Prosecution Insights
Last updated: April 19, 2026
Application No. 18/286,408

METHOD FOR RESOURCE SELECTION, AND APPARATUS, AND USER EQUIPMENT USING THE SAME

Final Rejection §102§103
Filed
Oct 11, 2023
Examiner
SANDHU, NEVENA ZECEVIC
Art Unit
2474
Tech Center
2400 — Computer Networks
Assignee
Datang Gohigh Intelligent And Connected Technology (Chongqing) Co. Ltd.
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
81%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
140 granted / 189 resolved
+16.1% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
35 currently pending
Career history
224
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
66.7%
+26.7% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 189 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments 2. Applicant's arguments, filed on December 23, 2025, with respect to objections to claims 6 and 12 have been considered and are persuasive. Objections to claims 6 and 12 have been withdrawn. 3. Applicant's arguments regarding rejection of claims 1, 3-5, 8-18, and 20 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered but they are not persuasive. A. § 102 and § 103 rejection of claim 1 Regarding claim 1, as amended, applicant argues claim 1 is in condition for allowance, because applied references 3GPP ‘537 (InterDigital, Inc., "Sidelink resource allocation for power saving", R1-2103537, 3GPP TSG RAN WG1 #104-e, e-Meeting, April 12th -20th, 2021, “3GPP ‘537”) and Ding ‘871 (US 2023/0224871, “Ding ‘871”) do not disclose the newly added claimed limitations related to “determining the partial sensing occasion” and “determining the resource for performing the partial sensing according to the set of first candidate resources and the set of periodicity values” (See Remarks, page 10, lines 1-28 and 32-39). First, applicant argues that, according to Proposal 2 of 3GPP ‘537, 3GPP ‘537 discloses that resource selection must guarantee that the resource for performing the partial sensing is selected from the active time of the Rx UE(s) and the set of Y candidate slots, that transmission resources may be selected from any one of periods, and that the selected period may not be a most recent period corresponding to the set of first candidate resources, rather than disclosing the limitation “a resource of a most recent period, corresponding to the set of first candidate resources and before a first time” that is part of the limitation “according to the set of periodicity values, determining that the resource for performing the partial sensing is a resource of a most recent period, corresponding to the set of first candidate resources and before a first time; wherein the first time is: a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay” of claim 1 (See Remarks, page 10, lines 40-41, page 11, para 1, page 12, para 1-2). Examiner respectfully disagrees. Examiner notes that the § 102 rejection of limitation “according to the set of periodicity values, determining that the resource for performing the partial sensing is a resource of a most recent period, corresponding to the set of first candidate resources and before a first time; wherein the first time is: a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay” relies on the disclosures of Proposals 7 and 8 of 3GPP ‘537, rather than Proposal 2. Specifically, 3GPP ‘537 discloses “according to the set of periodicity values, determining that the resource for performing the partial sensing is a resource of a most recent period, corresponding to the set of first candidate resources and before a first time” (Introduction, Section 2.2, Proposals 7 and 8; in case of aperiodic traffic, the subset of periodicity values is configured, and the UE performs sensing in the most recent sensing occasion for a given periodicity value before a set of Y candidate slots and before a time k; k is the most recent sensing occasion for a given reservation periodicity before the set of Y candidate slots subject to processing time restriction) and “wherein the first time is: a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay” (Introduction, Section 2.2, Proposals 7 and 8; in case of aperiodic traffic, the subset of periodicity values is configured, and the UE performs sensing in the most recent sensing occasion for a given periodicity value before a set of Y candidate slots and before a time k; k is the most recent sensing occasion for a given reservation periodicity before the set of Y candidate slots subject to processing time restriction). Second, applicant argues that, based on the distinguishing features in the above arguments, the technical problem to be solved by the claimed invention lies in how to give a solution to solve a problem of decrease in reliability, generated by absence of necessary sensing results, caused by a large time interval between the time n of arrival of the service packet and a first candidate time-domain resource ty0, due to determining Y candidate time-domain resources for DRX ON Duration or the implementation of the UE, and that, according to this technical problem, one skilled in the art would not reasonably be motivated to achieve the claimed invention based on 3GPP ‘537 or based on a combination of 3GPP ‘537 and Ding ‘871 (See Remarks, page 12, para 3-4). Examiner respectfully disagrees. In response to applicant's argument that one skilled in the art would not reasonably be motivated to achieve the claimed invention on the basis of the technical problem meant to be solved, it is noted that the features of the technical problem to be solved upon which applicant relies (i.e., “a problem of decrease in