Prosecution Insights
Last updated: July 17, 2026
Application No. 18/258,411

TERMINAL AND COMMUNICATION METHOD

Non-Final OA §103
Filed
Jun 20, 2023
Priority
Jan 18, 2021 — nonprovisional of PCTJP2021001537
Examiner
SOHRAB, MALICK ARIF
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
3 (Non-Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
163 granted / 186 resolved
+29.6% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
214
Total Applications
across all art units

Statute-Specific Performance

§103
98.0%
+58.0% vs TC avg
§102
0.6%
-39.4% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 186 resolved cases

Office Action

§103
DETAILED ACTION 1. This office action is a response to the Application/Control Number:18/258,411 filed on 06/20/2023. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/18/2026 has been entered. Claims Status 3. This office action is based upon claims received on 03/18/2026, which replace all prior or other submitted versions of the claims. -Claims 1-6 are cancelled. -Claims 7, 10 are amended. -Claims 7-10 are pending. -Claims 7-10 are rejected. Notice of Pre-AIA or AIA Status 4. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority 5. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. 6. Acknowledgment is made of a 371 of PCT/JP2021/001537, filed 01/18/2021. Response to Amendments/Remarks 7. Applicant's remarks/arguments, see page 4-8, filed on 03/18/2026, with respect to Claim Rejections – 35 USC § 103 have been considered but are moot because the arguments do not apply to the new grounds of rejection being used in the current rejection. Furthermore, remarks with respect to any applicable Dependent Claims have been considered, and are moot for the same reasons noted above, and are not persuasive at least via dependency to the independent claims and via individual rejections addressing the specific claims. The rejection has been revised and set forth below according to the amended claims (see Office Action). Claim Rejections - 35 USC § 103 8. 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. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. 9. Claims 7, 8, 10 are rejected under 35 U.S.C. 103 as being unpatentable over LIN (US 20230371070 A1) - provisional 63/137,965 filed Jan 15, 2021, i.e. “LIN”, in view of Zhang (US 20240214940 A1), i.e. “Zhang”. Regarding Claim 7. (Currently Amended) LIN teaches: A terminal (LIN – FIG. 1 & ¶0034 […] the processor 11 is configured to receive, by a physical layer of the UE 10, a request and/or a configuration from a higher layer of the UE 10, to determine a subset of resources of a sidelink resource pool as part of partial sensing based on a mode 2 resource allocation for sidelink transmission; NOTE--DISCLOSURE & TEACHING: per FIG. 1 & 0034 i.e. UE 10 reads on: A terminal) comprising: a processor configured to perform partial sensing (LIN FIG. 1 & ¶0034 See above; NOTE--DISCLOSURE & TEACHING: per ¶0034 i.e. processor 11 reads on: comprising: a processor per ¶0034 i.e. is configured to receive, by a physical layer of the UE 10, a request and/or a configuration from a higher layer of the UE 10, to determine a subset of resources of a sidelink resource pool i.e. as part of partial sensing reads on: configured to perform partial sensing ) in a slot (LIN FIG. 1 & ¶0034 See above […] The processor 11 is configured to determine a resource selection window and/or select a number of candidate slots in the sidelink resource pool according to a time bound; ¶0043 […] a UE physical layer receives a request or a configuration from a UE higher layer to report a subset of resources of a sidelink resource pool as part of partial sensing-based UE autonomous resource allocation (i.e., in sidelink mode 2) for PSCCH/PSSCH transmission. When the resource allocation procedure is triggered in slot n, one or more of the following parameters are provided by UE higher layer. Some of the following parameters may be directly configured by a network serving node/base station via radio resource control (RRC) […] a set of one or more possible reservation period allowed for the indicated SL resource pool, and/or a SL discontinuous reception (DRX) ON/OFF period (active/inactive timer) ; NOTE--DISCLOSURE & TEACHING: per ¶0034 i.e. The processor 11 is configured to determine a resource selection window and/or select a number of candidate slots and per ¶0043 i.e. When the resource allocation procedure is triggered in slot n reads on: in a slot in the sidelink resource pool according to a time bound) in a DRX (Discontinuous reception) sleep period (LIN - ¶0034 & ¶0043 see above; NOTE--DISCLOSURE & TEACHING: per ¶0043 i.e. When the resource allocation procedure is triggered in slot n, one or more of the following parameters are provided by UE higher layer i.e. a SL discontinuous reception (DRX) ON/OFF period (active/inactive timer) i.e. the resource allocation procedure is triggered in slot n and an associated OFF period and inactive timer reads on: in a DRX (Discontinuous reception) sleep period ); and a transmitter configured to transmit (LIN FIG. 1 & ¶0027 […] transceiver 13 or 23 is operatively coupled with the processor 11 or 21 and transmits and/or receives a radio