Prosecution Insights
Last updated: July 17, 2026
Application No. 18/162,624

NR Sidelink Relaying Discovery

Non-Final OA §103
Filed
Jan 31, 2023
Priority
Aug 05, 2020 — EU 20189691.7 +2 more
Examiner
ELLIOTT IV, BENJAMIN H
Art Unit
2474
Tech Center
2400 — Computer Networks
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
3 (Non-Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1076 granted / 1210 resolved
+30.9% vs TC avg
Minimal -1% lift
Without
With
+-0.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
23 currently pending
Career history
1235
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
63.6%
+23.6% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1210 resolved cases

Office Action

§103
DETAILED ACTION 1. Claims 1-21 have been examined and are pending. Continued Examination Under 37 CFR 1.114 2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/17/2026 has been entered. Information Disclosure Statement 3. The information disclosure statement (IDS) submitted on 12/15/2025 has been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Response to Amendment 4. In response to the amendments received in the Office on 4/17/2026, the Office acknowledges the current status of the claims: claims 1, 4, 10, and 18-21 have been amended, and no new matter appears to be included. Response to Arguments 5. Applicant’s arguments with respect to claims 1, 4, 10, and 18-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 7. 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. 8. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 9. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 10. Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication 2023/0164536 A1 to Back et al. (hereinafter “Back”) in view of United States Patent Application Publication 2023/0053351 A1 to Cheng et al. (hereinafter “Cheng”). Regarding Claim 1, Back discloses a transceiver of a wireless communication system, wherein the transceiver is configured to operate in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.), wherein the transceiver is configured to receive a sidelink discovery signal from another transceiver of the wireless communication system (Back: [0149] – a relay UE receives a sidelink discovery solicitation message from a remote UE. [0141] – “In this document, a discovery message may mean any one of a discovery message, a discovery solicitation message, and a discovery response message. Alternatively, the discovery message may collectively mean these messages.”), …the transceiver acts as a relay for the other transceiver signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system (Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159].), wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.), wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.). Although Back determines a UE acts as a relay in a discovery procedure for sidelink communications, Back does not determine this in response to a discovery or sidelink criterion being fulfilled. However, this feature cannot be considered new or novel in the presence of Cheng. Cheng is similarly concerned with selecting a user equipment for sidelink relaying (Cheng: [0005]). Cheng discloses a relay selection/reselection process in which, in response to a discovery or sidelink criterion being fulfilled, a UE determines to act as a relay for other transceiver signals in a sidelink communication (Cheng: [0144-0146] – corresponds to, based on a criterion being satisfied, a UE acts as a relay UE, the criterion being at least a reference signal received power (RSRP).). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the transceiver of Back in view of the selection method of Cheng to determine a relay based on a selection criterion for the reasons of reducing signaling overhead (Cheng: [0072]). Regarding Claim 2, the combination of Back and Cheng discloses the transceiver according to claim 1, wherein the discovery channel is defined by at least one out of - a discovery period (alternative language), - a duration of a resource validity (Back: [0111] – corresponds to a selection window size for determining the resources for sidelink.), - an information from the time/ frequency resource location(s) of resource pools for direct communication or exclusively for discovery in the first or second stage sidelink control information, SCI (alternative language), - a source or discovery ID (alternative language). Regarding Claim 3, the combination of Back and Cheng discloses the transceiver according to claim 1, wherein the transceiver is configured or capable to relay signals in at least one direction between the other transceiver and a further transceiver of the wireless communication system (Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. See also Figure 10A, wherein one of two UEs acts as a relay with a base station.). Regarding Claim 4, Back discloses the transceiver according to claim 1, wherein the transceiver is configured to operate, in a relaying mode of operation, in which the transceiver relays signals in the at least one direction between the other transceiver and the further transceiver of the wireless communication system (Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159].). Although Back determines a UE acts as a relay in a discovery procedure for sidelink communications, Back does not determine this in response to a discovery or sidelink criterion being fulfilled. However, this feature cannot be considered new or novel in the presence of Cheng. Cheng is similarly concerned with selecting a user equipment for sidelink relaying (Cheng: [0005]). Cheng discloses a relay selection/reselection process in which, in response to a discovery or sidelink criterion being fulfilled, a UE determines to act as a relay for other transceiver signals in a sidelink communication (Cheng: [0144-0146] – corresponds to, based on a criterion being satisfied, a UE acts as a relay UE, the criterion being at least a reference signal received power (RSRP).). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the transceiver of Back in view of the selection method of Cheng to determine a relay based on a selection criterion for the reasons of reducing signaling overhead (Cheng: [0072]). Regarding Claim 5, the combination of Back and Cheng discloses the transceiver according to claim 4, wherein the sidelink discovery signal comprises a discovery announcement (Back: [0149] – a relay UE receives a sidelink discovery solicitation message from a remote UE. [0141] – “In this document, a discovery message may mean any one of a discovery message, a discovery solicitation message, and a discovery response message. Alternatively, the discovery message may collectively mean these messages.”). Regarding Claim 6, the combination of Back and Cheng discloses the transceiver according to claim 1, wherein the sidelink discovery signal is transmitted using specific discovery resources (alternative language), or wherein the sidelink discovery signal is transmitted using any sidelink resources (Back: [0163-0165] – the discovery message may be transmitted/received over a PSSCH or PSCCH.). Regarding Claim 7, the combination of Back and Cheng discloses the transceiver according to claim 1, wherein an information used for identifying the sidelink discovery signal as discovery signal is pre-configured, wherein an information used for identifying the sidelink discovery signal as discovery signal is configured by a base station of the wireless communication system (Back: [0164-0168] – corresponds to a discovery message indicator including information to identify the discovery message within an SCI, that may be pre-configured by a base station, such as a destination ID.). Regarding Claim 8, the combination of Back and Cheng discloses the transceiver according to claim 1, wherein the discovery channel is pre-configured, or wherein the discovery channel is configured by a base station of the wireless communication system (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D, configured by a base station.). Regarding Claim 9, the combination of Back and Cheng discloses the transceiver according to claim 1, wherein an information used for receiving the sidelink discovery signal is pre-configured (Back: [0164-0168] – corresponds to a discovery message indicator including information to identify the discovery message within an SCI, that may be pre-configured by a base station, such as a destination ID.), wherein an information used for receiving the sidelink discovery signal is configured by a base station of the wireless communication system (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel.). Regarding Claim 10, Back discloses a transceiver of a wireless communication system, wherein the transceiver is configured to operate in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.), wherein the transceiver is configured to transmit a sidelink discovery signal to a candidate relaying transceiver of the wireless communication system (Back: [0147] – “The remote UE may determine a candidate relay UE to establish a connection with by measuring RSRP of an SL signal (or a resource related to the discovery message) broadcast by the relay UE.”), wherein the transceiver is configured to select the candidate relaying transceiver as relaying transceiver…(Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159].), wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.), wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.). Although Back determines a UE acts as a relay in a discovery procedure for sidelink communications, Back does not determine this in response to a discovery or sidelink criterion being fulfilled. However, this feature cannot be considered new or novel in the presence of Cheng. Cheng is similarly concerned with selecting a user equipment for sidelink relaying (Cheng: [0005]). Cheng discloses a relay selection/reselection process in which, in response to a discovery or sidelink criterion being fulfilled, a UE determines to act as a relay for other transceiver signals in a sidelink communication (Cheng: [0144-0146] – corresponds to, based on a criterion being satisfied, a UE acts as a relay UE, the criterion being at least a reference signal received power (RSRP).). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the transceiver of Back in view of the selection method of Cheng to determine a relay based on a selection criterion for the reasons of reducing signaling overhead (Cheng: [0072]). Claims 11-15, dependent upon claim 10, recite similar features as claims 2, 3, 5, 6, 8, respectively, and are therefore rejected upon the same grounds as claims 2, 3, 5, 6, and 8. Please see above rejections of claims 2, 3, 5, 6, and 8. Regarding Claim 16, the combination of Back and Cheng discloses the transceiver according to claim 10, wherein the transceiver is configured to transmit the sidelink discovery signal in a discovery mode of operation (Back: [0167] – the UEs may operate according to one or more different types of discovery modes.). Regarding Claim 17, the combination of Back and Cheng discloses the transceiver according to claim 10, wherein parameters for transmitting the sidelink discovery signal are pre-configured, wherein parameters for transmitting the sidelink discovery signal are configured by a base station of the wireless communication system (Back: [0113-0114] – SCI (for discovery) indicate specific resources based on measurements of SL RSRPs of DMRS that are configured or preconfigured by a base station.). Claim 18, directed to a method embodiment of claim 1, recites similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1. Regarding Claim 19, Back discloses a method for operating a transceiver of a wireless communication system, the method comprising: operating the transceiver in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.), transmitting a sidelink discovery signal to a candidate relaying transceiver of the wireless communication system (Back: [0147] – “The remote UE may determine a candidate relay UE to establish a connection with by measuring RSRP of an SL signal (or a resource related to the discovery message) broadcast