Prosecution Insights
Last updated: October 02, 2026
Application No. 18/291,527

RESOURCE DETERMINATION METHOD AND APPARATUS, DEVICE, AND READABLE STORAGE MEDIUM

Non-Final OA §103
Filed
Jan 23, 2024
Priority
Jul 28, 2021 — nonprovisional of PCTCN2021109072
Examiner
YOUNG, STEVE R
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
399 granted / 593 resolved
+9.3% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
29 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
65.1%
+25.1% vs TC avg
§102
18.4%
-21.6% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 593 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1, 5, 7-9, 11-12, 17, 21, 36-37 are pending. Continued Examination Under 37 CFR 1.114 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/04/2026 has been entered. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 8, 17, 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US# 2022/0394733 hereinafter referred to as Wang) in view of Zhou et al. (US# 2020/0266875 hereinafter referred to as Zhou) and Bae et al. (US# 2019/0357178 hereinafter referred to as Bae). RE Claim 1, Wang discloses a resource determination method, performed by a first terminal, comprising: receiving first configuration information and second configuration information (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – UE receiving first and second configuration (i.e. BS schedules resources for UE [0087])), wherein the first configuration information comprises a first time domain resource, a first frequency domain resource and M first beams (See Wang FIGs 11-13; [0057], [0087], [0141] -[0144] – first set of resources; resources are a combination of frequency, time, and spatial (beam) resources [0057]), the second configuration information comprises a second time domain resource, a second frequency domain resource and N second beams (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – second set of resources; resources are a combination of frequency, time, and spatial (beam) resources [0057]), and the first time domain resource and the second time domain resource have an overlapped time domain resource (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – UE determines that first and second set of resources overlap in time ([0141])), where M and N are positive integers (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – first and second set of resources allocated by BS can contain spatial (beam) resources [0057]); and determining a specified transmission resource on the overlapped time domain resource (See Wang FIGs 11-13; [0004]-[0008], [0141]-[0144] – UE determining which resources to use to transmit with based on which resources are overlapping in the time domain), wherein the specified transmission resource comprises at least one of a specified frequency domain resource or a specified beam (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – UE determines which resources to use for transmission; resources can include frequency domain resources or spatial (beam) resources). Wang does not specifically disclose wherein the specified beam comprises the N second beams, any first beam of the M first beams is different from the any second beam of the N second beams, and the first terminal is not capable of supporting the M first beams and the N second beams simultaneously; or Wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource. However, Zhou teaches of wherein the specified beam comprises the N second beams (See Zhou [0036], [0083], [0086], [0088] – UE indicating set of beams to be used), wherein the any first beam of the M first beams is different from the any second beam of the N second beams (See Zhou [0036], [0083], [0086], [0088] – beams in different sets are different from each other), and the first terminal is not capable of supporting the M first beams and the N second beams simultaneously (See Zhou [0013], [0036], [0083], [0086], [0088] – when certain beams from first set and beams from a second set cannot be transmitted simultaneously). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, wherein the specified beam comprises the N second beams, any first beam of the M first beams is different from the any second beam of the N second beams, and the first terminal is not capable of supporting the M first beams and the N second beams simultaneously, as taught in Zhou. One is motivated as such in order to enhance reliability and efficiency (See Zhou Background; Summary). Wang, modified by Zhou, does not specifically disclose Wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource. However, Bae teaches of wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource (See Bae [0150]-[0151] – if a 1st transmission resource and 2nd transmission resource overlap in time and/or frequency domain, selecting one of the transmission resources to transmit (frequency domain resource)). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou, wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource, as taught in Bae. One is motivated as such in order to improve system resource usage efficiency (See Bae [0009]-[0027]). RE Claim 8, Wang, modified by Zhou and Bae, discloses a method, as set forth in claim 1 above, wherein the specified beam further comprises at least one first beam, the first beam is different from the second beam, and the first terminal is capable of supporting the at least one first beam and the N second beams simultaneously (See Zhou [0006]-[0007], [0036], [0083], [0086], [0088] – UE indicating to use at least a first beam from one resource set simultaneously to at least a second beam from a second resource set). RE Claim 17, Wang discloses a resource determination method, performed by a network device, comprising: sending first configuration information and second configuration information to a first terminal (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – network device sending first and second configuration (i.e. BS schedules resources for UE [0087])), wherein the first configuration information comprises a first time domain resource, a first frequency domain resource and M first beams (See Wang FIGs 11-13; [0057], [0087], [0141] -[0144] – first set of resources; resources are a combination of frequency, time, and spatial (beam) resources [0057]), the second configuration information comprises a second time domain resource, a second frequency domain resource and N second beams (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – second set of resources; resources are a combination of frequency, time, and spatial (beam) resources [0057]), and the first time domain resource and the second time domain resource have an overlapped time domain resource (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – UE determines that first and second set of resources overlap in time ([0141])), where M and N are positive integers (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – first and second set of resources allocated by BS can contain spatial (beam) resources [0057]); and determining a specified transmission resource for the first terminal on the overlapped time domain resource (See Wang FIGs 11-13; [0004]-[0008], [0141]-[0144] – determining which resources to use based on which resources are overlapping in the time domain), wherein the specified transmission resource comprises at least one of a specified frequency domain resource or a specified beam (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – determining which resources to use for communication; resources can include frequency domain resources or spatial (beam) resources). Wang does not specifically disclose wherein the specified beam comprises the N second beams, any first beam of the M first beams is different from the any second beam of the N second beams, and the first terminal is not capable of supporting the M first beams and the N second beams simultaneously; or Wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource. However, Zhou teaches of wherein the specified beam comprises the N second beams (See Zhou [0036], [0083], [0086], [0088] – UE indicating set of beams to be used), wherein the any first beam of the M first beams is different from the any second beam of the N second beams (See Zhou [0036], [0083], [0086], [0088] – beams in different sets are different from each other), and the first terminal is not capable of supporting the M first beams and the N second beams simultaneously (See Zhou [0013], [0036], [0083], [0086], [0088] – when certain beams from first set and beams from a second set cannot be transmitted simultaneously). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, wherein the specified beam comprises the N second beams, any first beam of the M first beams is different from the any second beam of the N second beams, and the first terminal is not capable of supporting the M first beams and the N second beams simultaneously, as taught in Zhou. One is motivated as such in order to enhance reliability and efficiency (See Zhou Background; Summary). Wang, modified by Zhou, does not specifically disclose Wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource. However, Bae teaches of wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource (See Bae [0150]-[0151] – if a 1st transmission resource and 2nd transmission resource overlap in time and/or frequency domain, selecting one of the transmission resources to transmit (frequency domain resource)). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou, wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource, as taught in Bae. One is motivated as such in order to improve system resource usage efficiency (See Bae [0009]-[0027]). RE Claim 36, Wang discloses a communication apparatus, comprising: A processor (See Wang FIG 10), configured to: receive first configuration information and second configuration information (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – UE receiving first and second configuration (i.e. BS schedules resources for UE [0087])), wherein the first configuration information comprises a first time domain resource, a first frequency domain resource and M first beams (See Wang FIGs 11-13; [0057], [0087], [0141] -[0144] – first set of resources; resources are a combination of frequency, time, and spatial (beam) resources [0057]), the second configuration information comprises a second time domain resource, a second frequency domain resource and N second beams (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – second set of resources; resources are a combination of frequency, time, and spatial (beam) resources [0057]), and the first time domain resource and the second time domain resource have an overlapped time domain resource (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – UE determines that first and second set of resources overlap in time ([0141])), where M and N are positive integers (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – first and second set of resources allocated by BS can contain spatial (beam) resources [0057]); and determine a specified transmission resource on the overlapped time domain resource (See Wang FIGs 11-13; [0004]-[0008], [0141]-[0144] – UE determining which resources to use to transmit with based on which resources are overlapping in the time domain), wherein the specified transmission resource comprises at least one of a specified frequency domain resource or a specified