Prosecution Insights
Last updated: August 17, 2026
Application No. 18/352,501

Communication Method and Communication Apparatus

Final Rejection §103
Filed
Jul 14, 2023
Priority
Jan 15, 2021 — CN PCT/CN2021/072307 +2 more
Examiner
VAN, JENKEY
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
4 (Final)
78%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
446 granted / 573 resolved
+19.8% vs TC avg
Strong +30% interview lift
Without
With
+30.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
24 currently pending
Career history
595
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
56.7%
+16.7% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 573 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 . Response to Amendment Acknowledgement is made of amendment filed on 06/11/2026. The amendments of Applicant are entered and have been considered by Examiner. Claims 1-7, 11-17, 21-26 were previously pending. Claims 1, 11, 21, have been amended. Claims 2, 8-10, 12, 18-20, 22 are canceled. Claims 1, 3-7, 11, 13-17, 21, 23-26 are pending. Response to Arguments Applicant's arguments filed 06/11/2026 have been fully considered but they are not persuasive. Applicant argues on pages 9-11 of applicants remarks: As shown, Belleschi does not send the first feedback message 306 based on a priority value of the SCI 302 being higher than a priority value of the SCI 303. Nowhere does Belleschi make sending of the first feedback message 306 contingent on one priority level being higher than the other. Thus, Belleschi fails to disclose sending resource conflict information to the first terminal device based on a first priority value indicated by the first SCI being higher than a second priority value indicated by the second SCI. Examiner respectfully disagrees. Examiner notes that [0011] of the instant application recites: [0011] In a possible implementation, a priority value indicated by the first SCI is greater than a priority value indicated by the second SCI. In other words, a priority of the data scheduled by the first SCI is lower than a priority of the data scheduled by the second SCI. In this case, the third terminal device may send the assistance information to the first terminal device, so that the first terminal device transmitting low-priority data reselects a resource. As such, a higher priority value indicated in the first SCI in the instant application is indicative of the priority of the data scheduled by the first SCI to be lower than a priority of the data scheduled by the second SCI. Examiner notes that this is a design choice by the applicant, as Belleschi teaches the same functions of SCI messages with PPPP indicators for indicating the priority of the intended data transmission, as well as being able to determine which data transmission has a higher or lower priority based on a comparison of the priority indicator in the SCI. [0060]-[0061], discloses sending feedback message 306 indicating the availability status using an ML indicator (i.e resource conflict information) of the first candidate set of resources as determined by the second UE. [0066], further discloses If the second UE 30 is expected to be able to receive only one of the intended D2D radio transmissions at a time, the second UE may set the ML indicators in the feedback messages 306, 307 to indicate a negative acknowledgement to that one of the first UE 20 and the third UE 40 where the PPP indicates the lower priority of the intended D2D radio transmission. Examiner notes that based on [0066], when it is determined that the priority of the intended data transmission corresponding to the first SCI indicates a lower priority then the priority of the intended data transmission corresponding to the second SCI, the second UE would send a feedback message 306 to the first UE with an ML indicator indicating a negative acknowledgement. This is analogous to the claim limitation “sending resource conflict information to the first terminal based on a first priority value indicated by the first SCI being higher than a second priority value indicated by the second SCI. Examiner further includes relevant art (see conclusion) that teaches the concept of indicating a lower priority data transmission in the SCI with a high priority value. Applicant further argues on Page 11-12 of applicants remarks: As shown, Belleschi's first feedback message 306 indicates a first alternative set of resources to be used by the first UE 20. However, Belleschi's first feedback message 306 does not enable the UE 20 to perform its own resource reselection. As a result, at the time of Belleschi's first feedback message 306, resources are already determined for the first UE 20, whereas the claimed resource conflict information enables subsequent resource reselection. Thus, Belleschi fails to disclose that the resource conflict information is configured to enable the first terminal device to perform resource reselection. Consequently, Belleschi fails to disclose each element of claims 1, 11, and 21, and thus fails to anticipate claims 1, 3-6, 11, 13-16, 21, and 23- 26. Examiner respectfully disagrees. As indicated in the previous office action, Examiner notes that while Belleschi’s UE2 does send alternative sets of resources for D2D radio transmissions to the UE1, [0068] of Belleschi further discloses “However, it would also possible to send the indication of the alternative set of radio resources also in other cases, in order to provide the respective transmitting UE 20, 40 with additional information for making an appropriate final selection of radio resources to be used for its intended D2D radio transmission.” Final selection of radio resources indicates that the candidate resource sent in step 302 has not been finalized, and that the UE1 takes into account the alternative resources sent in feedback 306, and selects a final set of radio resources (i.e. resource reselection) prior to D2D transmission. Furthermore, [0047] of Belleschi, further discloses On the other hand, if the ML indicator was set to the fourth level, indicating a negative acknowledgement by the second UE 30, the first UE 20 may decide refrain from performing the D2D radio transmission 206 on the candidate set of resources, either by selecting other radio resources or even by completely refraining from performing the D2D radio transmission. This further illustrates the ability of the first UE to perform resource reselection based on feedback information of a resource conflict from UE2. As such, examiner maintains that the prior art teaches the claimed invention. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1,3-6, 11, 13-16, 21, 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0219320 A1 to Belleschi et al. (hereinafter “Belleschi”) Regarding Claim 1, Belleschi teaches A method implemented by a third terminal device and comprising: (Figure 3, illustrates UE2 (i.e. third terminal)) detecting first sidelink control information (SCI) from a first terminal device, wherein the first SCI indicates first resources; (Figure 3 and [0051], The first UE 20 (i.e. first terminal device) then sends SCI 302 (i.e. first SCI) to the second UE 30 (i.e. third terminal device). [0052], discloses The SCI 302 indicates to one or more other UEs, in particular to the second UE 30, that the first UE 20 intends to perform a D2D radio transmission on the candidate set of radio resources) detecting second SCI from a second terminal device, wherein the second SCI indicates resources that overlap with the first resources; and (Figure 3 and [0054], the third UE 40 (i.e. second terminal device) sends SCI 303 (i.e. second SCI) to the second UE 30 (i.e. third terminal device). [0054], discloses The SCI 303 indicates to one or more other UEs, in particular to the second UE 30, that the third UE 40 intends to perform a D2D radio transmission on the second candidate set of radio resources. [0056], discloses As further illustrated, the second UE 30 receives the SCI 302 and the SCI 303 and detects that the first UE 20 and the third UE 40 intend to perform D2D radio transmissions on overlapping radio resources, i.e., that the intended D2D radio transmissions are conflicting.) determining the first resources conflict with the second resources based on if the third terminal device is a first receiver of first data scheduled by the first SCI and a second reference signal received power (RSRP) corresponding to the second SCI is greater than a second RSRP threshold or if the third terminal device is a second receiver of second data scheduled by the second SCI and a first RSRP corresponding to the first SCI is greater than a first RSRP threshold. ([0056], discloses the second UE 30 (i.e. third terminal device) receives the SCI 302 (i.e. first SCI) and the SCI 303 (i.e. second SCI) and detects that the first UE 20 and the third UE 40 intend to perform D2D radio transmissions (i.e. third terminal is a first receiver of first data scheduled by the first sci and the third terminal is a second receiver of second data scheduled by the second SCI) on overlapping radio resources, i.e., that the intended D2D radio transmissions are conflicting. [0060], discloses The feedback message 306 indicates the availability status of the first candidate set of resources as determined by the second UE 30. [0061], discloses the feedback message 306 includes an ML indicator to indicate the availability status of the first candidate set of radio resources. As mentioned above, the ML indicator indicates the availability status in terms of at least three different levels. These multiple levels may for example correspond to different levels of measured interfering signal strength on the first candidate set of resources, e.g., in terms if RSPR or RSSI, or to different congestion levels of the first candidate set of resources. (i.e. RSRP corresponding to the second SCI). If the interfering signal strength on the first candidate set of resources measured by the second UE 30 is denoted by Y1 (i.e. second RSRP), three threshold levels H11, H12 and H13 could be configured, and the ML indicator be set to the first level (e.g., encoded by “11”) if Y1≤H11, to the second level (e.g., encoded by “10”) if H11<Y1≤H12, to the third level (e.g., encoded by “01”) if H12<Y1≤H13; and to the fourth level (e.g., encoded by “00”) if Y1>H13 (i.e. RSRP of second SCI is greater than a second RSRP threshold). The fourth level could be defined to indicate a negative acknowledgement, i.e., that the second UE 30 disapproves the D2D radio transmission on the first candidate set of radio resources, e.g., because second UE 30 considers the first candidate set of resources to be at least partially occupied (i.e. indicates first and second resources conflict)) wherein the resource conflict information indicates that the first resources and the second resources conflict ([0060], The feedback message 306 indicates the availability status of the first candidate set of resources as determined by the second UE 30. [0061], discloses the feedback message 306 includes an ML indicator to indicate the availability status of the first candidate set of radio resources. As mentioned above, the ML indicator indicates the availability status in terms of at least three different levels. These multiple levels may for example correspond to different levels of measured interfering signal strength on the first candidate set of resources, e.g., in terms if RSPR or RSSI, or to different congestion levels of the first candidate set of resources. (i.e. RSRP corresponding to the second SCI). The fourth level could be defined to indicate a negative acknowledgement, i.e., that the second UE 30 disapproves the D2D radio transmission on the first candidate set of radio resources, e.g., because second UE 30 considers the first candidate set of resources to be at least partially occupied (i.e. indicates first and second resources conflict)) wherein the resource conflict information is configured to enable the first terminal to perform resource reselection. ([0068], discloses The feedback message 306 may also indicate a first alternative set of resources to be used for the intended D2D radio