signal; NOTE--DISCLOSURE & TEACHING: per ¶0034 i.e. transceiver 13 or 23 is operatively coupled with the processor 11 or 21 and transmits i.e. a radio signal reads on: and a transmitter configured to transmit ) a control channel for device-to-device communications by using a resource selected by a higher layer from a set of resource candidates determined based on a result of the partial sensing. (LIN & ¶0043 See above; NOTE--DISCLOSURE & TEACHING: per ¶0043 […] a UE physical layer receives a request or a configuration from a UE higher layer to report a subset of resources of a sidelink resource pool as part of partial sensing-based UE autonomous resource allocation (i.e., in sidelink mode 2) for i.e. PSCCH/PSSCH transmission reads on: a control channel for device-to-device communications , where per ¶0043 i.e. a UE physical layer receives a request or a configuration from a UE higher layer reads on: by using a resource selected by a higher layer and therefore the resources are selected per configuration from or by the higher layer of the UE. Furthermore per ¶0043 that resource allocation parameters may also be i.e. configured by a network serving node/base station via radio resource control (RRC) also alternately reads on selected by a higher layer as the claim limitation does not recite what “a higher layer entails”. Furthermore i.e. to report a subset of resources of a sidelink resource pool as part of partial sensing-based UE autonomous resource allocation reads on: from a set of resource candidates determined based on a result of the partial sensing. ) While LIN per ¶0043 i.e. When the resource allocation procedure is triggered in slot n, one or more of the following parameters are provided by UE higher layer including i.e. a SL discontinuous reception (DRX) ON/OFF period (active/inactive timer), implies that the allocation triggered in slot n is associated with parameter indicating an associated OFF period and inactive timer and therefore teaches a slot in a DRX (Discontinuous reception) sleep period, assuming arguendo i.e. LIN does not appear to explicitly teach or strongly suggest (i.e. LIN implies - see italicized portions): perform partial sensing in a slot in a DRX (Discontinuous reception) sleep period; Zhang teaches: configured to perform partial sensing in a slot in a DRX (Discontinuous reception) sleep period (Zhang FIG. 2 & ¶0142 […] reserve periodic resources using SCI format 1-A. Tx-UE may reserve periodic resources without considering whether the resource is in On-Duration or Off Duration.; 0151 […] DRX process in transmission (retransmission) and reception, where Tx-UE transmits initial TB in On-Duration and retransmits the same TB in Off-Duration ; ¶0165 […] Tx-UE is supposed to reserve up to two resources as retransmission resources when transmitting PSCCH. ; FIG. 9 depicts sensing slots slot 1, slot2 , slot 3 during off duration & ¶0218 […] where Tx-UE-A (i.e., the first transmitting UE) transmits a periodic TB based on reserved periodic resources, while Tx-UE-B (i.e., the second transmitting UE) attempts to use a partial sensing mechanism to sense sidelink channels. It is worth noting that in this embodiment, the Tx-UE-B needs to transmit periodic or non-periodic services […] ; ¶0219 […] In order to perform sensing, the Tx-UE-B only needs to wake up and sense regularly reserved resource channels of the Tx-UE-A; ¶0220 […] Once the Tx-UE-B fails to detect SCI, the Tx-UE-B will start drx-PeriodSensingTimer and wake up to detect PSCCH in each slot. ; ¶0247 a sidelink transmission resource pool may be (pre)configured based […] partial sensing […] to achieve packet transmission. […] the Tx-UE may use partial sensing for long-period services through combination, while use random resource selection for short-period services; ¶0248] Periodic partial sensing and non-periodic partial sensing mechanisms may usually be used simultaneously […] because the Tx-UE might have periodic or non-periodic traffic, and the sensing UE has to simultaneously capture and infer reserved resource information of both traffic types ; NOTE--DISCLOSURE & TEACHING: per ¶0218 i.e. Tx-UE-B (i.e., the second transmitting UE) attempts to use a partial sensing mechanism to sense sidelink channels reads on: configured to perform partial sensing , where i.e. FIG. 9 depicts sensing slots slot 1, slot2 , slot 3 during off duration reads on: in a slot in a DRX (Discontinuous reception) sleep period where DRX-off duration pertains to a DRX (Discontinuous reception) sleep period ); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of LIN with teachings of Zhang, since Zhang enables a sensing Tx-UE be woken up in different sensing clusters to perform channel sensing, where if sensing UEs only consider these sensing clusters as channel sensing, power saving efficiency may be greatly improved (Zhang ¶0223). Regarding Claim 8. (Previously Presented) LIN in view of Zhang teaches: The terminal according to claim 7, furthermore LIN teaches: further comprising: a receiver configured to receive (LIN FIG. 1 & ¶0027 See claim 7; NOTE--DISCLOSURE & TEACHING: per ¶0034 i.e. transceiver 13 or 23 is operatively coupled with the processor 11 or 21 and receives