Prosecution Insights
Last updated: April 19, 2026
Application No. 18/277,040

METHOD AND APPARATUS FOR DISCONTINUOUS RECEPTION

Non-Final OA §101§102§103§112
Filed
Aug 11, 2023
Examiner
GEORGE, AYANAH S
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
93%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
431 granted / 498 resolved
+28.5% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
31 currently pending
Career history
529
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 498 resolved cases

Office Action

§101 §102 §103 §112
CTNF 18/277,040 CTNF 90883 DETAILED ACTION This action is a response to an application filed on 8/11/23 in which claims 1, 3-20, 22-30, 32, 34 and 35 are pending. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 34 and 35 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed towards a computer program product. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim states “the device comprises at least threshold percentage of reception terminal devices” the examiner is interpreting this as “the device comprises at least a threshold percentage of reception devices” meaning there exists at least one reception terminal. Proper clarification is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim(s) 1, 3-8, 10-18, 20, 22-30, 32, 34 and 35 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ko et al. (Pub. No.: 2023/0337318), herein Ko . As to claim 1 , Ko teaches the method performed by a first terminal device, comprising: determining a time period during which at least one second terminal device is estimated in an active state as a deterministic active time period (Ko [0255] In step S 1630 , the first device may transmit, to the at least one second device, second SCI including information related to the SL DRX configuration and a destination ID through the PSSCH. In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device. [0255] the SL DRX configuration may include information related to a DRX cycle and information related to an active time.) ; and transmitting data to the at least one second terminal device during the deterministic active time period, wherein the first terminal device and the at least one second terminal device belong to a groupcast group (Ko [0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period and [0255] In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device) As to claim 20 , Ko teaches the method performed by a network device, comprising: receiving information related to a deterministic active time period from a first terminal device, wherein during the deterministic active time period, at least one second terminal device is estimated in an active state period (Ko [0255] In step S 1630 , the first device may transmit, to the at least one second device, second SCI including information related to the SL DRX configuration and a destination ID through the PSSCH. In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device. [0255] the SL DRX configuration may include information related to a DRX cycle and information related to an active time) ; and transmitting information regarding a scheduled transmission of new data and/or retransmit data to the first terminal device based on the information related to the deterministic active time period, wherein the first terminal device and the at least one second terminal device belong to a groupcast group (Ko [0097] For example, the transmitting UE may transmit the entirety or part of information described below to the receiving UE through the SCI. [0105] New data indicator (NDI) information [ 0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period [0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period and [0255] In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device) As to claim 30 , Ko teaches the first terminal device comprising: a processor and a memory coupled to the processor, said memory containing instructions executable by said processor, whereby said first terminal device is operative to (Ko Fig. 19 First Device processor and memory) : determine a time period during which at least one second terminal device is estimated in an active state as a deterministic active time period (Ko [0255] In step S 1630 , the first device may transmit, to the at least one second device, second SCI including information related to the SL DRX configuration and a destination ID through the PSSCH. In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device. [0255] the SL DRX configuration may include information related to a DRX cycle and information related to an active time) ; and transmit data to the at least one second terminal device during the deterministic active time period (Ko [0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period and [0255] In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device) As to claim 32 , Ko teaches a network device, comprising: a processor (Ko Fig. 21 processor) ; and a memory coupled to the processor, said memory containing instructions executable by said processor, whereby said network device is operative to (Ko Fig. 21 memory and processor) : receive information related to a deterministic active time period from a first terminal device, wherein during the deterministic active time period, at least one second terminal device is estimated in an active state (Ko [0255] In step S 1630 , the first device may transmit, to the at least one second device, second SCI including information related to the SL DRX configuration and a destination ID through the