Prosecution Insights
Last updated: April 19, 2026
Application No. 18/253,286

METHOD AND APPARATUS FOR PERFORMING WIRELESS COMMUNICATION RELATED TO SL PRS IN NR V2X

Final Rejection §103§112
Filed
May 17, 2023
Examiner
BARRY, JUSTIN ARTHUR
Art Unit
2643
Tech Center
2600 — Communications
Assignee
LG Electronics Inc.
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
8 granted / 12 resolved
+4.7% vs TC avg
Strong +40% interview lift
Without
With
+40.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
52 currently pending
Career history
64
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
58.7%
+18.7% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 12 resolved cases

Office Action

§103 §112
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on September 25, 2025 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. All references considered except were struck through. Response to Amendment The Amendment filed November 20, 2025 has been entered. Claims 1-10 and 16-25 are pending in the application. Applicant has submitted amendments to the claims along with other remarks. Claims 1-10 and 16-25 are still rejected by prior art references, refer to the following rejection for details. Response to Arguments Applicant’s arguments and amendments, see pp. 9-13 of the response, filed November 20, 2025, with respect to the rejection(s) of claim(s) 1-10 and 16-25 under § 102 have been fully considered and are persuasive. However, upon further consideration for the amendments, a new ground(s) of rejection is made in view of new reference, please see the rejection for details. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 1-10 and 16-25 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant has introduced amendments to the claims without indicating where the original specification supported the subject matter. After reviewing the specification, it is unclear where support for these amendments is provided in the original specification. The MPEP provides that “[w]ith respect to newly added or amended claims, applicant should show support in the original disclosure for the new or amended claims.” MPEP § 2163(II). As such, “Applicant has not pointed out where the new (or amended) claim is supported, nor does there appear to be a written description of the claim limitation ‘wherein the herein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources’ [with both criteria used together] in the application as filed.” See, e.g., Hyatt v. Dudas, 492 F.3d 1365, 1370, n.4, 83 USPQ2d 1373, 1376, n.4 (Fed. Cir. 2007). Claims 1-10 and 16-25 recite two criteria following, “wherein the herein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources.” The specification appears to address these two criteria individually with respect to the exclusion of the SL PRS resources and does not appear to teach that both criteria can be used together. Further, the amended claims recite “after excluding,” which is not explicitly found in the specification as well. Clarification or correction is required. 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. 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. Claims 1-5, 7, and 9-10, 16-19, 21, 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2023/0318772 (hereinafter “Farag”) in view of U.S. Publication No. 2021/0076433 (hereinafter “Hou”). Regarding claim 1, Farag teaches: A method comprising: obtaining, by a first device, configuration information including information related to a sidelink (SL) positioning reference signal (PRS) resource pool ([0066] A time unit for DL signaling, for UL signaling, or for SL signaling on a cell is one symbol. A symbol belongs to a slot that includes a number of symbols such as 14 symbols. A slot can also be used as a time unit. A bandwidth (BW) unit is referred to as a resource block (RB). One RB includes a number of sub-carriers (SCs). For example, a slot can have duration of one millisecond and an RB can have a bandwidth of 180 kHz and include 12 SCs with inter-SC spacing of 15 kHz. As another example, a slot can have a duration of 0.25 milliseconds and include 14 symbols and an RB can have a BW of 720 kHz and include 12 SCs with SC spacing of 60 kHz. An RB in one symbol of a slot is referred to as physical RB (PRB) and includes a number of resource elements (REs).); triggering, by the first device, resource selection in slot n ([0081] For resource (re-)selection or re-evaluation in slot n, a UE can determine a set of available single-slot resources for transmission within a resource selection window [n+T1, n+T.sub.2], such that a single-slot resource for transmission, R.sub.x,y is defined as a set of L.sub.subcH contiguous subchannels x+i, where i=0, 1, . . . , L.sub.subCH−1 in slot t.sub.y.sup.SL. T.sub.1 is determined by the UE such that, 0≤T.sub.1≤T.sub.proc,1.sup.SL, where T.sub.proc,1.sup.SL is a PSSCH processing time for example as defined in TS 38.214. T.sub.2 is determined by the UE such that T.sub.2min≤T.sub.2≤Remaining Packet Delay Budget, as long as T.sub.2min≤Remaining Packet Delay Budget, else T.sub.2 is equal to the Remaining Packet Delay Budget. T.sub.2min is configured by higher layers and depends on the priority of the SL transmission.); performing, by the first device, sensing within a sensing window (TABLE 2 1.Single slot resource R.sub.x,y, such that for any received SCI within the sensing window:  1. The associated L1-RSRP measurement is above a (pre-)configured  SL-RSRP threshold, where the SL-RSRP threshold depends on the  priority indicated in the received SCI and that of the SL transmission  for which resources are being selected.  