beam (See Wang FIGs 11-13; [0057], [0087], [0141]-[0144] – UE determines which resources to use for transmission; resources can include frequency domain resources or spatial (beam) resources). Wang does not specifically disclose wherein the specified beam comprises the N second beams, any first beam of the M first beams is different from the any second beam of the N second beams, and the communication apparatus is not capable of supporting the M first beams and the N second beams simultaneously; Wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource. However, Zhou teaches of wherein the specified beam comprises the N second beams (See Zhou [0036], [0083], [0086], [0088] – UE indicating set of beams to be used), wherein the any first beam of the M first beams is different from the any second beam of the N second beams (See Zhou [0036], [0083], [0086], [0088] – beams in different sets are different from each other), and the communication apparatus is not capable of supporting the M first beams and the N second beams simultaneously (See Zhou [0013], [0036], [0083], [0086], [0088] – when certain beams from first set and beams from a second set cannot be transmitted simultaneously). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, wherein the specified beam comprises the N second beams, any first beam of the M first beams is different from the any second beam of the N second beams, and the communication apparatus is not capable of supporting the M first beams and the N second beams simultaneously, as taught in Zhou. One is motivated as such in order to enhance reliability and efficiency (See Zhou Background; Summary). Wang, modified by Zhou, does not specifically disclose Wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource. However, Bae teaches of wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource (See Bae [0150]-[0151] – if a 1st transmission resource and 2nd transmission resource overlap in time and/or frequency domain, selecting one of the transmission resources to transmit (frequency domain resource)). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou, wherein the specified frequency domain resource comprises at least one of the first frequency domain resource and the second frequency domain resource, as taught in Bae. One is motivated as such in order to improve system resource usage efficiency (See Bae [0009]-[0027]). RE Claim 37, Wang, modified by Zhou and Bae, discloses a communication apparatus, comprising: A processor, configured to perform the resource determination method of claim 17 (See Claim 17 above). Claims 5, 7, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US# 2022/0394733 hereinafter referred to as Wang) in view of Zhou et al. (US# 2020/0266875 hereinafter referred to as Zhou), Bae et al. (US# 2019/0357178 hereinafter referred to as Bae) and Park et al. (US# 2021/0344403 hereinafter referred to as Park). RE Claim 5, Wang, modified by Zhou and Bae, discloses a method, as set forth in claim 1 above. Wang, modified by Zhou and Bae, does not specifically disclose wherein the N second beams comprise at least one first beam. However, Park teaches of wherein the N second beams comprise at least one first beam (See Park FIG 5A, [0075] – a beam from first set can have same characteristics as beam from second set (i.e. all characteristics are the same = “same beam”)). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou and Bae, wherein the N second beams comprise at least one first beam, as taught in Park. One is motivated as such in order to improve performance in the system (See Park Background; Summary; [0092]-[0093]). RE Claim 7, Wang, modified by Zhou, Bae and Park, discloses a method, as set forth in claim 5 above, wherein the specified frequency domain resource comprises the second frequency domain resource and a third frequency domain resource, wherein the third frequency domain resource comprises a frequency domain resource in the first frequency domain resource that does not overlap with the second frequency domain resource (See Bae [0167] – “each of the first radio resource and the second radio resource includes third radio resources overlapping with each other in the slot (or time domain) and the frequency domain, the UE may not perform simultaneous transmission. In this case, the UE may select the first radio resource with higher reliability as a radio resource for PUSCH transmission. Then, the UE may puncture or rate-match the overlapped third radio resource region in the first radio resource region, and perform PUSCH transmission using the first radio resource that is punctured or rate-matched”). RE Claim 21, Wang, modified by Zhou and Bae, discloses a method, as set forth in claim 17 above. Wang, modified by Zhou and Bae, does not specifically disclose wherein the N second beams comprise at least one first beam. However, Park teaches of wherein the N second beams comprise at least one first beam (See Park FIG 5A, [0075] – a beam from first set can have same characteristics as beam from second set (i.e. all characteristics are the same = “same beam”)). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou and Bae, wherein the N second beams comprise at least one first beam, as taught in Park. One is motivated as such in order to improve performance in the system (See Park Background; Summary; [0092]-[0093]). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US# 2022/0394733 hereinafter referred to as Wang) in view of Zhou et al. (US# 2020/0266875 hereinafter referred to as Zhou), Bae et al. (US# 2019/0357178 hereinafter referred to as Bae) and Li (US# 2021/0345373). RE Claim 9, Wang, modified by Zhou and Bae, discloses a method, as set forth in claim 8 above. Wang, modified by Zhou and Bae, does not specifically disclose wherein the specified frequency domain resource comprises the first frequency domain resource and the second frequency domain resource, and the first frequency domain resource and the second frequency domain resource have an overlapped frequency domain resource. However, Li teaches of wherein the specified frequency domain resource comprises the first frequency domain resource and the second frequency domain resource, and the first frequency domain resource and the second frequency domain resource have an overlapped frequency domain resource (See Li FIGs 4, 7, 10; [0103], [0106], [0186], [0370], [0436] – UE transmitting using both first and second time-frequency resources wherein the first and second time-frequency resources have overlapped frequency domain resources). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou and Bae, wherein the specified frequency domain resource comprises the first frequency domain resource and the second frequency domain resource, and the first frequency domain resource and the second frequency domain resource have an overlapped frequency domain resource, as taught in Li. One is motivated as such in order to better handle multiple transmissions with potential collisions (See Li Background; Summary). Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US# 2022/0394733 hereinafter referred to as Wang) in view of Zhou et al. (US# 2020/0266875 hereinafter referred to as Zhou), Bae et al. (US# 2019/0357178 hereinafter referred to as Bae) and Nilsson (US# 2019/0268117). RE Claim 11, Wang, modified by Zhou and Bae, discloses a method, as set forth in claim 1 above. Wang, modified by Zhou and Bae, does not specifically disclose wherein, in the M first beams, time domain resources or frequency domain resources corresponding to any two first beams are different. However, Nilsson teaches of wherein, in the M first beams, time domain resources or frequency domain resources corresponding to any two first beams are different (See Nilsson [0011]-[0013] - … such that all beams in the set of beams point in mutually different directions and each beam covers its own part of the frequency interval). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou and Bae, wherein, in the M first beams, time domain resources or frequency domain resources corresponding to any two first beams are different, as taught in Nilsson. One is motivated as such in order to provide efficient beam management (See Nilsson Background; Summary). RE Claim 12, Wang, modified by Zhou and Bae, discloses a method, as set forth in claim 1 above. Wang, modified by Zhou and Bae, does not specifically disclose wherein, in the N second beams, time domain resources or frequency domain resources corresponding to any two second beams are different. However, Nilsson teaches of wherein, in the N second beams, time domain resources or frequency domain resources corresponding to any two second beams are different (See Nilsson [0011]-[0013] - … such that all beams in the set of beams point in mutually different directions and each beam covers its own part of the frequency interval). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the resource determination system, as disclosed in Wang, modified by Zhou and Bae, wherein, in the N second beams, time domain resources or frequency domain resources corresponding to any two second beams are different, as taught in Nilsson. One is motivated as such in order to provide efficient beam management (See Nilsson Background; Summary). Response to Arguments Applicant's arguments filed 08/04/2026 have been fully considered but they are moot in view of new grounds of rejection (See Claims above, Bae reference). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shao (US# 2019/0174428 – which teaches of how to select from transmissions resources that overlap in the time domain), Dankberg (US# 2014/0295752- which teaches of managing overlapping beam sets), Zhu (US# 2020/0344015 – which teaches of handling overlapping time resources). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steve R Young whose telephone number is (571)270-7518. The examiner can normally be reached M-F 9am-5pm. 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, Chirag G Shah can be reached at (571) 272-3144. 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. /STEVE R YOUNG/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Jan 23, 2024
Application Filed
Jan 16, 2026
Non-Final Rejection mailed — §103
Apr 16, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §103
Aug 04, 2026
Request for Continued Examination
Aug 06, 2026
Response after Non-Final Action
Aug 26, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750176
METHOD FOR DETERMINING REFERENCE SIGNAL OR REFERENCE SIGNAL RESOURCE OR REFERENCE SIGNAL RESOURCE SET, ELECTRONIC DEVICE, AND MEDIUM
4y 1m to grant Granted Sep 29, 2026
Patent 12745244
FLEXIBLE UPLINK CONTROL INFORMATION (UCI) TRANSMISSION WITH PHYSICAL UPLINK SHARED CHANNEL (PUSCH)
3y 0m to grant Granted Sep 22, 2026
Patent 12726974
CROSS-CARRIER DATA TRANSMISSION METHOD, TERMINAL, AND STORAGE MEDIUM
3y 2m to grant Granted Sep 01, 2026
Patent 12672128
COMMUNICATION OF ASYNCHRONOUS ULTRA-LOW LATENCY TRANSMISSIONS WITHIN A SYNCHRONIZED TRANSMISSION OPPORTUNITY (S-TXOP)
4y 0m to grant Granted Jun 30, 2026
Patent 12666459
TRANSMISSION METHOD AND APPARATUS
3y 4m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
87%
With Interview (+19.5%)
3y 3m (~7m remaining)
Median Time to Grant
High
PTA Risk
Based on 593 resolved cases by this examiner. Grant probability derived from career allowance 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