Prosecution Insights
Last updated: August 17, 2026
Application No. 18/165,769

COMMUNICATION METHOD, APPARATUS, AND SYSTEM

Final Rejection §103
Filed
Feb 07, 2023
Priority
Aug 07, 2020 — continuation of PCTCN2020107924
Examiner
ZHAO, YONGHONG
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
4 (Final)
70%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
14 granted / 20 resolved
+12.0% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
35 currently pending
Career history
69
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
70.0%
+30.0% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
15.6%
-24.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 20 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 . This Office Action is in response to claim amendment filed on May 13, 2026 and wherein new claims 23-25 being currently added. In virtue of this communication, claims 1-6, 8-14, 16-25 are currently pending in this Office Action. The Office appreciates the explanation of the amendment and analyses of the prior arts, and however, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993) and MPEP 2145. Response to Arguments Applicant argue Qu does not disclose "coordination information indicating the first resource" as described in claim 1(Remarks, Page 8) have been fully considered and are not persuasive. Qu disclose first UE feedback ACK or NACK information to the second UE, and ACK/NACK indicating whether time-frequency resources in the L time-frequency resources are received correctly or not, wherein L time-frequency resources is reading as first resource. See Fig. 2 and para [0054]. Qu disclose the first UE determines L time-frequency resources according to the N time-frequency resources transmitted by the second UE, See para [0055] and [0033]. Thus, the ACK/NACK feedback information for each L time-frequency resources reception status is appropriately interpreted as “coordination information indicating the first resource”. Applicant argue neither Qu nor JI discloses "the first resource is usable by the first terminal apparatus to determine a second resource for sending sidelink information to the second terminal apparatus" as described in claim 1 (Remarks, Pages 8-9) have been fully considered and are not persuasive. Applicant argue JI's HARQ feedback may trigger a reselection procedure, but JI does not teach using a first resource, indicated by coordination information, to determine a second resource as described in claim 1 (Remarks, Pages 8). The Examiner respectfully disagrees. JI disclose trigger a resource reselection procedure based on ACK/NACK feedback, see Fig. 5, 6, 9 and para [0054] and [0072-0078]. Ji further discloses feedback message include at least one frequency domain resource and at least one time domain resource, at least one of resource conflict information, and position information of the conflict resource may include time domain information of the resource, and may also include frequency domain information of the resource, see para [0118], [0120-0121] and [0130]. Thus, JI’s “resource reselection” is appropriately interpreted as selecting nonconflicting resources based on indication of the conflicted resources, wherein conflicted resources are reading as first resource, and reselected resources is reading as second resource. Applicant argue Qu does not disclose "wherein the trigger information is for triggering determining of a first resource" as described in claim 1 (Remarks, Page 9) have been fully considered and are not persuasive. Qu disclose start determining L time-frequency resources according to the N time-frequency resources after receiving first SCI, and SCI information indicating N time-frequency resources, see Fig. 2, element 101 and para [0046-0047], wherein first SCI is reading as trigger information for triggering determining of a first resource. Applicant argue Qu does not disclose "sending ... at or before a first time" as described in claim 1 (Remarks, Page 9) have been fully considered and are not persuasive. Qu disclose sending feedback information at slot (n+k), wherein time slot n is the first UE receives the PSSCH from the second UE, and the time slot difference value K is used to indicate a minimum time domain interval between a time slot where the first UE receives the PSSCH sent by the second UE and a time slot where the first UE sends the PSFCH corresponding to the PSSCH, see para [0058], [0142]. Wherein n+k is reading as first time, k is reading as first time offset, thus, Qu teaches “sending ... at a first time". Based on the aforementioned reasoning, therefore, the Applicant’s argument is not persuasive. Further, the new ground(s) of rejection is necessitated by the applicant amendment. The Office has thoroughly reviewed Applicants' arguments but firmly believes that the cited references to reasonably and properly meet the claimed limitations. 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 (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. 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. 