i.e. a radio signal reads on: further comprising: a receiver configured to receive) the control channel for the device-to-device communications for the partial sensing in the slot (LIN - ¶0048 […] reporting to the higher layer of the UE, a set of candidate single-slot resources after exclusion of resources. In some examples, a candidate single-slot resource should be excluded from an initialized set of candidate single-slot resources when one of the following conditions is met. In some examples, the candidate single-slot resource overlaps with a resource indicated in a received SCI format 1-A and a measured RSRP of the SL transmission corresponding to the received SCI is higher than a corresponding RSRP threshold.; NOTE--DISCLOSURE & TEACHING: per ¶0048 i.e. the candidate single-slot resource overlaps with a resource indicated in a received SCI format 1-A reads on: receive the control channel for the device-to-device communications for the partial sensing in the slot ) in the sleep period (LIN - ¶0034 & ¶0043 see Claim 7; NOTE--DISCLOSURE & TEACHING: per ¶0043 i.e. When the resource allocation procedure is triggered in slot n, one or more of the following parameters are provided by UE higher layer i.e. a SL discontinuous reception (DRX) ON/OFF period (active/inactive timer) i.e. the resource allocation procedure is triggered in slot n and an associated OFF period and inactive timer reads on: in the sleep period ). While LIN per ¶0043 i.e. When the resource allocation procedure is triggered in slot n, one or more of the following parameters are provided by UE higher layer i.e. a SL discontinuous reception (DRX) ON/OFF period (active/inactive timer) implies that the allocation triggered in slot n is associated with parameter indicating an associated OFF period and inactive timer and therefore LIN teaches the slot in the sleep period, however assuming arguendo i.e. LIN does not appear to explicitly teach or strongly suggest (i.e. LIN implies - see italicized portions): the slot in the sleep period; furthermore Zhang teaches: comprising: configured to receive the control channel for the device-to-device communications for the partial sensing in the slot in the sleep period (Zhang FIG. 9 & ¶0220 See claim 7; NOTE--DISCLOSURE & TEACHING: per ¶0220 i.e. Once the Tx-UE-B fails to detect SCI, the Tx-UE-B will start drx-PeriodSensingTimer and wake up to detect PSCCH in each slot. If drx-PeriodSensingTimer expires, or if the Tx-UE-B successfully detects PSCCH in a new slot, where i.e. Tx-UE-B fails to detect SCI, wake up to detect PSCCH in each slot reads on: comprising: configured to receive the control channel for the device-to-device communications for the partial sensing in the slot where per FIG. 9 depicts sensing slots slot 1, slot2 , slot 3 during off duration reads on: in the sleep period). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of LIN in view of Zhang, further with the teachings of Zhang, since Zhang enables a sensing Tx-UE be woken up in different sensing clusters to perform channel sensing, where if sensing UEs only consider these sensing clusters as channel sensing, power saving efficiency may be greatly improved (Zhang ¶0223). Regarding Claim 10. (Currently Amended) LIN teaches: A communication method performed by a terminal (LIN – FIG. 1 & ¶0034 See claim 7; ¶0042 […] resource selection method of setting an upper limit to the resource selection timeframe/opportunity, the method comprises of the following procedure for a SL transmitting UE. Note that, the method does not need to carried out/performed in the same sequence order as described below ; ¶0043 See claim 7; NOTE--DISCLOSURE & TEACHING: per¶0043 & per ¶0034 i.e. to receive, by a physical layer of the UE 10, a request and/or a configuration from a higher layer of the UE 10 reads on: A communication method . Furthermore per FIG. 1 & per ¶0043 and per ¶0034 i.e. by a physical layer of the UE & from a higher layer of the UE 10 reads on: performed by a terminal), (See the rejection of Claim 7, Claim 10 recites similar and parallel features to Claim 7, and the rationale for the rejection of Claim 7 applies similarly to Claim 10. Where applicable, minor differences between claims are noted as appropriate) the communication method comprising: performing partial sensing in a slot in a DRX (Discontinuous reception) sleep period; and transmitting a control channel for device-to-device communications by using a resource selected by a higher layer from a set of resource candidates determined based on a result of the partial sensing(See the rejection of Claim 7, Claim 10 recites similar and parallel features to Claim 7, and the rationale for the rejection of Claim 7 applies similarly to Claim 10. Where applicable, minor differences between claims are noted as appropriate). 10. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over LIN in view of Zhang, further in view of LEE et al. (US 20230363052 A1), i.e. “LEE”. Regarding Claim 9. (Previously Presented) LIN in view of Zhang teaches: The terminal according to claim 8, furthermore LIN teaches: wherein the receiver does perform reception of a shared channel for the device-to-device communications (LIN - ¶0048 See claim 8; NOTE--DISCLOSURE & TEACHING: per ¶0048 i.e. the candidate single-slot resource overlaps with a resource indicated in a received SCI format 1-A and i.e. a measured RSRP of the SL transmission corresponding to the received SCI is higher than a corresponding RSRP threshold reads on: wherein the receiver does perform reception of a shared channel for the device-to-device communications); While LIN per ¶0043 i.e. When the resource allocation procedure is triggered in slot n, one or more of the following parameters are provided by UE higher layer i.e. a SL discontinuous reception (DRX) ON/OFF period (active/inactive timer) implies that the allocation triggered in slot n is associated with parameter indicating an associated OFF period and inactive timer and therefore combined with teachings of ¶0048 LIN teaches i.e. a resource indicated in a received SCI format 1-A and i.e. a measured RSRP of the SL transmission corresponding to the received SCI i.e. reception of a shared channel communications in the slot associated with resource allocation procedure implying in the sleep period, assuming arguendo i.e. LIN does not appear to explicitly teach or strongly suggest (i.e. LIN implies - Note: see italicized portions): reception of a shared channel communications in the slot in the sleep period; furthermore Zhang teaches: perform reception of a channel for the device-to-device communications in the slot in the sleep period (Zhang FIG. 9 & ¶0220 See claim 7; NOTE--DISCLOSURE & TEACHING: per ¶0220 i.e. Once the Tx-UE-B fails to detect SCI, the Tx-UE-B will start drx-PeriodSensingTimer and wake up to detect PSCCH in each slot. If drx-PeriodSensingTimer expires, or if the Tx-UE-B successfully detects PSCCH in a new slot, where i.e. Tx-UE-B fails to detect SCI, wake up to detect PSCCH in each slot reads on: perform reception of a channel for the device-to-device communications in the slot where per FIG. 9 depicts sensing slots slot 1, slot2 , slot 3 during off duration reads on: in the sleep period). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of LIN in view of Zhang, further with the teachings of Zhang, since Zhang enables a sensing Tx-UE be woken up in different sensing clusters to perform channel sensing, where if sensing UEs only consider these sensing clusters as channel sensing, power saving efficiency may be greatly improved (Zhang ¶0223). While LIN in view of Zhang teaches: wherein the receiver does perform reception of a shared channel for the device-to-device communications in the slot in the sleep period; LIN in view of Zhang does not appear to explicitly teach or strongly suggest (Note: see italicized portions): does not perform reception of a shared channel; LEE teaches: wherein the receiver does not perform reception of a shared channel for the device-to-device communications in the sleep period (LEE - ¶0255 […] UE may further perform resource exclusion in consideration of the SL DRX configuration. For example, if the available time resource indicated by the higher layer of the UE on which the SL DRX is set corresponds to the off-duration interval of the destination UE, the receiving UE may not receive the control and data signal from the SL physical channel (PSCCH/PSSCH). That is, the receiving UE in an inactive state may not be able to monitor the SCI transmitted by the transmitting UE; NOTE--DISCLOSURE & TEACHING: i.e. UE may not receive the control and data signal from the SL physical channel (PSCCH/PSSCH) reads on: wherein the receiver does not perform reception of a shared channel for the device-to-device communications and i.e. if the available time resource indicated by the higher layer of the UE on which the SL DRX is set corresponds to the off-duration interval reads on: in the sleep period ) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of LIN in view of Zhang, with teachings of LEE, since LEE enables performance of the P-UE be improved, since a random resource selection-based resource for P-UE is independently configured without being affected by other resources (e.g., a partial sensing-based resource for the P-UE and/or a full sensing-based resource for V-UE) (LEE ¶0207). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALICK A SOHRAB whose telephone number is (571)272-4347. The examiner can normally be reached on Mo-Thu & Alternate Fri 7:30 am - 5:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached on (571) 272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M.A.S./ Examiner, Art Unit 2414 04/08/2026. /EDAN ORGAD/Supervisory Patent Examiner, Art Unit 2414
Read full office action

Prosecution Timeline

Jun 20, 2023
Application Filed
Jan 23, 2025
Response after Non-Final Action
Jul 09, 2025
Non-Final Rejection mailed — §103
Oct 09, 2025
Response Filed
Dec 18, 2025
Final Rejection mailed — §103
Mar 18, 2026
Request for Continued Examination
Mar 25, 2026
Response after Non-Final Action
Apr 16, 2026
Non-Final Rejection mailed — §103 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+20.0%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 186 resolved cases by this examiner. Grant probability derived from career allowance rate.

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