2. (Condition 2.2) The received SCI in slot t′.sub.m.sup.SL, or if “Resource  reservation field” is present in the received SCI the same SCI is  assumed to be received in slot t′.sub.m+q×P′.sub.rsvp_Rx.sup.SL, indicates a set of  resource blocks that overlaps); determining, by the first device, a selection window ([0092] When pre-emption check is enabled by higher layers, a pre-emption check includes: (1) performing the first step of the SL resource selection procedure (as illustrated in 3GPP standard specification 38.214), which involves identifying candidate (available) sidelink resource set in a resource selection window as previously described;); determining, by the first device, a plurality of candidate resources within the selection window and within the SL PRS resource pool ([0093] If the priority value P.sub.RX is less than a higher-layer configured threshold and the priority value P.sub.RX is less than the priority value P.sub.TX. The pre-selected and reserved sidelink resource is pre-empted. A new sidelink resource is re-selected from the candidate sidelink resource set.); selecting, by the first device, a first SL PRS resource after excluding one or more candidate SL PRS resources from the plurality of candidate SL PRS resources, wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources, (i) based on a number of the one or more candidate SL PRS resources that overlap with one or more reserved resources detected based on the sensing being greater than or equal to a first threshold, ([0086] Candidate resources are resources that belong to a resource pool, but exclude resources (e.g., resource exclusion) that were previously reserved, or potentially reserved by other UEs. The resources excluded are based on SCIs decoded in a sensing window and for which the UE measures a SL RSRP that exceeds a threshold. The threshold depends on the priority indicated in a SCI format and on the priority of the SL transmission. Therefore, sensing within a sensing window involves decoding the first stage SCI, and measuring the corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS. [0087] During the first step of the resource (re-)selection procedure, a UE can monitor slots in a sensing window [n−T.sub.0, n−T.sub.proc,0), where the UE monitors slots belonging to a corresponding sidelink resource pool that are not used for the UE's own transmission. To determine a candidate single-slot resource set to report to higher layers, a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2. ([0087] a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2. Table 2: 1. The associated L1-RSRP measurement is above a (pre-)configured  SL-RSRP threshold, (Condition 2.2) The received SCI in slot t′.sub.m.sup.SL, or if “Resource  reservation field” is present in the received SCI the same SCI is  assumed to be received in slot t′.sub.m+q×P′.sub.rsvp_Rx.sup.SL, indicates a set of  resource blocks that overlaps R.sub.x,y+j×P′.sub.rsvp_Tx), and transmitting, by the first device, a first SL PRS based on the first SL PRS resource (Abstract - A method of operating a user equipment (UE) includes transmitting, to another UE, a first SL PRS and a first SL control information associated with the first SL PRS). Farag does not explicitly teach: wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources . . . (ii) based on a correlation value related to the one or more candidate SL PRS resources being greater than or equal to a second threshold. However, in the same field of endeavor, Hou teaches: wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources ([0061-65]) . . . (ii) based on a correlation value related to the one or more candidate SL PRS resources being greater than or equal to a second threshold (Figs. 8-9, Step 420, [0081-83]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Farag to include the feature of correlation value based selection and a combination of Farag with Hou renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing correlation based selection). Regarding claim 2, Farag teaches: wherein the selection window is determined based on at least one of a measurement gap (FIGs. 8-22 “Gap”) and a measurement window ([0148] In one example, the frequency span of SCI1+SCI2 is less than the frequency span of S-PRS, and S-PRS is transmitted in the same symbols as SCI1+SCI2 to complement the frequency span of SCI1+SCI2 to be the same size as that of S-PRS in other symbols.). Regarding claim 3, Farag teaches: wherein the information related to the SL PRS configuration includes information related to an SL PRS periodicity, and wherein the selection window is determined based on the SL PRS period (TABLE 2 1. Single slot resource R.sub.x,y, such that for any slot t′.sub.m.sup.SL not monitored within the sensing window with a hypothetical received SCI Format 1-0, with a “Resource reservation period” set to any periodicity value allowed by a higher layer parameter reseverationPeriodAllowed, and