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. Claims 1- 6, 8-14, 16-25 are rejected under 35 U.S.C. 103 as being unpatentable over Qu et al. (US 20220225307 A1, hereinafter Qu) and in view of JI et al. (US 20220369169 A1, hereinafter JI). Claim 1: Qu teaches A communication method (abstract), comprising: receiving, by a second terminal apparatus (Fig.2, element First UE), trigger information from a first terminal apparatus (Fig.2, element Second UE), wherein the trigger information is for triggering determining of a first resource (Fig. 2, element 101, [0046-0047], disclose start determining L time-frequency resources according to the N time-frequency resources after receiving first SCI, and SCI information indicating N time-frequency resources, wherein first SCI is reading as trigger information for triggering determining of a first resource, and “L time-frequency resources” is reading as “a first resource”. [0049], “When one SCI indicates N time-frequency resources for sending the PSSCH, the N time-frequency resources may be located in N continuous sidelink time slots, or on N discontinuous sidelink time slots. Moreover, in the case M≥2, only some of the N time slots have the PSFCH resource. At this point, it is necessary to determine the L time-frequency resources according to both the N time-frequency resources and the time slots containing the PSFCH resources in the N time slots, and the time domains of the PSFCH resources respectively corresponding to different time-frequency resources in the L time-frequency resources are the same”, Fig. 3, Fig.4, [0050-0051], disclose the method of determining L time-frequency resource according to the N time-frequency resource.); and sending, by the second terminal apparatus (Fig.2, element First UE), to the first terminal apparatus (Fig.2, element Second UE) at or before (alternative) a first time ([0058], [0142], disclose sending feedback information at slot (n+k), wherein time slot n is the first UE receives the PSSCH from the second UE, and the time slot difference value K is used to indicate a minimum time domain interval between a time slot where the first UE receives the PSSCH sent by the second UE and a time slot where the first UE sends the PSFCH corresponding to the PSSCH, Wherein n+k is reading as first time, k is reading as first time offset), coordination information indicating the first resource (Fig.2, element 103, [0054], Qu disclose first UE feedback ACK or NACK information to the second UE, and ACK/NACK indicating whether time-frequency resources in the L time-frequency resources are received correctly or not, wherein L time-frequency resources is reading as first resource. [0055], [0033], disclose the first UE determines L time-frequency resources according to the N time-frequency resources transmitted by the second UE), wherein the first time is based on a time at which the trigger information is received from the first terminal apparatus and a first time offset ([0058], “if the first UE receives the PSSCH from the second UE in time slot n, it takes a certain processing time to decode the received PSSCH to determine whether the PSSCH is received correctly, and the PSFCH resource is used for feedback in a certain time slot after the time slot n, such as time slot (n+K). The value of K depends on the minimum processing delay of all UEs supporting V2X services”, wherein K is reading as “a first time offset”, [0142], “for each of the N time-frequency resources, a first time slot according to a time domain position of the time-frequency resource and a preconfigured time slot difference value K, so as to obtain N first time slots, where the time slot difference value K is used to indicate a minimum time domain interval between a time slot where the first UE receives the PSSCH sent by the second UE and a time slot where the first UE sends the PSFCH corresponding to the PSSCH”); However, Qu does not explicitly teach wherein the first resource is usable by the first terminal apparatus to determine a second resource for sending sidelink information to the second terminal apparatus. JI, from the same or similar field of endeavor, teaches wherein the first resource is usable by the first terminal apparatus to determine a second resource for sending sidelink information to the second terminal apparatus (Fig. 5, 6, 9, para [0054], [0072-0078], disclose trigger a resource reselection procedure based on ACK/NACK feedback. Para [0118], [0120-0121] and [0130], discloses feedback message include at least one frequency domain resource and at least one time domain resource, at least one of resource conflict information, and position information of the conflict resource may include time domain information of the resource, and may also include frequency domain information of the resource. Thus, JI’s “resource reselection” is appropriately interpreted as selecting nonconflicting resources based on indication of the conflicted resources, wherein conflicted resources are reading as first resource, and reselected resources are reading as second resource). Qu and JI are both considered to be analogous to the claimed invention because they are in the same field of wireless communication. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Qu and the features of determining, based on a HARQ feedback status from the receive terminal, whether to trigger resource reselection as taught by JI, for the benefit for helping improve reliability and effectiveness of transmission based on HARQ feedback in Sidelink transmission (paragraph [0076], [0338]). Claim 5 is analyzed and rejected according to claim 1. Claim 9 is analyzed and rejected according to claim 1 and Qu further teaches one or more processors (Fig. 10, element 12, Fig. 11, element 21); and a memory (Fig. 11, element 22) storing instructions for execution by the one or more processors ([0105], “the memory 22 stores computer-executed instructions”); wherein the one or more processors are configured to execute the instructions to facilitate performance ([0106], “the processor 21 executes the computer-executed instructions stored in the memory 22, so that the processor 21 perform the feedback method performed by the first UE as above”) by the second terminal apparatus (Fig. 2, element First UE). Claim 13 is analyzed and rejected according to claim 1 and Qu further teaches one or more processors (Fig. 10, element 12, Fig. 11, element 21); and a memory (Fig. 11, element 22) storing instructions for