reliability, generated by absence of necessary sensing results, caused by a large time interval between the time n of arrival of the service packet and a first candidate time-domain resource ty0, due to determining Y candidate time-domain resources for DRX ON Duration or the implementation of the UE”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, examiner notes that claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3GPP ‘537, and that 3GPP ‘537 discloses “according to the set of periodicity values, determining that the resource for performing the partial sensing is a resource of a most recent period, corresponding to the set of first candidate resources and before a first time” (Introduction, Section 2.2, Proposals 7 and 8; in case of aperiodic traffic, the subset of periodicity values is configured, and the UE performs sensing in the most recent sensing occasion for a given periodicity value before a set of Y candidate slots and before a time k; k is the most recent sensing occasion for a given reservation periodicity before the set of Y candidate slots subject to processing time restriction) and “wherein the first time is: a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay” (Introduction, Section 2.2, Proposals 7 and 8; in case of aperiodic traffic, the subset of periodicity values is configured, and the UE performs sensing in the most recent sensing occasion for a given periodicity value before a set of Y candidate slots and before a time k; k is the most recent sensing occasion for a given reservation periodicity before the set of Y candidate slots subject to processing time restriction). B. § 102 and § 103 rejection of claims 3-5, 8-18, and 20 Regarding claims 3-5, 8-18, and 20, applicant argues the claims are allowable by virtue of their dependencies from amended claim 1. Relevant limitations claimed in amended claim 1 are discussed above. Applicant does not present arguments regarding additional limitations claimed in dependent claims 3-5, 8-18, and 20. Claim Objections 4. Claims 1, 3, 8-10, and 16-17 are objected to because of the following informalities: Claim 1 (line 25-26) recites “a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located” and it should be - - a time obtained by a time ty0, at which a first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located - -, as “the time ty0” and “the first time-domain candidate resource” lack antecedent basis. “Partial sensing" in claim 3 (line 2) should be replaced with - - the partial sensing - - to be consistent with the first citation of “partial sensing” in claim 1 (line 6). Claim 8 (line 4-5) recites “the periodicity value for determining the partial sensing occasion” and it should be - - a periodicity value for determining the partial sensing occasion - -, as “the periodicity value for determining the partial sensing occasion” lacks antecedent basis. Claim 9 (line 1) recites “the periodicity values” and it should be - - the set of periodicity values - -, as “the periodicity values” lacks antecedent basis, and to be consistent with the first citation of “a set of periodicity values” in claim 1 (line 9). “A time of arrival of the service packet" in claim 10 (line 9), claim 16 (line 9), and claim 17 (line 7) should be replaced with - - the time of arrival of the service packet - - to be consistent with the first citation of “a time of arrival of the service packet” in claim 1 (line 15). “A time ty0 at which a first time-domain candidate resource among predetermined at least Y time-domain candidate resources is located " in claim 10 (line 10-11), claim 16 (line 10-11), and claim 17 (line 8-9) should be replaced with - - the time ty0 at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located - - to be consistent with the first citation of “the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located” in claim 1 (line 25-26). “A time obtained by the time ty0 at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located " in claim 10 (line 12-13), claim 16 (line 12-13), and claim 17 (line 10-11) should be replaced with - - the time obtained by the time ty0 at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located - - to be consistent with the first citation of “a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located” in claim 1 (line 12-13). “A processing delay" in claim 10 (line 13-14), claim 16 (line 13-14), and claim 17 (line 11-12) should be replaced with - - the processing delay - - to be consistent with the first citation of “a processing delay” in claim 1 (line 26-27). Claim Rejections - 35 USC § 102 5. 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. 6. 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 – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (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. 