicates only availability of a soft resource indicated by the first and second configuration information. [0190]: IAB node determines an actual resource type of the DU based on both the first and second configuration information); wherein the determining the target resource type according to resource type indication information received from at least one of the parent IAB nodes comprises (see above mapping): processing the resource type indication information according to a preset processing rule to determine the target resource type ([0190]: IAB node determines an actual resource type of the DU based on both the first and second configuration information. [0191]-[0195], table 2: a protocol defines an actual resource type by combining resource types); wherein the processing the resource type indication information according to the preset processing rule to determine the target resource type comprises (see above mapping): Liu does not disclose, but Choi discloses based on resource overlap between resources of a child IAB distributed unit (DU), indicated as available by the resource type indication information received from one of the at least two parent IAB nodes, and resources for child IAB mobile termination (MT) transmission, scheduled by scheduling information received from another of the at least two parent IAB nodes, determining a resource type of an overlapping resource according to the scheduling information ([0127]: transmission and reception of the DU and transmission and reception of the MT of the IAB node #1 904 may conflict with each other when…the indication or scheduling from the parent IAB node #1 902 or the parent IAB node #2 903 connected to the IAB node #1 904 by dual connectivity. [0129]: When the resource type of the DU of the IAB node #1 904 is soft, the DU of the IAB node #1 904 may perform transmission or reception when at least one of conditions 1, 2 or 3 below is satisfied with respect to the half-duplex constraint. [0132]: (Condition 3) The MT of the IAB node #1 904 receives, from at least one parent IAB node, indication that a soft resource is available for the DU of the IAB node #1 904. [0133] When the resource type of the DU of the IAB node #1 904 is NA, i.e., unavailable, for half-duplex constraint, the DU of the IAB node #1 904 does not perform transmission or reception. In this case, if schedulings conflict between parent IAB nodes, the MT of the IAB node #1 904 may prioritize scheduling from a parent IAB node that is included in the MCG. That is, the MT of the IAB node #1 904 may perform transmission or reception according to the scheduling from the parent IAB node included in the MCG, and may ignore the scheduling from the SCG when the scheduling from a parent IAB node included in the SCG cannot satisfy the half-duplex constraint). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the IAB node, as taught by Liu, to prioritize the scheduling from a parent node included in the MCG over the scheduling from a parent node in the SCG when there is a conflict between transmissions and receptions of the DU and the MT, where the indication indicates a soft resource is available for the DU, as taught by Choi. Doing so allows the IAB node to perform transmission or reception according to the scheduling from the MCG when the scheduling from the SCG cannot satisfy the half-duplex constraint (Choi: [0133]). Regarding claim 11, Liu discloses A communication device, comprising (Fig. 16: communication apparatus 1600): a processor (Fig 16: processor 1610); and a memory storing a program or instruction that is executable on the processor, wherein the program or instruction, when executed by the processor, causes the communication device to perform the following steps (Fig. 16, [0262]: memory 1630 storing instructions executed by processor 1610): based on being connected to at least two parent integrated access back (IAB) nodes, determining the target resource type according to resource type indication information received from at least one of the parent IAB nodes (Fig. 9, [0187]-[0188]: IAB node is connected to a first parent node and receives first configuration information, and a second parent node and receives second configuration information. The first and second configuration information indicate resource types, i.e., soft, hard, and/or unavailable, of the DU of the IAB node. Both parent nodes also send, to the IAB node, dynamic resource indication DCI that are based on the DU resource type, i.e., soft resource, corresponding to the parent nodes. The IAB node considers that the availability of a soft resource in the DU resource types indicated by the first and second configuration information is indicated by the DCI sent by the first and second parent nodes, or the IAB nodes considers that the dynamic resource indication DCI sent by the first and second parent nodes indicates only availability of a soft resource indicated by the first and second configuration information. [0190]: IAB node determines an actual resource type of the DU based on both the first and second configuration information); wherein the determining the target resource type according to resource type indication information received from at least one of the parent IAB nodes comprises (see above mapping): processing the resource type indication information according to a