execution by the one or more processors ([0105], “the memory 22 stores computer-executed instructions”); wherein the one or more processors are configured to execute the instructions to facilitate performance ([0106], “the processor 21 executes the computer-executed instructions stored in the memory 22, so that the processor 21 perform the feedback method performed by the first UE as above”) by the first terminal apparatus (Fig. 2, element Second UE). Claim 2: Qu teaches the method according to claim 1, further comprising: receiving control information, sidelink radio resource control PC5-RRC signaling, or a Media Access Control control element (MAC CE) from the first terminal apparatus (Fig. 2, element 101, [0028], “two UEs perform direct communication through a PC5 interface, and the direct communication can also be called sidelink communication”), wherein the control information, the sidelink radio resource control PC5-RRC signaling, or the MAC CE indicates the first time offset (alternative) and/or a capability of the first terminal apparatus ([0081], “The first UE receives the first SCI in time slot n, and the first SCI indicates two time-frequency resources for sending the PSSCH; and the first UE receives the second SCI in time slot (n+2), and the second SCI indicates one time-frequency resource for sending the PSSCH. At this point, L=2, and the two time-frequency resources determined by the first UE according to one first SCI and one second SCI include time-frequency resources corresponding to the PSSCH in time slot n and time slot (n+2)”, [0079], “the second UE may indicate the first UE to perform blind retransmission and reception through the sidelink high-layer signaling, such as the PC5 RRC signaling, and indicate the first UE to feed back on the PSFCH resource corresponding to time-frequency resource of the last PSSCH for the blind retransmission”). Claim 6 is analyzed and rejected according to claim 5 and claim 2. Claim 10 is analyzed and rejected according to claim 9 and claim 2. Claim 14 is analyzed and rejected according to claim 13 and claim 2. Claim 3: The combination of Qu and JI teaches the method according to claim 1, JI additionally teaches further comprising: receiving, on the second resource, the sidelink information from the first terminal apparatus (Fig.5, [0054], “the trigger condition for resource reselection is satisfied, the transmit terminal may perform an operation of resource reselection, that is, the transmit terminal may perform resource reselection, in other words, the transmit terminal may reselect a resource”, [0055], “ For the resource reselection operation in the foregoing operations, because the transmit terminal reselects the resource to avoid a resource conflict, thereby better resolving the problem of resource conflicts”, [0338], “in sidelink communication, when there is a resource conflict for the resource of the first transmit terminal, the first transmit terminal may perform resource reselection or perform related adjustment in the case that the trigger condition for resource reselection is satisfied. In this way, the first transmit terminal can address the problem of resource conflicts through resource reselection”). The motivation for combining Qu and JI regarding to the claim 1 is also applied to claim 3. Claim 11 is analyzed and rejected according to claim 9 and claim 3. Claim 4: Qu teaches the method according to claim 1, wherein the first time and the first time offset are measured in milliseconds (alternative) or slots ([0057], “ the first UE determines a first time slot according to a time domain position of the time-frequency resource and a preconfigured time slot difference value K, so as to obtain N first time slots, where the time slot difference value K is used to indicate a minimum time domain interval between a time slot where the first UE receives the PSSCH sent by the second UE and a time slot where the first UE sends the PSFCH corresponding to the PSSCH”). Claim 8 is analyzed and rejected according to claim 5 and claim 4. Claim 12 is analyzed and rejected according to claim 9 and claim 4. Claim 16 is analyzed and rejected according to claim 13 and claim 4. Claim 17: Qu teaches the method according to claim 1, wherein the first time is a sum of the time at which trigger information is received from the first terminal apparatus and the first time offset ([0058], “if the first UE receives the PSSCH from the second UE in time slot n, it takes a certain processing time to decode the received PSSCH to determine whether the PSSCH is received correctly, and the PSFCH resource is used for feedback in a certain time slot after the time slot n, such as time slot (n+K). The value of K depends on the minimum processing delay of all UEs supporting V2X services”). Claim 18: Qu teaches the method according to claim 1, wherein: the first time offset is based on a capability of the first terminal apparatus ([0058], “if the first UE receives the PSSCH from the second UE in time slot n, it takes a certain processing time to decode the received PSSCH to determine whether the PSSCH is received correctly, and the PSFCH resource is used for feedback in a certain time slot after the time slot n, such as time slot (n+K). The value of K depends on the minimum processing delay of all UEs supporting V2X services”); or the first time offset is a predefined time offset ([0091], “ for each of the N time-frequency resources, a first time slot according to a time domain position of the time-frequency resource and a preconfigured time slot difference value K”). Claim 19: Qu teaches the method according to claim 1, wherein the trigger information comprises at least one of the following information: a start time of a resource selection window(alternative), a