PSSCH. In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device. [0255] the SL DRX configuration may include information related to a DRX cycle and information related to an active time.) ; and transmit information regarding a scheduled transmission of new data and/or retransmit data to the first terminal device based on the information related to the deterministic active time period (Ko [0097] For example, the transmitting UE may transmit the entirety or part of information described below to the receiving UE through the SCI. [0105] New data indicator (NDI) information [ 0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period [0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period and [0255] In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device) As to claim 3 , Ko teaches the method according to claim 1, wherein the at least one second terminal device comprises at least threshold percent of reception terminal devices in the groupcast group (KO [0199] the group header UE may adjust/determine the size of the group based on the selected DRX cycle configuration. For example, after the group header UE selects the DRX cycle configuration corresponding to ‘group size=N’ and shares it with the group member UE(s), if other UEs additionally want to join the group, the group header UE may reject join requests of other UEs, and the group header UE may maintain the size of the group within the maximum required size. Fig. 7 N = 2 (threshold percentage)) Claim 22 is rejected for the same reasons stated in claim 3. As to claim 4 , Ko teaches the method according to claim 3, wherein a threshold is signaled or preconfigured to the first terminal device (Ko [0197]] For example, the DRX cycle configuration may be determined/selected/configured based on the number of UEs belonging to the group (i.e., size of the group). [0199] the group header UE may maintain the size of the group within the maximum required size) Claim 23 is rejected for the same reasons stated in claim 4. As to claim 5 , Ko teaches the method according to claim 1, wherein transmitting data to the at least one second terminal device during the deterministic active time period comprises: transmitting the data to the at least one second terminal device during the deterministic active time period by using a groupcast communication (Ko [0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period and [0255] In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device) As to claim 6 , Ko teaches the method according to claim 1, wherein transmitting data to the at least one second terminal device during the deterministic active time period comprises: transmitting new data to the at least one second terminal device only during the deterministic active time period (Ko [0097] For example, the transmitting UE may transmit the entirety or part of information described below to the receiving UE through the SCI. [0105] New data indicator (NDI) information [ 0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period) As to claim 7 , Ko teaches the method according to claim 1, wherein the data comprises at least one of: new data; or retransmit data (Ko [0097] the transmitting UE may transmit the entirety or part of information described below to the receiving UE through the SCI. Herein, for example, the transmitting UE may transmit the entirety or part of the information described below to the receiving UE through the first SCI and/or the second SCI. [0105] New data indicator (NDI) information, and/or [0106] Redundancy version (RV) information) As to claim 8 , Ko teaches the method according to claim 1, wherein the deterministic active time period is determined based on at least one of: a sidelink discontinuous reception, DRX, on-duration timer of the at least one second terminal device is running (Ko [0131] If a DRX cycle is configured, an active time includes the time while: [0132] drx-onDurationTimer or drx-InactivityTimer or drx-RetransmissionTimerDL or drx-RetransmissionTimerUL or ra-ContentionResolutionTimer is running) ; at least one time occasion determined based on resource reservation period information for the at least one second terminal device; a sidelink DRX inactivity timer of the at least one second terminal device is running; the first terminal device just sent link control information for new data transmission to the at least one second terminal device; a random access contention resolution timer is running in the first terminal device; a time window to monitor random access response after transmission of a first random access message is running in the first terminal device; a scheduling request is sent on uplink control channel and is pending in the first terminal device; a downlink control channel indicating a new transmission addressed to the first terminal device has not been received after successful reception of a random access response for a random access preamble not selected by the first terminal device among contention-based random access preamble; a measurement report of the at least one second terminal device and/or the first second terminal device; or a sensing result of the at least one second terminal device and/or the first second terminal device. As to claim 10 , Ko teaches the method according to claim 1, wherein during the deterministic active time period, the method further comprises: transmitting information related to the deterministic active time period to a network device (Ko [0196] For example, if the group header UE in the group selects the