7. Claims 1, 8-11, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3GPP ‘537 (InterDigital, Inc., "Sidelink resource allocation for power saving", R1-2103537, 3GPP TSG RAN WG1 #104-e, e-Meeting, April 12th -20th, 2021, “3GPP ‘537”). Regarding claim 1, 3GPP ‘537 discloses a method for resource selection, applied to a user equipment (Section 2.2; partial sensing-based resource selection and allocation, performed by a UE), wherein the method comprising: in a condition that a service packet is arrived or to be arrived, determining whether resource selection/reselection needs to be triggered (Section 2.2, Proposal 5; UE predicts arrival time of a data transport block (TB), and determines to trigger resource selection and allocation; thus, when a TB is to be arrived, UE determines whether to resource selection needs to be triggered; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art), wherein the method further comprises: in the condition that the service packet is arrived or to be arrived, determining whether to perform partial sensing; and/or determining a partial sensing occasion (Section 2.2, Proposals 4 and 5; UE predicts arrival time of a data TB, and determines to trigger resource selection and allocation; UE performs partial sensing for resource selection; in case of periodic-based partial sensing during a set of periodic periods, the periods for partial sensing are determined to have a certain periodicity; thus, when a TB is to be arrived, UE determines whether to perform partial sensing and determines a partial sensing occasion; examiner notes the use of alternative language “in the condition that the service packet is arrived or to be arrived”; for rejection purposes, only one of the alternative limitations must be disclosed by prior art; examiner rejects the alternative limitation “in the condition that the service packet is arrived”; further, examiner interprets “determining whether to perform partial sensing; and/or determining a partial sensing occasion” as “determining whether to perform partial sensing; and determining a partial sensing occasion”. It is noted however, due to the alternative language, the limitations that follow may not be positively recited when the option of determining to perform partial sensing is chosen, and thus everything following this would not be required by the prior art to read on the claim (as it is based on the determining the partial sensing occasion). It is suggested to amend the alternative language to ensure the following limitations are positively recited.), wherein the determining the partial sensing occasion, comprises: determining a set of periodicity values corresponding to performing the partial sensing (Introduction, Section 2.2, Proposals 4 and 5; in case of periodic-based partial sensing during a set of periodic periods, the periods for partial sensing are determined to have a certain periodicity; the periodicity corresponds to a subset of values); and determining a resource for performing the partial sensing according to a set of first candidate resources and the set of periodicity values (Introduction, Section 2.2; a resource pool is configured for partial sensing, where the partial sensing is performed during periodic sensing occasions, based on periodicity values); wherein the set of first candidate resources comprises any one of items of: predetermined Y time-domain candidate resources (Introduction, Section 2.2; candidate resources for partial sensing are Y candidate slots; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); and Y time-domain candidate resources, after a time of arrival of the service packet and closest to the time of arrival of the service packet, obtained by mapping according to a resource reservation period according to Y time-domain candidate resources determined during resource selection/reselection having been performed, wherein the determining the resource for performing the partial sensing according to the set of first candidate resources and the set of periodicity values, comprises: according to the set of periodicity values, determining that the resource for performing the partial sensing is a resource of a most recent period, corresponding to the set of first candidate resources and before a first time (Introduction, Section 2.2, Proposals 7 and 8; in case of aperiodic traffic, the subset of periodicity values is configured, and the UE performs sensing in the most recent sensing occasion for a given periodicity value before a set of Y candidate slots and before a time k; k is the most recent sensing occasion for a given reservation periodicity before the set of Y candidate slots subject to processing time restriction); wherein the first time is: a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay (Introduction, Section 2.2, Proposals 7 and 8; in case of aperiodic traffic, the subset of periodicity values is configured, and the UE performs sensing in the most recent sensing occasion for a given periodicity value before a set of Y candidate slots and before a time k; k is the most recent sensing occasion for a given reservation periodicity before the set of Y candidate slots subject to processing time restriction). Regarding claim 8, 3GPP ‘537 discloses all the limitations with respect to claim 1, as outlined above. Further, 3GPP ‘537 discloses wherein the determining the set of periodicity values corresponding to performing the partial sensing comprises: determining the set of periodicity values, according to a parameter of the periodicity value for determining the partial sensing occasion, wherein the parameter of the periodicity value is preconfigured, or configured by a network (Introduction, Section 2.2, Proposals 4 and 5; periodicity is determined based on a configured Preserve parameter; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); or in a condition that the parameter of the periodicity value for determining the partial sensing occasion, preconfigured, or configured by the network, is not obtained, determining the set of periodicity values according to resource reserve period list information contained in a resource pool configuration parameter. Regarding claim 9, 3GPP ‘537 discloses all the limitations with respect to claim 8, as outlined above. Further, 3GPP ‘537 discloses wherein the periodicity values indicated by the parameter of the periodicity value is a subset or all of periodicity values indicated by a resource reserve period list