indicating all sub-channels of the resource pool in this slot). Regarding claim 4, Farag does not explicitly teach: wherein the correlation value is measured based on a SL PRS sequence mapped to the one or more candidate SL PRS resources. However, in the same field of endeavor, Hou teaches: wherein the correlation value is measured based on a SL PRS sequence mapped to the one or more candidate SL PRS resources ([0081]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Farag to include the feature of correlation value based selection and a combination of Farag with Hou renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing correlation based selection). Regarding claim 5, Farag teaches: wherein the selection window is determined based on a processing time required for transmission of the first SL PRS ([0081] For resource (re-) selection or re-evaluation in slot n, a UE can determine a set of available single-slot resources for transmission within a resource selection window [n+T1, n+T.sub.2], such that a single-slot resource for transmission, R.sub.x,y is defined as a set of L.sub.subcH contiguous subchannels x+i, where i=0, 1, . . . , L.sub.subCH−1 in slot t.sub.y.sup.SL. T.sub.1 is determined by the UE such that, 0≤T.sub.1≤T.sub.proc,1.sup.SL, where T.sub.proc,1.sup.SL is a PSSCH processing time for example as defined in TS 38.214. T.sub.2 is determined by the UE such that T.sub.2min≤T.sub.2≤Remaining Packet Delay Budget, as long as T.sub.2min≤Remaining Packet Delay Budget, else T.sub.2 is equal to the Remaining Packet Delay Budget. T.sub.2min is configured by higher layers and depends on the priority of the SL transmission.). Regarding claim 7, Farag teaches: receiving control information through an SL PRS control channel (CCH) related to the SL PRS, wherein based on the number of overlapped REs between the one or more reserved resources (Table 2 Condition 2.2) and the one or more candidate resources being greater than or equal to a threshold, and based on the reference signal received power (RSRP) related with the SL PRS CCH being greater than or equal to a threshold power (Table 2 Condition 2.1. The associated L1-RSRP measurement is above a (pre-) configured SL-RSRP threshold,), the one or more candidate resources is excluded ([0087] . . . To determine a candidate single-slot resource set to report to higher layers, a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2.). Regarding claim 9, Farag teaches: A first device configured to perform wireless communication, the first device comprising: at least one processor; at least one transceiver; and at least one memory connected to the at least one processor and storing instructions that, based on being executed, cause the first device to perform operations comprising ([0009]): obtaining configuration information including information related to a sidelink (SL) positioning reference signal (PRS) configuration resource pool ([0066] A time unit for DL signaling, for UL signaling, or for SL signaling on a cell is one symbol. A symbol belongs to a slot that includes a number of symbols such as 14 symbols. A slot can also be used as a time unit. A bandwidth (BW) unit is referred to as a resource block (RB). One RB includes a number of sub-carriers (SCs). For example, a slot can have duration of one millisecond and an RB can have a bandwidth of 180 kHz and include 12 SCs with inter-SC spacing of 15 kHz. As another example, a slot can have a duration of 0.25 milliseconds and include 14 symbols and an RB can have a BW of 720 kHz and include 12 SCs with SC spacing of 60 kHz. An RB in one symbol of a slot is referred to as physical RB (PRB) and includes a number of resource elements (REs).); triggering resource selection in slot n ([0081] For resource (re-)selection or re-evaluation in slot n, a UE can determine a set of available single-slot resources for transmission within a resource selection window [n+T1, n+T.sub.2], such that a single-slot resource for transmission, R.sub.x,y is defined as a set of L.sub.subcH contiguous subchannels x+i, where i=0, 1, . . . , L.sub.subCH−1 in slot t.sub.y.sup.SL. T.sub.1 is determined by the UE such that, 0≤T.sub.1≤T.sub.proc,1.sup.SL, where T.sub.proc,1.sup.SL is a PSSCH processing time for example as defined in TS 38.214. T.sub.2 is determined by the UE such that T.sub.2min≤T.sub.2≤Remaining Packet Delay Budget, as long as T.sub.2min≤Remaining Packet Delay Budget, else T.sub.2 is equal to the Remaining Packet Delay Budget. T.sub.2min is configured by higher layers and depends on the priority of the SL transmission.); performing sensing within a sensing window (TABLE 2 1.Single slot resource R.sub.x,y, such that for any received SCI within the sensing window:  1. The associated L1-RSRP measurement is above a (pre-)configured  SL-RSRP threshold, where the SL-RSRP threshold depends on the  priority indicated in the received SCI and that of the SL transmission  for which resources are being selected.  