index/information related to the DRX cycle configuration to be used by group member UE(s), the group header UE may transmit/share the index related to the selected DRX cycle configuration to group member UE(s)) As to claim 11 , Ko teaches the method according to claim 10, wherein the information related to the deterministic active time period comprises at least one of: the deterministic active time period (Ko [0196] For example, if the group header UE in the group selects the index/information related to the DRX cycle configuration to be used by group member UE(s), the group header UE may transmit/share the index related to the selected DRX cycle configuration to group member UE(s) [0255] the SL DRX configuration may include information related to a DRX cycle and information related to an active time) ; ; or a preference to be scheduled for transmission of new data and/or retransmit data during the deterministic active time period. Claim 24 is rejected for the same reasons stated in claim 11. As to claim 12 , Ko teaches the method according to claim 11, further comprising: receiving information regarding a scheduled transmission of new data and/or retransmit data from the network device (Ko [0097] For example, the transmitting UE may transmit the entirety or part of information described below to the receiving UE through the SCI. [0105] New data indicator (NDI) information [ 0198] the UE uses the zone ID information mixed with the ID information, when selecting a transmission resource by always using only a specific time domain within an active time period) As to claim 13 , Ko teaches the method according to claim 11, wherein the deterministic active time period comprises an active start time and an active end time (Ko Fig. 10 on duration (active start and end time)) Claim 25 is rejected for the same reasons stated in claim 12. As to claim 14 , Ko teaches the method according to claim 1, further comprising: determining a time period during which the at least one second terminal device is not estimated in an active state as a non deterministic active time period (Ko [0186] Meanwhile, a DRX cycle may include (i) an active time when the UE monitors a transmission channel in an awake mode and, if necessary, detects/decodes an SL channel, and (ii) an inactive time when the UE is in a sleep mode (i.e., the UE does not need to monitor a channel). ; and transmitting information related to the non deterministic active time period to a network device (Ko [0196] For example, if the group header UE in the group selects the index/information related to the DRX cycle configuration to be used by group member UE(s), the group header UE may transmit/share the index related to the selected DRX cycle configuration to group member UE(s)) As to claim 15 , Ko teaches the method according to claim 14, wherein the information related to the non deterministic active time period comprises at least one of: the non deterministic active time period (Ko (Ko [0186] Meanwhile, a DRX cycle may include (i) an active time when the UE monitors a transmission channel in an awake mode and, if necessary, detects/decodes an SL channel, and (ii) an inactive time when the UE is in a sleep mode (i.e., the UE does not need to monitor a channel)) or a preference to not be scheduled for transmission of new data during the non deterministic active time period. Claim 27 is rejected for the same reasons stated in claim 15. As to claim 16 , Ko teaches the method according to claim 15, further comprising: receiving information regarding a scheduled transmission of retransmit data from the network device (Ko [0197] For example, the DRX cycle configuration may be determined/selected/configured based on the number of UEs belonging to the group (i.e., size of the group). In this case, timer value(s) such as OnDurationTimer, InactivityTimer, and/or RetransmissionTimer (information regarding a scheduled transmission of retransmit data) included in an active time within a DRX cycle may be determined/selected/set based on the size of the group) As to claim 17 , Ko teaches the method according to claim 15, wherein the non deterministic active time period comprises an inactive start time and an inactive end time (Ko Fig. 10 opportunity for DRX (inactive start and in active end time)) Claim 28 is rejected for the same reasons stated in claim 17. As to claim 18 , Ko teaches the method according to claim 1, wherein the information related to the deterministic active time period and/or information related to an non deterministic active time period is transmitted to a network device in at least one of: a radio resource control, RRC, signaling (Ko [0119] The UE may receive DRX configuration information from the gNB through RRC signaling and operate as DRX through a reception of the (long) DRX command MAC CE) a medium access control, MAC, control element, CE, a control protocol data unit, PDU, of a protocol layer, an adaptation layer, or a layer 1 signaling. Claim 29 is rejected for the same reasons stated in claim 18. As to claim 26 , Ko teaches the method according to claim 20, further comprising: receiving information related to a non deterministic active time period from the first terminal device, wherein during the non deterministic active time period, the at least one second terminal device is not estimated in the active state (Ko [0255] In step S 1630 , the first device may transmit, to the at least one second device, second SCI including information related to the SL DRX configuration and a destination