end time of the resource selection window (alternative), the first time offset (alternative), a capability of the first terminal apparatus (alternative), a second time offset (alternative), or a duration of the resource selection window ([0049], “When one SCI indicates N time-frequency resources for sending the PSSCH, the N time-frequency resources may be located in N continuous sidelink time slots, or on N discontinuous sidelink time slots. Moreover, in the case M≥2, only some of the N time slots have the PSFCH resource. At this point, it is necessary to determine the L time-frequency resources according to both the N time-frequency resources and the time slots containing the PSFCH resources in the N time slots, and the time domains of the PSFCH resources respectively corresponding to different time-frequency resources in the L time-frequency resources are the same”, Wherein N continuous sidelink time slots are reading as “duration of the resource selection window”). Claim 20: Qu teaches the method according to claim 1, wherein a start time of the first resource in the time domain falls within a resource selection window ([0049], “When one SCI indicates N time-frequency resources for sending the PSSCH, the N time-frequency resources may be located in N continuous sidelink time slots, or on N discontinuous sidelink time slots. Moreover, in the case M≥2, only some of the N time slots have the PSFCH resource. At this point, it is necessary to determine the L time-frequency resources according to both the N time-frequency resources and the time slots containing the PSFCH resources in the N time slots, and the time domains of the PSFCH resources respectively corresponding to different time-frequency resources in the L time-frequency resources are the same”, wherein “N time slots” is reading as “resource selection window”, [0081], “The first UE receives the first SCI in time slot n, and the first SCI indicates two time-frequency resources for sending the PSSCH; and the first UE receives the second SCI in time slot (n+2), and the second SCI indicates one time-frequency resource for sending the PSSCH. At this point, L=2, and the two time-frequency resources determined by the first UE according to one first SCI and one second SCI include time-frequency resources corresponding to the PSSCH in time slot n and time slot (n+2)”). Claim 21: Qu teaches the method according to claim 1, wherein the first resource comprises at least one resource for determining a resource for receiving the sidelink information from the first terminal apparatus, and a start time of the first resource in the time domain comprises a time domain start time of a resource ranking first in the time domain among the at least one resource ([0058], “if the first UE receives the PSSCH from the second UE in time slot n, it takes a certain processing time to decode the received PSSCH to determine whether the PSSCH is received correctly, and the PSFCH resource is used for feedback in a certain time slot after the time slot n, such as time slot (n+K). The value of K depends on the minimum processing delay of all UEs supporting V2X services”, [0055], “ the first SCI sent by the second UE to the first UE indicates N time-frequency resources, the second UE sends the PSSCH to the first UE on each of the N time-frequency resources, the N PSSCHs correspond to the same TB, the first UE determines L time-frequency resources according to the N time-Frequency resources indicated by the first SCI, and time domains of PSFCH resources respectively corresponding to the L time-frequency resources are the same”). Claim 22: Qu teaches the method according to claim 1, wherein the second terminal apparatus includes or is a chip ([0101], “the processing unit may be a separately established processing element, or may be integrated in a certain chip of the above apparatus”, [0102], “these units can be integrated together and implemented in the form of system-on-a-chip (SOC)”) . Claim 23: Qu teaches the method according to claim 5, wherein the first time is a sum of the time at which trigger information is received from the first terminal apparatus and the first time offset ([0058], [0142], disclose sending feedback information at slot (n+k), wherein time slot n is the first UE receives the PSSCH from the second UE, and the time slot difference value K is used to indicate a minimum time domain interval between a time slot where the first UE receives the PSSCH sent by the second UE and a time slot where the first UE sends the PSFCH corresponding to the PSSCH, Wherein n+k is reading as first time, k is reading as first time offset). Claim 24 is analyzed and rejected according to claim 9 and claim 23. Claim 25 is analyzed and rejected according to claim 13 and claim 23. 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 YONGHONG ZHAO whose telephone number is (571)272-4089. The examiner can normally be reached Monday -Friday 9:00 am - 5:00pm. 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, NICHOLAS JENSEN can be reached on 5712723980. 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. /Y.Z./Examiner, Art Unit 2472 /ANH VU H LY/Primary Examiner, Art Unit 2472
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Prosecution Timeline

Show 1 earlier event
May 28, 2025
Non-Final Rejection mailed — §103
Aug 22, 2025
Response Filed
Oct 08, 2025
Final Rejection mailed — §103
Dec 29, 2025
Request for Continued Examination
Jan 24, 2026
Response after Non-Final Action
Feb 13, 2026
Non-Final Rejection mailed — §103
May 13, 2026
Response Filed
Jun 22, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
70%
Grant Probability
83%
With Interview (+13.3%)
2y 11m (~0m remaining)
Median Time to Grant
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