2. (Condition 2.2) The received SCI in slot t′.sub.m.sup.SL, or if “Resource  reservation field” is present in the received SCI the same SCI is  assumed to be received in slot t′.sub.m+q×P′.sub.rsvp_Rx.sup.SL, indicates a set of  resource blocks that overlaps); determining a selection window and within the SL PRS resource pool ([0092] When pre-emption check is enabled by higher layers, a pre-emption check includes: (1) performing the first step of the SL resource selection procedure (as illustrated in 3GPP standard specification 38.214), which involves identifying candidate (available) sidelink resource set in a resource selection window as previously described;); determining one or more candidate resources within the selection window, after excluding one or more candidate SL PRS resources from the plurality of candidate SL PRS resources, wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources, (i) based on a number of the one or more candidate SL PRS resources that overlap with one or more reserved resources detected based on the sensing being greater than or equal to a first threshold ([0093] If the priority value P.sub.RX is less than a higher-layer configured threshold and the priority value P.sub.RX is less than the priority value P.sub.TX. The pre-selected and reserved sidelink resource is pre-empted. A new sidelink resource is re-selected from the candidate sidelink resource set.) [0087] a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2. Table 2: 1. The associated L1-RSRP measurement is above a (pre-)configured  SL-RSRP threshold, (Condition 2.2) The received SCI in slot t′.sub.m.sup.SL, or if “Resource  reservation field” is present in the received SCI the same SCI is  assumed to be received in slot t′.sub.m+q×P′.sub.rsvp_Rx.sup.SL, indicates a set of  resource blocks that overlaps R.sub.x,y+j×P′.sub.rsvp_Tx); selecting a first SL PRS resource from among the one or more candidate resources ([0086] Candidate resources are resources that belong to a resource pool, but exclude resources (e.g., resource exclusion) that were previously reserved, or potentially reserved by other UEs. The resources excluded are based on SCIs decoded in a sensing window and for which the UE measures a SL RSRP that exceeds a threshold. The threshold depends on the priority indicated in a SCI format and on the priority of the SL transmission. Therefore, sensing within a sensing window involves decoding the first stage SCI, and measuring the corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS. [0087] During the first step of the resource (re-)selection procedure, a UE can monitor slots in a sensing window [n−T.sub.0, n−T.sub.proc,0), where the UE monitors slots belonging to a corresponding sidelink resource pool that are not used for the UE's own transmission. To determine a candidate single-slot resource set to report to higher layers, a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2.), and transmitting a first SL PRS based on the first SL PRS resource (Abstract - A method of operating a user equipment (UE) includes transmitting, to another UE, a first SL PRS and a first SL control information associated with the first SL PRS. Farag does not explicitly teach: wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources . . . (ii) based on a correlation value related to the one or more candidate SL PRS resources being greater than or equal to a second threshold. However, in the same field of endeavor, Hou teaches: wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources ([0061-65]) . . . (ii) based on a correlation value related to the one or more candidate SL PRS resources being greater than or equal to a second threshold (Figs. 8-9, Step 420, [0081-83]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Farag to include the feature of correlation value based selection and a combination of Farag with Hou renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing correlation based selection). Regarding claim 10, Farag teaches: An apparatus configured to control a first user equipment, UE, the apparatus comprising: at least one processor; and at least one memory connected to the at least one processor and storing instructions that, based on being executed, cause the at least one processor to perform operations comprising: obtaining configuration information including information related to a sidelink (SL) positioning reference signal (PRS) configuration resource pool ([0066] A time unit for DL signaling, for UL signaling, or for SL signaling on a cell is one symbol. A symbol belongs to a slot that includes a number of symbols such as 14 symbols. A slot can also be used as a time unit. A bandwidth (BW) unit is referred to as a resource block (RB). One RB includes a number of sub-carriers (SCs). For example, a slot can have duration of one millisecond and an RB can have a bandwidth of 180 kHz and include 12 SCs with inter-SC spacing of 15 kHz. As another example, a slot can have a duration of 0.25 milliseconds and include 14 symbols and an RB can have a BW of 720 kHz and include 12 SCs with SC spacing of 60 kHz. An RB in one symbol of a slot is referred to as physical RB (PRB) and includes a number of resource elements (REs).); triggering resource selection in slot n ([0081] For resource (re-)selection or re-evaluation in slot n, a UE can determine a set of available single-slot resources for transmission within a resource selection window [n+T1, n+T.sub.2], such that a single-slot resource for transmission, R.sub.x,y is defined as a set of L.sub.subcH contiguous subchannels x+i, where i=0, 1, . . . , L.sub.subCH−1 in