preset processing rule to determine the target resource type ([0190]: IAB node determines an actual resource type of the DU based on both the first and second configuration information. [0191]-[0195], table 2: a protocol defines an actual resource type by combining resource types); wherein the processing the resource type indication information according to the preset processing rule to determine the target resource type comprises (see above mapping): Liu does not disclose, but Choi discloses based on resource overlap between resources of a child IAB distributed unit (DU), indicated as available by the resource type indication information received from one of the at least two parent IAB nodes, and resources for child IAB mobile termination (MT) transmission, scheduled by scheduling information received from another of the at least two parent IAB nodes, determining a resource type of an overlapping resource according to the scheduling information ([0127]: transmission and reception of the DU and transmission and reception of the MT of the IAB node #1 904 may conflict with each other when…the indication or scheduling from the parent IAB node #1 902 or the parent IAB node #2 903 connected to the IAB node #1 904 by dual connectivity. [0129]: When the resource type of the DU of the IAB node #1 904 is soft, the DU of the IAB node #1 904 may perform transmission or reception when at least one of conditions 1, 2 or 3 below is satisfied with respect to the half-duplex constraint. [0132]: (Condition 3) The MT of the IAB node #1 904 receives, from at least one parent IAB node, indication that a soft resource is available for the DU of the IAB node #1 904. [0133] When the resource type of the DU of the IAB node #1 904 is NA, i.e., unavailable, for half-duplex constraint, the DU of the IAB node #1 904 does not perform transmission or reception. In this case, if schedulings conflict between parent IAB nodes, the MT of the IAB node #1 904 may prioritize scheduling from a parent IAB node that is included in the MCG. That is, the MT of the IAB node #1 904 may perform transmission or reception according to the scheduling from the parent IAB node included in the MCG, and may ignore the scheduling from the SCG when the scheduling from a parent IAB node included in the SCG cannot satisfy the half-duplex constraint). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the IAB node, as taught by Liu, to prioritize the scheduling from a parent node included in the MCG over the scheduling from a parent node in the SCG when there is a conflict between transmissions and receptions of the DU and the MT, where the indication indicates a soft resource is available for the DU, as taught by Choi. Doing so allows the IAB node to perform transmission or reception according to the scheduling from the MCG when the scheduling from the SCG cannot satisfy the half-duplex constraint (Choi: [0133]). Regarding claim 20, Liu discloses A non-transitory readable storage medium storing a program or instruction, wherein the program or instruction, when executed by a processor, performs the following steps (Fig. 16, [0262]: memory 1630 storing instructions executed by processor 1610): based on being connected to at least two parent integrated access backhaul (IAB) nodes, determining the target resource type according to resource type indication information received from at least one of the parent IAB nodes (Fig. 9, [0187]-[0188]: IAB node is connected to a first parent node and receives first configuration information, and a second parent node and receives second configuration information. The first and second configuration information indicate resource types, i.e., soft, hard, and/or unavailable, of the DU of the IAB node. Both parent nodes also send, to the IAB node, dynamic resource indication DCI that are based on the DU resource type, i.e., soft resource, corresponding to the parent nodes. The IAB node considers that the availability of a soft resource in the DU resource types indicated by the first and second configuration information is indicated by the DCI sent by the first and second parent nodes, or the IAB nodes considers that the dynamic resource indication DCI sent by the first and second parent nodes indicates only availability of a soft resource indicated by the first and second configuration information. [0190]: IAB node determines an actual resource type of the DU based on both the first and second configuration information); wherein the determining the target resource type according to resource type indication information received from at least one of the parent IAB nodes comprises (see above mapping): processing the resource type indication information according to a preset processing rule to determine the target resource type ([0190]: IAB node determines an actual resource type of the DU based on both the first and second configuration information. [0191]-[0195], table 2: a protocol defines an actual resource type by combining resource types); wherein the processing the resource type indication information according to the preset processing rule to determine the target resource type comprises (see above mapping): Liu does not disclose, but Choi discloses based on resource overlap between resources of a child IAB distributed unit (DU), indicated as available by the resource type indication