contained in the resource pool configuration parameter (Introduction, Section 2.2, Proposals 4 and 5; Preserve parameter is from the configured set of possible resource reservation periods allowed in the resource pool, as specified in a ResourceReservePeriodList; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art). Regarding claim 10, 3GPP ‘537 discloses all the limitations with respect to claim 1, as outlined above. Further, 3GPP ‘537 discloses wherein the method further comprises: in a condition that it is determined that the resource selection/reselection needs to be triggered, performing steps of: determining a first resource selection window at a triggering time of the resource selection; and performing the resource selection within the first resource selection window (Section 2.2, Proposal 5; UE predicts arrival time of a data TB, and determines the resource allocation triggering time n and the candidate slots in the resource selection window; thus, when the UE determines that resource selection needs to be triggered, the UE determines the resource selection window, and performs resource selection within the window); wherein the triggering time of the resource selection is any one of items of: a time of arrival of the service packet (Section 2.2, Proposal 6; partial sensing for resource selection is triggered at the time of arrival of the TB; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); a time ty0 at which a first time-domain candidate resource among predetermined at least Y time-domain candidate resources is located; and a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay. Regarding claim 11, 3GPP ‘537 discloses all the limitations with respect to claim 10, as outlined above. Further, 3GPP ‘537 discloses the method according to claim 10, wherein a starting time of the first resource selection window is m+T1, and an ending time of the first resource selection window is m+T2 (Introduction; starting time of the resource selection window is n+T1, and ending time of the first resource selection window is n+T2; n+T1 reads on the claimed m+T1, and n+T2 reads on the claimed m+T2; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); or the starting time of the first resource selection window is n+T1, and the ending time of the first resource selection window is n+T2; wherein m is the triggering time of the resource selection (Introduction; n is the time when resource selection is triggered; n reads on the claimed m), n is the time of arrival of the service packet (Section 2.2, Proposal 6; partial sensing for resource selection is triggered at the time of arrival of the TB), T1 is a parameter for determining the starting time of the first resource selection window, and T2 is a parameter for determining the ending time of the first resource selection window (Introduction; starting time of the resource selection window is n+T1, and ending time of the first resource selection window is n+T2; thus, T1 and T2 are parameters for determining the starting time and the ending time, respectively). Regarding claim 15, 3GPP ‘537 discloses all the limitations with respect to claim 1, as outlined above. Further, 3GPP ‘537 discloses wherein the method further comprises: in a condition that it is determined that the resource selection/reselection needs to be triggered, performing steps of determining a second resource selection window; and performing the resource selection within the second resource selection window (Section 2.2, Proposal 5; UE predicts arrival time of a data TB, and determines the resource allocation triggering time n and the candidate slots in the resource selection window; thus, when the UE determines that resource selection needs to be triggered, the UE determines the resource selection window, and performs resource selection within the window). Regarding claim 16, 3GPP ‘537 discloses all the limitations with respect to claim 15, as outlined above. Further, 3GPP ‘537 discloses wherein a starting time of the second resource selection window is p+T1, and an ending time of the second resource selection window is p+T2 (Introduction; starting time of the resource selection window is n+T1, and ending time of the first resource selection window is n+T2; n reads on the claimed p); wherein p is a reference time of the second resource selection window (Introduction; n is the time when resource selection is triggered; n reads on the claimed p; thus, the time when resource selection is triggered reads on the claimed p), T1 is a parameter for determining the starting time of the second resource selection window, and T2 is a parameter for determining the ending time of the second resource selection window (Introduction; starting time of the resource selection window is n+T1, and ending time of the first resource selection window is n+T2; thus, T1 and T2 are parameters for determining the starting time and the ending time, respectively); wherein the reference time of the second resource selection window is any one of items of: a time of arrival of the service packet (Section 2.2, Proposal 6; partial sensing for resource selection is triggered at the time of arrival of the TB; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); a time ty0 at which a first time-domain candidate resource among predetermined at least Y time-domain candidate resources is located; and a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay. 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. 