slot t.sub.y.sup.SL. T.sub.1 is determined by the UE such that, 0≤T.sub.1≤T.sub.proc,1.sup.SL, where T.sub.proc,1.sup.SL is a PSSCH processing time for example as defined in TS 38.214. T.sub.2 is determined by the UE such that T.sub.2min≤T.sub.2≤Remaining Packet Delay Budget, as long as T.sub.2min≤Remaining Packet Delay Budget, else T.sub.2 is equal to the Remaining Packet Delay Budget. T.sub.2min is configured by higher layers and depends on the priority of the SL transmission.); performing sensing within a sensing window (TABLE 2 1.Single slot resource R.sub.x,y, such that for any received SCI within the sensing window:  1. The associated L1-RSRP measurement is above a (pre-)configured  SL-RSRP threshold, where the SL-RSRP threshold depends on the  priority indicated in the received SCI and that of the SL transmission  for which resources are being selected.  2. (Condition 2.2) The received SCI in slot t′.sub.m.sup.SL, or if “Resource  reservation field” is present in the received SCI the same SCI is  assumed to be received in slot t′.sub.m+q×P′.sub.rsvp_Rx.sup.SL, indicates a set of  resource blocks that overlaps); determining a selection window and within the SL PRS resource pool ([0092] When pre-emption check is enabled by higher layers, a pre-emption check includes: (1) performing the first step of the SL resource selection procedure (as illustrated in 3GPP standard specification 38.214), which involves identifying candidate (available) sidelink resource set in a resource selection window as previously described;); determining one or more candidate resources within the selection window, after excluding one or more candidate SL PRS resources from the plurality of candidate SL PRS resources, wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources, (i) based on a number of the one or more candidate SL PRS resources that overlap with one or more reserved resources detected based on the sensing being greater than or equal to a first threshold ([0093] If the priority value P.sub.RX is less than a higher-layer configured threshold and the priority value P.sub.RX is less than the priority value P.sub.TX. The pre-selected and reserved sidelink resource is pre-empted. A new sidelink resource is re-selected from the candidate sidelink resource set.) [0087] a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2. Table 2: 1. The associated L1-RSRP measurement is above a (pre-)configured  SL-RSRP threshold, (Condition 2.2) The received SCI in slot t′.sub.m.sup.SL, or if “Resource  reservation field” is present in the received SCI the same SCI is  assumed to be received in slot t′.sub.m+q×P′.sub.rsvp_Rx.sup.SL, indicates a set of  resource blocks that overlaps R.sub.x,y+j×P′.sub.rsvp_Tx); selecting a first SL PRS resource from among the one or more candidate resources ([0086] Candidate resources are resources that belong to a resource pool, but exclude resources (e.g., resource exclusion) that were previously reserved, or potentially reserved by other UEs. The resources excluded are based on SCIs decoded in a sensing window and for which the UE measures a SL RSRP that exceeds a threshold. The threshold depends on the priority indicated in a SCI format and on the priority of the SL transmission. Therefore, sensing within a sensing window involves decoding the first stage SCI, and measuring the corresponding SL RSRP, wherein the SL RSRP can be based on PSCCH DMRS or PSSCH DMRS. [0087] During the first step of the resource (re-)selection procedure, a UE can monitor slots in a sensing window [n−T.sub.0, n−T.sub.proc,0), where the UE monitors slots belonging to a corresponding sidelink resource pool that are not used for the UE's own transmission. To determine a candidate single-slot resource set to report to higher layers, a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2.), and transmitting a first SL PRS based on the first SL PRS resource (Abstract - A method of operating a user equipment (UE) includes transmitting, to another UE, a first SL PRS and a first SL control information associated with the first SL PRS. Farag does not explicitly teach: wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources . . . (ii) based on a correlation value related to the one or more candidate SL PRS resources being greater than or equal to a second threshold. However, in the same field of endeavor, Hou teaches: wherein the one or more candidate SL PRS resources are excluded from the plurality of candidate SL PRS resources ([0061-65]) . . . (ii) based on a correlation value related to the one or more candidate SL PRS resources being greater than or equal to a second threshold (Figs. 8-9, Step 420, [0081-83]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Farag to include the feature of correlation value based selection and a combination of Farag with Hou renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing correlation based selection). Regarding claim 16, Farag teaches: wherein the selection window is determined based on at least one of a measurement gap (FIGs. 8-22 “Gap”) and a measurement window ([0148] In one example, the frequency span of SCI1+SCI2 is less than the frequency span of S-PRS, and S-PRS is transmitted in the same symbols as SCI1+SCI2 to complement the frequency span of SCI1+SCI2 to be the