by the relay UE.”), selecting the candidate relaying transceiver as relaying transceiver…(Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159]. Back also discloses that a candidate relay station may be identified after a discovery or sidelink criterion is determined ([0160], [0165].), wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.), wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.). Although Back determines a UE acts as a relay in a discovery procedure for sidelink communications, Back does not determine this in response to a discovery or sidelink criterion being fulfilled. However, this feature cannot be considered new or novel in the presence of Cheng. Cheng is similarly concerned with selecting a user equipment for sidelink relaying (Cheng: [0005]). Cheng discloses a relay selection/reselection process in which, in response to a discovery or sidelink criterion being fulfilled, a UE determines to act as a relay for other transceiver signals in a sidelink communication (Cheng: [0144-0146] – corresponds to, based on a criterion being satisfied, a UE acts as a relay UE, the criterion being at least a reference signal received power (RSRP).). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the method of Back in view of the selection method of Cheng to determine a relay based on a selection criterion for the reasons of reducing signaling overhead (Cheng: [0072]). Claim 20, directed to an article of manufacture embodiment of claim 1, recites similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1. Back further discloses the medium [0033] that executes a program at a processor. Regarding Claim 21, Back discloses a non-transitory digital storage medium having stored thereon a computer program (Back: [0033] – a medium that executes a program at a processor) for performing a method for operating a transceiver of a wireless communication system, the method comprising: operating the transceiver in a sidelink in-coverage, out of coverage or partial coverage scenario (Back: [0139] – a relay UE may be in coverage or out of coverage.), in which resources for a sidelink communication are configured or pre-configured by the wireless communication system or allocated or scheduled autonomously by the transceiver (Back: [0111], [0114] – the sidelink resources for a UE may be configured or preconfigured. [0104] – the base station may schedule sidelink resources.), transmitting a sidelink discovery signal to a candidate relaying transceiver of the wireless communication system (Back: [0147] – “The remote UE may determine a candidate relay UE to establish a connection with by measuring RSRP of an SL signal (or a resource related to the discovery message) broadcast by the relay UE.”), selecting the candidate relaying transceiver as relaying transceiver…(Interpreted as a dispositive/non-contingent limitation not required to be disclosed by the prior art of record. Examiner respectfully suggest amending the limitation to positively recite the limitation to be considered by the prior art of record. In view of this, Examiner notes the following: Back: [0139-0147] – corresponds to a relay UE that may also act as a remote UE, or a relay UE acting as a relay UE configured to discover another relay UE. Back: [0158-0167] - discloses that upon reception of a discovery message (criterion), the receiving UE may determine that it is qualified to perform the act of relaying ([0161]) after reception and decoding the discovery message for the purpose of engaging in sidelink transmission/reception ([0158-0159]. Back also discloses that a candidate relay station may be identified after a discovery or sidelink criterion is determined ([0160], [0165].), wherein the sidelink discovery signal is transmitted via a discovery channel (Back: [0145-0147] – the discovery message may be transmitted/received over a discovery channel.), wherein the discovery channel is defined by a destination ID (Back: [0157], [0164-0167] – corresponds to a destination ID included with sidelink control information (SCI) that is transmitted over a destination channel. A particular service is identified by the destination ID in the discovery message, which necessarily includes the channel between devices in D2D.). Although Back determines a UE acts as a relay in a discovery procedure for sidelink communications, Back does not determine this in response to a discovery or sidelink criterion being fulfilled. However, this feature cannot be considered new or novel in the presence of Cheng. Cheng is similarly concerned with selecting a user equipment for sidelink relaying (Cheng: [0005]). Cheng discloses a relay selection/reselection process in which, in response to a discovery or sidelink criterion being fulfilled, a UE determines to act as a relay for other transceiver signals in a sidelink communication (Cheng: [0144-0146] – corresponds to, based on a criterion being satisfied, a UE acts as a relay UE, the criterion being at least a reference signal received power (RSRP).). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the method of Back in view of the selection method of Cheng to determine a relay based on a selection criterion for the reasons of reducing signaling overhead (Cheng: [0072]). Conclusion 11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT). 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, Michael Thier can be reached at (571) 272-2832. 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. BENJAMIN H. ELLIOTT IV Primary Examiner Art Unit 2474 /BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 June 2, 2026
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Prosecution Timeline

Jan 31, 2023
Application Filed
May 22, 2025
Non-Final Rejection mailed — §103
Nov 06, 2025
Response Filed
Dec 18, 2025
Final Rejection mailed — §103
Apr 17, 2026
Request for Continued Examination
Apr 28, 2026
Response after Non-Final Action
Jun 05, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
88%
With Interview (-0.7%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
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