9. Claims 3-5, 12-14, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP ‘537, in view of Ding ‘871 (US 2023/0224871, “Ding ‘871”). Regarding claim 3, 3GPP ‘537 discloses all the limitations with respect to claim 1, as outlined above. Further, 3GPP ‘537 discloses wherein the determining whether to perform partial sensing, comprises: in a condition that it is determined that the resource selection/reselection needs to be triggered for the service packet, determining to perform the partial sensing (Section 2.2, Proposal 5; UE predicts arrival time of a data TB, and selects whether resource selection needs to be triggered; UE performs partial sensing for resource selection; thus, when the UE determines to trigger resource selection for the TB data, the UE determines to perform partial sensing); and perform the partial sensing according to preemption configuration information of a resource pool, or according to the preemption configuration information and a priority of the service packet (Section 2.2.3; partial sensing is performed for pre-emption to detect potential collision of reserved resources; the UE is required to execute pre-emption for every TB except for skipping pre-emption for certain periods; a pre-emption configuration configures periods when pre-emption is skipped, based on TB priority; thus, partial sensing is performed for resource preemption according to preemption configuration and TB priority; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art). Although 3GPP ‘537 discloses perform the partial sensing according to preemption configuration information of a resource pool, or according to the preemption configuration information and a priority of the service packet, 3GPP ‘537 discloses perform the partial sensing according to preemption configuration information of a resource pool, 3GPP ‘537 does not specifically disclose in a condition that it is determined that the resource selection/reselection does not need to be triggered for the service packet, determining whether to perform the partial sensing. Ding ‘871 teaches in a condition that it is determined that the resource selection/reselection does not need to be triggered for the service packet, determining whether to perform the partial sensing (para 107; a terminal performs resource selection; the terminal indicates the selected resource via sidelink control information; another terminal performs sensing for preemption; the other terminal triggers resource reselection if the result of the sensing for preemption satisfies certain conditions; thus, resource reselection is not triggered before the preemption check result triggers it; therefore, it is determined for the preemption sensing to be performed when it is determined for resource reselection not to be triggered without the specific result of the preemption sensing). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP ‘537’s method for resource selection, applied to a user equipment, to include Ding ‘871’s terminal performs sensing for preemption. The motivation for doing so would have been to solve the impact of a hidden station problem on the re-evaluation stage of a selected resource (Ding ‘871, para 6). Regarding claim 4, 3GPP ‘537 in combination with Ding ‘871 discloses all the limitations with respect to claim 3, as outlined above. Further, 3GPP ‘537 discloses wherein the determining whether to perform the partial sensing according to the preemption configuration information of the resource pool or according to the preemption configuration information and the priority of the service packet, comprises: the partial sensing is determined to be performed in any one of conditions of: the preemption configuration information is enabling (Section 2.2.3; partial sensing is performed for pre-emption to detect potential collision of reserved resources; the UE is required to execute pre-emption for every TB except for skipping pre-emption for certain periods; a pre-emption configuration configures periods when pre-emption is skipped, based on TB priority; thus, partial sensing performed for resource preemption is enabled according to preemption configuration and TB priority; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); the preemption configuration information is a threshold of the priority; the preemption configuration information is enabling and the priority of the service packet is determined to be not a highest priority; and the preemption configuration information is the threshold of the priority and the priority of the service packet is determined to be not the highest priority. Regarding claim 5, 3GPP ‘537 in combination with Ding ‘871 discloses all the limitations with respect to claim 3, as outlined above. Further, 3GPP ‘537 discloses wherein the determining whether to perform the partial sensing according to the preemption configuration information of the resource pool, or according to the preemption configuration information and the priority of the service packet, comprises: the partial sensing is determined not to be perform in any one of conditions of: no preemption configuration information is provided or configured; the preemption configuration information is disabling (Section 2.2.3; partial sensing is performed for pre-emption to detect potential collision of reserved resources; the UE is required to execute pre-emption for every TB except for skipping pre-emption for certain periods; a pre-emption configuration configures periods when pre-emption is skipped, based on TB priority; thus, partial sensing is not performed for resource preemption that is disabled during the configured period when pre-emption is skipped, according to preemption configuration and TB priority; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); the preemption