information received from one of the at least two parent IAB nodes, and resources for child IAB mobile termination (MT) transmission, scheduled by scheduling information received from another of the at least two parent IAB nodes, determining a resource type of an overlapping resource according to the scheduling information ([0127]: transmission and reception of the DU and transmission and reception of the MT of the IAB node #1 904 may conflict with each other when…the indication or scheduling from the parent IAB node #1 902 or the parent IAB node #2 903 connected to the IAB node #1 904 by dual connectivity. [0129]: When the resource type of the DU of the IAB node #1 904 is soft, the DU of the IAB node #1 904 may perform transmission or reception when at least one of conditions 1, 2 or 3 below is satisfied with respect to the half-duplex constraint. [0132]: (Condition 3) The MT of the IAB node #1 904 receives, from at least one parent IAB node, indication that a soft resource is available for the DU of the IAB node #1 904. [0133] When the resource type of the DU of the IAB node #1 904 is NA, i.e., unavailable, for half-duplex constraint, the DU of the IAB node #1 904 does not perform transmission or reception. In this case, if schedulings conflict between parent IAB nodes, the MT of the IAB node #1 904 may prioritize scheduling from a parent IAB node that is included in the MCG. That is, the MT of the IAB node #1 904 may perform transmission or reception according to the scheduling from the parent IAB node included in the MCG, and may ignore the scheduling from the SCG when the scheduling from a parent IAB node included in the SCG cannot satisfy the half-duplex constraint). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the IAB node, as taught by Liu, to prioritize the scheduling from a parent node included in the MCG over the scheduling from a parent node in the SCG when there is a conflict between transmissions and receptions of the DU and the MT, where the indication indicates a soft resource is available for the DU, as taught by Choi. Doing so allows the IAB node to perform transmission or reception according to the scheduling from the MCG when the scheduling from the SCG cannot satisfy the half-duplex constraint (Choi: [0133]). Regarding claim(s) 2, 12, 24, Liu in view of Choi discloses all features of claim(s) 1, 11, 20 as outlined above. Liu discloses wherein the determining the target resource type according to the resource type indication information received from the at least one of the parent IAB nodes comprises: performing as scheduled by master cell group (MCG) (Fig. 9, [0187]-[0188]: IAB node communicates with the first parent node in slot 1 which is a soft resource scheduled by the first parent node. [0236]: the first parent node is referred to as an MCG). Regarding claim(s) 3, 13, 25, Liu in view of Choi discloses all features of claim(s) 1, 11, 20 as outlined above. Liu discloses wherein the determining the target resource type according to the resource type indication information received from at least the one of the parent IAB nodes further comprises at least one of the following: determining the target resource type according to a first configuration manner of resource types and the resource type indication information, wherein in the first configuration manner of the resource types, configured objects of the resource types are a first configured object and a second configured object, wherein the first configured object is a MT cell or a MT cell group, and the second configured object is a DU cell corresponding to the MT cell or the MT cell group (Fig. 9: MT of an IAB node and DU of the IAB node show the resource types for the first to fourth time domain resources); or determining the target resource type based on the resource type indication information and an obtained limiting condition ([0194]-[0195], [0197], table 2: determine the actual resource type based on combining the first configuration information and the second configuration information according to a protocol shown in table 2). Regarding claim(s) 21, 22, 23, Liu in view of Choi discloses all features of claim(s) 1, 11, 20 as outlined above. Liu discloses wherein the target resource type is a Hard type, wherein a resource of the Hard type is a resource available to IAB DU ([0191]: the second time domain resource is actually a hard resource for the DU which is an available resource for the IAB node). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-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, Joseph Avellino, can be reached on (571) 272-3905. 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. /THE HY NGUYEN/Primary Examiner, Art Unit 2478 TheHy.Nguyen@USPTO.gov
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Prosecution Timeline

Jan 20, 2023
Application Filed
Apr 29, 2025
Non-Final Rejection — §103
Jul 24, 2025
Response Filed
Aug 27, 2025
Final Rejection — §103
Oct 20, 2025
Response after Non-Final Action
Nov 03, 2025
Request for Continued Examination
Nov 08, 2025
Response after Non-Final Action
Jan 12, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+33.2%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 312 resolved cases by this examiner. Grant probability derived from career allow rate.

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