same size as that of S-PRS in other symbols.). Regarding claim 17, Farag teaches: wherein the information related to the SL PRS configuration includes information related to an SL PRS periodicity, and wherein the selection window is determined based on the SL PRS period (TABLE 2 1. Single slot resource R.sub.x,y, such that for any slot t′.sub.m.sup.SL not monitored within the sensing window with a hypothetical received SCI Format 1-0, with a “Resource reservation period” set to any periodicity value allowed by a higher layer parameter reseverationPeriodAllowed, and indicating all sub-channels of the resource pool in this slot). Regarding claim 18, Farag teaches: Farag does not explicitly teach: wherein the correlation value is measured based on a SL PRS sequence mapped to the one or more candidate SL PRS resources. However, in the same field of endeavor, Hou teaches: wherein the correlation value is measured based on a SL PRS sequence mapped to the one or more candidate SL PRS resources ([0081]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Frag to include the feature of correlation value based selection and a combination of Farag with Hou renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing correlation based selection). Regarding claim 19, Farag teaches: wherein the selection window is determined based on a processing time required for transmission of the first SL PRS ([0081] For resource (re-) selection or re-evaluation in slot n, a UE can determine a set of available single-slot resources for transmission within a resource selection window [n+T1, n+T.sub.2], such that a single-slot resource for transmission, R.sub.x,y is defined as a set of L.sub.subcH contiguous subchannels x+i, where i=0, 1, . . . , L.sub.subCH−1 in slot t.sub.y.sup.SL. T.sub.1 is determined by the UE such that, 0≤T.sub.1≤T.sub.proc,1.sup.SL, where T.sub.proc,1.sup.SL is a PSSCH processing time for example as defined in TS 38.214. T.sub.2 is determined by the UE such that T.sub.2min≤T.sub.2≤Remaining Packet Delay Budget, as long as T.sub.2min≤Remaining Packet Delay Budget, else T.sub.2 is equal to the Remaining Packet Delay Budget. T.sub.2min is configured by higher layers and depends on the priority of the SL transmission.). Regarding claim 21, Farag teaches: receiving control information through an SL PRS control channel (CCH) related to the SL PRS, wherein the one or more candidate SL PRS resources are excluded ([0087] . . . To determine a candidate single-slot resource set to report to higher layers, a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2.) from the plurality of candidate SL PRS resources, (i) based on the number of the one or more candidate SL PRS resources that overlap with the one or more reserved resources being greater than or equal to the first threshold, (Table 2 Condition 2.2) and (ii) based on reference signal received power (RSRP) related to the SL PRS CCH being greater than or equal to a threshold power (Table 2 Condition 2.1. The associated L1-RSRP measurement is above a (pre-) configured SL-RSRP threshold,). Regarding claim 23, Farag teaches: wherein the selection window is determined based on at least one of a measurement gap (FIGs. 8-22 “Gap”) and a measurement window ([0148] In one example, the frequency span of SCI1+SCI2 is less than the frequency span of S-PRS, and S-PRS is transmitted in the same symbols as SCI1+SCI2 to complement the frequency span of SCI1+SCI2 to be the same size as that of S-PRS in other symbols.). Regarding claim 24, Farag teaches: wherein the information related to the SL PRS configuration includes information related to an SL PRS periodicity, and wherein the selection window is determined based on the SL PRS period (TABLE 2 1. Single slot resource R.sub.x,y, such that for any slot t′.sub.m.sup.SL not monitored within the sensing window with a hypothetical received SCI Format 1-0, with a “Resource reservation period” set to any periodicity value allowed by a higher layer parameter reseverationPeriodAllowed, and indicating all sub-channels of the resource pool in this slot). Regarding claim 25, Farag does not explicitly teach: wherein the correlation value is measured based on a SL PRS sequence mapped to the one or more candidate SL PRS resources. However, in the same field of endeavor, Hou teaches: wherein the correlation value is measured based on a SL PRS sequence mapped to the one or more candidate SL PRS resources ([0081]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Farag to include the feature of correlation value based selection and a combination of Farag with Hou renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing correlation based selection). Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Farag in view of Hou and further in view of WIPO Publication No. 2022/147215 (hereinafter “Hui”). Regarding claim 6, ---Farag teaches: wherein based on the number of one or more candidate resources (i) remaining after the sensing and (ii) within the selection window is greater than or equal to a threshold value (Table 2). However, Farag does not explicitly show: after excluding the one or more candidate SL PRS resources being greater than or equal to a third threshold or that the first SL PRS resource is randomly selected within the remaining one or more candidate resources. However, in the same field of endeavor, Hou teaches after excluding the one or more candidate SL PRS resources (Fig. 8) being greater than or equal to a third threshold (Fig. 9 [0082] e.g., Th_2). Further, in the same field of endeavor, Hui teaches: the first SL PRS resource is randomly selected within the remaining one or more candidate resources ([0243] Referring to FIG. 26 and FIG. 27, in the resource selection action (e.g., the second action in FIG. 26), the wireless device (e.g., the higher layer of the wireless device) may select fourth resources from the remaining candidate resources of the candidate resource set (e.g., the set S.sub.A reported by the physical layer) for the one or more sidelink transmissions of the TB. In an example, the wireless device may randomly select the fourth resources from the remaining candidate resources of the candidate resource set. [0248] In an example, if the resource is indicated for re-evaluation by the wireless device (e.g., the physical layer of the wireless device), the higher layer of the wireless device may remove the resource from the set . In an example, if the resource is indicated for pre-emption by the wireless device (e.g., the physical layer of the wireless device), the higher layer of the wireless device may remove the resource from the set The higher layer of the wireless device may randomly select new time and frequency resources from the remaining candidate resources of the candidate resource set reported by the physical layer) for the removed resources . The higher layer of the wireless device may replace the removed resources by the new time and frequency resources.). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Farag to include the feature of random selection and a combination of Farag and Hou with Hui renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing random selection). Regarding claim 20, ---Farag teaches: wherein based on the number of one or more candidate resources (i) remaining after the sensing and (ii) within the selection window is greater than or equal to a threshold value (Table 2). However, Farag does not explicitly show: after excluding the one or more candidate SL PRS resources being greater than or equal to a third threshold or that the first SL PRS resource is randomly selected within the remaining one or more candidate resources. However, in the same field of endeavor, Hou teaches after excluding the one or more candidate SL PRS resources (Fig. 8) being greater than or equal to a third threshold (Fig. 9 [0082] e.g., Th_2). Further, in the same field of endeavor, Hui teaches: the first SL PRS resource is randomly selected within the remaining one or more candidate resources ([0243] Referring to FIG. 26 and FIG. 27, in the resource selection action (e.g., the second action in FIG. 26), the wireless device (e.g., the higher layer of the wireless device) may select fourth resources from the remaining candidate resources of the candidate resource set (e.g., the set S.sub.A reported by the physical layer) for the one or more sidelink transmissions of the TB. In an example, the wireless device may randomly select the fourth resources from the remaining candidate resources of the candidate resource set. [0248] In an example, if the resource is indicated for re-evaluation by the wireless device (e.g., the physical layer of the wireless device), the higher layer of the wireless device may remove the resource from the set . In an example, if the resource is indicated for pre-emption by the wireless device (e.g., the physical layer of the wireless device), the higher layer of the wireless device may remove the resource from the set The higher layer of the wireless device may randomly select new time and frequency resources from the remaining candidate resources of the candidate resource set reported by the physical layer) for the removed resources . The higher layer of the wireless device may replace the removed resources by the new time and frequency resources.). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Farag to include the feature of random selection and a combination of Farag and Hou with Hui renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., providing random selection). Claims 8 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Farag in view of Hou and further in view of U.S. Publication No. 2025/0024411 (hereinafter “Jiang”). Regarding claim 8, ---Farag teaches: receiving, by the first device, control information through an SL PRS control channel (CCH) related to the SL PRS, wherein based on the number of overlapped REs between the one or more reserved resources (Table 2 Condition 2.2) and the one or more candidate resources being greater than or equal to a threshold, and based on the reference signal received power (RSRP) related with the SL PRS CCH being greater than or equal to a threshold power (Table 2 Condition 2.1. The associated L1-RSRP measurement is above a (pre-) configured SL-RSRP threshold,), the one or more candidate resources is excluded ([0087] . . . To determine a candidate single-slot resource set to report to higher layers, a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2.).. Jiang discloses a sidelink positioning method (see e.g., Title). Jiang