ID through the PSSCH. In step S 1640 , the first device may perform, based on the SL DRX configuration, the groupcast communication with the at least one second device. [0186] Meanwhile, a DRX cycle may include (i) an active time when the UE monitors a transmission channel in an awake mode and, if necessary, detects/decodes an SL channel, and (ii) an inactive time when the UE is in a sleep mode (i.e., the UE does not need to monitor a channel). ; and transmitting (604) information regarding a scheduled transmission of retransmit data to the first terminal device based on the information related to the non deterministic active time period (Ko [0197] For example, the DRX cycle configuration may be determined/selected/configured based on the number of UEs belonging to the group (i.e., size of the group). In this case, timer value(s) such as OnDurationTimer, InactivityTimer, and/or RetransmissionTimer (information regarding a scheduled transmission of retransmit data) included in an active time within a DRX cycle may be determined/selected/set based on the size of the group) As to claim 34 , Ko teaches the computer-readable storage medium storing instructions which when executed by at least one processor, cause the at least one processor to perform the method according to claim 1. As to claim 35 , Ko teaches the computer program product comprising instructions which when executed by at least one processor, cause the at least one processor to perform the method according to claim 1 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko and Huang et al. (Pub. No.: 2021/0227604), herein Huang . As to claim 9 , Ko teaches the method according to claim 8, Ko does not teach wherein the resource reservation period information is sent from the first terminal device to the at least one second terminal device. However Huang does teach wherein the resource reservation period information is sent from the first terminal device to the at least one second terminal device (Huang [0138] UE receives an SCI “Resource reservation period” field) It would have been obvious before the effective filing date of the claimed invention to combine the teachings of Ko and Huang, because Huang teaches us the SCI is used to schedule the PSSCH (Huang [0099]) 07-21-aia AIA Claim (s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko and Jeong et al. (Pub. No.: 2022/0030661), herein Jeong As to claim 19 , Ko teaches the method according to claim 1, Ko does not teach wherein transmitting data to the at least one second terminal device during the deterministic active time period comprises: when transmitting new data to the at least one second terminal device during the deterministic active time period, selecting a layer 2 destination, wherein a sidelink DRX associated with the layer 2 destination is in the deterministic active time period. However Jeong does teach wherein transmitting data to the at least one second terminal device during the deterministic active time period comprises: when transmitting new data to the at least one second terminal device during the deterministic active time period, selecting a layer 2 destination, wherein a sidelink DRX associated with the layer 2 destination is in the deterministic active time period (Jeong [0145], the UE starts SL DRX on-duration timer in the frame the UE monitors PSCCH and/or PSSCH for the L1/L2 destination id and performs another resource selection and PSCCH and/or PSSCH transmission if needed (e.g., if UE has more new data in the transmission buffer to be sent) in step 1153 ) It would have been obvious before the effective filing date of the claimed invention to combine the teachings of Ko with Jeong, because Jeong teaches us [0144] For resource for initial transmission (not for HARQ retransmission), the UE selects the resource within the period which SL DRX on-duration timer runs or SL DRX inactivity timer runs. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYANAH S GEORGE whose telephone number is (571)272-8880. The examiner can normally be reached 7:00 AM - 5:00 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, Hassan Phillips can be reached at 572-272-3940. 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. AYANAH S. GEORGE Primary Examiner Art Unit 2467 /AYANAH S GEORGE/Primary Examiner, Art Unit 2467 Application/Control Number: 18/277,040 Page 2 Art Unit: 2467 Application/Control Number: 18/277,040 Page 4 Art Unit: 2467 Application/Control Number: 18/277,040 Page 5 Art Unit: 2467 Application/Control Number: 18/277,040 Page 6 Art Unit: 2467 Application/Control Number: 18/277,040 Page 7 Art Unit: 2467 Application/Control Number: 18/277,040 Page 8 Art Unit: 2467 Application/Control Number: 18/277,040 Page 9 Art Unit: 2467 Application/Control Number: 18/277,040 Page 10 Art Unit: 2467 Application/Control Number: 18/277,040 Page 11 Art Unit: 2467 Application/Control Number: 18/277,040 Page 12 Art Unit: 2467 Application/Control Number: 18/277,040 Page 13 Art Unit: 2467 Application/Control Number: 18/277,040 Page 14 Art Unit: 2467 Application/Control Number: 18/277,040 Page 15 Art Unit: 2467
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Prosecution Timeline

Aug 11, 2023
Application Filed
Dec 18, 2025
Non-Final Rejection — §101, §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
93%
With Interview (+6.1%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 498 resolved cases by this examiner. Grant probability derived from career allow rate.

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