configuration information is enabling and the priority of the service packet is determined to be a highest priority; and the preemption configuration information is a threshold of the priority and the priority of the service packet is determined to be the highest priority. Regarding claim 12, 3GPP ‘537 discloses all the limitations with respect to claim 10, as outlined above. Further, 3GPP ‘537 discloses wherein in a condition that the triggering time of the resource selection is the time of arrival of the service packet (Section 2.2, Proposal 6; partial sensing for resource selection is triggered at the time of arrival of the TB), after the resource selection is performed within the first resource selection window (Introduction; resource selection is performed withing the resource selection window [n+T1, n+T2]); wherein the check time of the resource selection is any one of items of: the time ty0 at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located; and the time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus the processing delay (Introduction, Section 2.2, Proposals 7 and 8; in case of aperiodic traffic, the subset of periodicity values is configured, and the UE performs sensing in the most recent sensing occasion for a given periodicity value before a set of Y candidate slots and before a time k; k is the most recent sensing occasion for a given reservation periodicity before the set of Y candidate slots subject to processing time restriction; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art). Although 3GPP ‘537 discloses after the resource selection is performed within the first resource selection window, 3GPP ‘537 does not specifically disclose after the resource selection is performed, the method further comprises: determining a check time of the resource selection, and performing resource exclusion based on sensing at the check time of the resource selection; and in a condition that a selected resource is excluded, performing the resource reselection. Ding ‘871 teaches after the resource selection is performed, the method further comprises: determining a check time of the resource selection, and performing resource exclusion based on sensing at the check time of the resource selection; and in a condition that a selected resource is excluded, performing the resource reselection (para 107; a terminal performs resource selection; the terminal indicates the selected resource via sidelink control information; another terminal performs sensing for preemption; the other terminal pre-empts the selected resources, and triggers resource reselection if the result of the sensing for preemption satisfies certain conditions; thus, pre-emption check time of resource selection is determined, pre-emption is decided at the pre-emption check time, and the selected resources are excluded based on the sensing). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP ‘537’s method for resource selection, applied to a user equipment, to include Ding ‘871’s terminal performs sensing for preemption. The motivation for doing so would have been to solve the impact of a hidden station problem on the re-evaluation stage of a selected resource (Ding ‘871, para 6). Regarding claim 13, 3GPP ‘537 in combination with Ding ‘871 discloses all the limitations with respect to claim 12, as outlined above. Further, Ding ‘871 teaches wherein the method further comprises: performing contiguous partial sensing before the check time of the resource selection (para 107; continuous sensing is performed before the pre-emption check time). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add features to the combined method of 3GPP ‘537 and Ding ‘871, to include Ding ‘871’s terminal performs sensing for preemption. The motivation for doing so would have been to solve the impact of a hidden station problem on the re-evaluation stage of a selected resource (Ding ‘871, para 6). Regarding claim 14, 3GPP ‘537 discloses all the limitations with respect to claim 10, as outlined above. However, 3GPP ‘537 does not specifically disclose wherein the method further comprises: performing contiguous partial sensing before the triggering time of the resource selection Ding ‘871 teaches wherein the method further comprises: performing contiguous partial sensing before the triggering time of the resource selection (para 107; continuous sensing is performed before the pre-emption sensing result triggers the repeated resource selection). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP ‘537’s method for resource selection, applied to a user equipment, to include Ding ‘871’s continuous sensing that is performed before the pre-emption sensing result triggers the repeated resource selection. The motivation for doing so would have been to solve the impact of a hidden station problem on the re-evaluation stage of a selected resource (Ding ‘871, para 6). Regarding claim 17, 3GPP ‘537 discloses all the limitations with respect to claim 1, as outlined above. Further, 3GPP ‘537 discloses wherein the second time is any one of items of a time of arrival of the service packet (Section 2.2, Proposal 6; partial sensing for resource selection is triggered at the time of arrival of the TB; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art); a time ty0 at which a first time-domain candidate resource among predetermined at least Y time-domain candidate resources is located; and a time obtained by the time ty0, at which the first time-domain candidate resource among the predetermined at least Y time-domain candidate resources is located, minus a processing delay. However, 3GPP ‘537 