discloses selection based on RSSI ([0084] In some scenarios, the UE should also do sensing for SL-PRS. For SL-PRS sensing, a preconfigured or a configured subset of SL-PRS for sensing can be used. The receiving configuration is mapped to the transmit configuration. One or more of the following conditions will be present: 1) only sensing a subset of preconfigured or configured SL-PRS; 2) only a subset of preconfigured or configured SL-PRS resource sets is sensed. For example, if the UE receives RSSI/RSRP/etc. in the subset of SL-PRS resources is larger than a threshold, all resources are not available in the selection window; 3) SL-PRS symbols of a resource or of each resource where only a subset SL-PRS symbols of preconfigured or configured SL-PRS resources is sensed.). And that RSSI and RSRP can be used interchangeably (“RSSI/RSRP/etc.”). Thus, the combination of Farag and Hou and Jiang each sidelink positioning and selecting a resource. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the RSSI of Jiang could have been substituted for the RSRP of Farag because both are an indication of signal strength. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of using signal strength for the selection. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the RSSI techniques in Jiang for the RSRP techniques in Farag according to known methods to yield the predictable result of allowing selection by signal strength. Regarding claim 22, ---Farag teaches: receiving control information through an SL PRS control channel (CCH) related to the SL PRS, wherein based on the number of overlapped REs between the one or more reserved resources (Table 2 Condition 2.2) and the one or more candidate resources being greater than or equal to a threshold, and based on the reference signal received power (RSRP) related with the SL PRS CCH being greater than or equal to a threshold power (Table 2 Condition 2.1. The associated L1-RSRP measurement is above a (pre-) configured SL-RSRP threshold,), the one or more candidate resources is excluded ([0087] . . . To determine a candidate single-slot resource set to report to higher layers, a UE excludes (e.g., resource exclusion) from the set of available single-slot resources for SL transmission within a resource pool and within a resource selection window as shown in TABLE 2.).. Jiang discloses a sidelink positioning method (see e.g., Title). Jiang discloses selection based on RSSI ([0084] In some scenarios, the UE should also do sensing for SL-PRS. For SL-PRS sensing, a preconfigured or a configured subset of SL-PRS for sensing can be used. The receiving configuration is mapped to the transmit configuration. One or more of the following conditions will be present: 1) only sensing a subset of preconfigured or configured SL-PRS; 2) only a subset of preconfigured or configured SL-PRS resource sets is sensed. For example, if the UE receives RSSI/RSRP/etc. in the subset of SL-PRS resources is larger than a threshold, all resources are not available in the selection window; 3) SL-PRS symbols of a resource or of each resource where only a subset SL-PRS symbols of preconfigured or configured SL-PRS resources is sensed.). And that RSSI and RSRP can be used interchangeably (“RSSI/RSRP/etc.”). Thus, the combination of Farag and Hou and Jiang each sidelink positioning and selecting a resource. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the RSSI of Jiang could have been substituted for the RSRP of Farag because both are an indication of signal strength. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of using signal strength for the selection. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the RSSI techniques in Jiang for the RSRP techniques in Farag according to known methods to yield the predictable result of allowing selection by signal strength. 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 JUSTIN BARRY whose telephone number is (571)272-0201. The examiner can normally be reached 8:00am EST to 5:00pm EST. 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, Jinsong HU can be reached at (571) 272-3965. 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. /JAB/ Examiner, Art Unit 2643 /JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

May 17, 2023
Application Filed
Aug 22, 2025
Non-Final Rejection — §103, §112
Nov 20, 2025
Response Filed
Feb 06, 2026
Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598469
DYNAMIC IDENTIFICATION GENERATION FOR TELECOMMUNICATIONS NETWORK USER EQUIPMENT
2y 5m to grant Granted Apr 07, 2026
Patent 12578947
METHODS AND APPARATUS FOR TRANSPARENT SWITCHING OF SERVICE FUNCTION IDENTIFIERS
2y 5m to grant Granted Mar 17, 2026
Patent 12556942
SYSTEM AND METHOD FOR SCALABLE MACHINE LEARNING MODELING
2y 5m to grant Granted Feb 17, 2026
Patent 12549952
SUBSCRIBER IDENTITY MODULE (SIM) CARD FEATURE-BASED NON-FUNGIBLE TOKEN (NFT)
2y 5m to grant Granted Feb 10, 2026
Patent 12532183
APPLYING SUBSCRIBER-ID BASED SECURITY, EQUIPMENT-ID BASED SECURITY, AND/OR NETWORK SLICE-ID BASED SECURITY WITH USER-ID AND SYSLOG MESSAGES IN MOBILE NETWORKS
2y 5m to grant Granted Jan 20, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+40.0%)
3y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 12 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month