does not specifically disclose wherein the method further comprises: in a condition that it is determined to perform the partial sensing, after a second time, contiguously perform resource sensing till re-evaluation checking and/or preemption checking is/are completed. Ding ‘871 teaches wherein the method further comprises: in a condition that it is determined to perform the partial sensing, after a second time, contiguously perform resource sensing till re-evaluation checking and/or preemption checking is/are completed (para 107; a terminal performs resource selection; the terminal indicates the selected resource via sidelink control information; another terminal performs continuous sensing for preemption until determining the preemption check result; examiner notes the use of alternative language; for rejection purposes, only one of the alternative limitations must be disclosed by prior art). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP ‘537’s method for resource selection, applied to a user equipment, to include Ding ‘871’s terminal that performs continuous sensing for preemption until determining the preemption check result. The motivation for doing so would have been to solve the impact of a hidden station problem on the re-evaluation stage of a selected resource (Ding ‘871, para 6). Regarding claim 18, 3GPP ‘537 discloses all the limitations with respect to claim 1, as outlined above. However, 3GPP ‘537 does not specifically disclose a user equipment, comprising: a transceiver, a storage, a processor, and a computer program stored on the storage and capable of running on the processor, wherein, when the processor executes the computer program, the processor implements the method. Ding ‘871 teaches a user equipment, comprising: a transceiver, a storage, a processor, and a computer program stored on the storage and capable of running on the processor, wherein, when the processor executes the computer program, the processor implements the method (FIG. 22, para 410-415; a terminal includes a receiver with transmitter, a memory, a processor, and instructions stored on the memory; the processor executes the instructions to implement methods) for resource selection according to claim 1. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP ‘537’s method for resource selection, applied to a user equipment, to include Ding ‘871’s terminal that includes a receiver with transmitter, a memory, a processor, and instructions stored on the memory, where the instructions are executed by the processor. The motivation for doing so would have been to solve the impact of a hidden station problem on the re-evaluation stage of a selected resource (Ding ‘871, para 6). Regarding claim 20, 3GPP ‘537 discloses all the limitations with respect to claim 1, as outlined above. However, 3GPP ‘537 does not specifically disclose a non-transitory computer-readable storage medium, on which a computer program is stored, wherein, when the computer program is executed by a processor, the processor implements the method. Ding ‘871 teaches a non-transitory computer-readable storage medium, on which a computer program is stored, wherein, when the computer program is executed by a processor, the processor implements the method (FIG. 22, para 410-415; a terminal includes a memory, a processor, and instructions stored on the memory; the processor executes the instructions to implement methods) for resource selection according to claim 1. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP ‘537’s method for resource selection, applied to a user equipment, to include Ding ‘871’s terminal that includes a memory, a processor, and instructions stored on the memory, where the instructions are executed by the processor. The motivation for doing so would have been to solve the impact of a hidden station problem on the re-evaluation stage of a selected resource (Ding ‘871, para 6). Conclusion Internet Communication Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, https://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only. (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.0. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEVENA SANDHU whose telephone number is (571) 272-0679. The examiner can normally be reached on Monday-Thursday 9AM-5PM EST, Friday variable. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael Thier can be reached on (571)272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of 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 http://pair-direct.uspto.gov. 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. /NEVENA ZECEVIC SANDHU/Examiner, Art Unit 2474 /Michael Thier/Supervisory Patent Examiner, Art Unit 2474
Read full office action

Prosecution Timeline

Oct 11, 2023
Application Filed
Sep 26, 2025
Non-Final Rejection — §102, §103
Dec 23, 2025
Response Filed
Mar 05, 2026
Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12574956
SPATIAL PARAMETER DETERMINATION METHOD AND DEVICE
2y 5m to grant Granted Mar 10, 2026
Patent 12550171
TRANSMIT POWER CONTROL VIA DOWNLINK CONTROL INFORMATION
2y 5m to grant Granted Feb 10, 2026
Patent 12550027
OPPORTUNISTIC BALANCING IN MULTIPLE LINKS
2y 5m to grant Granted Feb 10, 2026
Patent 12531674
INTRA-BAND CARRIER AGGREGATION BASED SUBBAND FULL-DUPLEX OPERATIONS
2y 5m to grant Granted Jan 20, 2026
Patent 12520333
UPLINK TRANSMISSION METHOD AND TERMINAL
2y 5m to grant Granted Jan 06, 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
74%
Grant Probability
81%
With Interview (+6.5%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 189 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