transmission by the first UE 20, and the feedback message 307 may indicate a second alternative set of resources to be used for the intended D2D radio transmission by the third UE 20… However, it would also possible to send the indication of the alternative set of radio resources also in other cases, in order to provide the respective transmitting UE 20, 40 with additional information for making an appropriate final selection of radio resources (i.e. enable resource reselection at the first terminal) to be used for its intended D2D radio transmission. [0047], further discloses On the other hand, if the ML indicator was set to the fourth level, indicating a negative acknowledgement by the second UE 30, the first UE 20 may decide refrain from performing the D2D radio transmission 206 on the candidate set of resources, either by selecting other radio resources or even by completely refraining from performing the D2D radio transmission) Belleschi teaches sending resource conflict information to the first terminal device ([0060], discloses the second UE 30 sends a first feedback message 306 (i.e. resource conflict information) to the first UE 20 (i.e. first terminal device)) but does not explicitly teach based on a first priority value indicated by the first SCI being higher than a second priority value indicated by the second SCI. However, Examiner notes that based on [0011] of the instant specification, a higher priority value is indicative of data transmission of a lower priority. Belleschi, [0066], discloses when it is determined that the priority of the intended data transmission corresponding to the first SCI indicates a lower priority then the priority of the intended data transmission corresponding to the second SCI, the second UE would send a feedback message 306 to the first UE with an ML indicator indicating a negative acknowledgement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Belleschi to include the above limitations, as it is an obvious matter of a design choice to include a high priority value to indicate lower priority data transmission. Belleschi teaches the same functions of SCI messages with PPPP indicators for indicating the priority of the intended data transmission, as well as being able to determine which data transmission has a higher or lower priority based on a comparison of the priority indicator in the SCI. The applicant has not disclosed how indicating a high priority value in the SCI for a low priority data transmission solves any stated problem or is for any particular purpose and it appears that the invention would perform equally by implementing a low priority value in the SCI for a low priority data transmission. Regarding Claim 3, Belleschi teaches the method of claim 1, wherein the first resources overlapping with the second resources comprises a resource reserved by the first terminal device overlapping with a resource reserved by the second terminal device. ([0056], discloses As further illustrated, the second UE 30 receives the SCI 302 and the SCI 303 and detects that the first UE 20 and the third UE 40 intend to perform D2D radio transmissions on overlapping radio resources, i.e., that the intended D2D radio transmissions are conflicting.) Regarding Claim 4, Belleschi teaches the method of claim 1 wherein the resource conflict information further indicates an available resource or an unavailable resource to the first terminal device. ([0060], discloses the feedback message 306 indicates the availability status of the first candidate set of resources as determined by the second UE 30) Regarding Claim 5, Belleschi teaches the method of claim 1, further comprising further sending the resource conflict information when successfully decoding the first data and when an overlapping resource of the first resources and the second resources is a periodic resource indicated by the first SCI, and wherein the resource conflict information further indicates that a conflict occurs on the periodic resource. ([0042], discloses setting of the ML indicator may for example also take into account whether the second UE 30 would be capable of successfully receiving and decoding the intended D2D radio transmission of the candidate set of radio resources. [0052], discloses The SCI 302 may also include a reservation of the first candidate set of resources for multiple future time slots, e.g, in order to address a need to periodically or otherwise repeatedly transmit data to the second UE 30) Regarding Claim 6, Belleschi teaches the method of claim 1, wherein the resource conflict information indicates content of resource conflict indication information using a frequency domain resource. ([0060], discloses The feedback message 306 can be conveyed on a control channel, e.g., in SCI transmitted by the second UE 30, or on a data channel, e.g., as part of a D2D radio transmission performed by the second UE 30. [0026], further discloses D2D radio transmissions in frequency domain) Regarding Claim 11, Belleschi teaches An apparatus in a third terminal device comprising: (Figure 3, illustrates UE2 (i.e. third terminal)) An interface circuit configured to receive and transmit code instructions; and a processor coupled to the interface circuit and configured to run the code instructions to: (Figure 9 and [0125], discloses a radio device including a processor coupled to memory including program code to be executed by the processor) detect first sidelink control information (SCI) from a first terminal device, wherein the first SCI indicates first resources; (Figure 3 and [0051], The first UE 20 (i.e. first terminal device) then sends SCI 302 (i.e. first SCI) to the second UE 30 (i.e. third terminal device). [0052], discloses The SCI 302 indicates to one or more other UEs, in particular to the second UE 30, that the first UE 20 intends to perform a D2D radio transmission on the candidate set of radio resources) detect second SCI from a second terminal device, wherein the second SCI indicates second resources that overlap with the first resources; and (Figure 3 and [0054], the third UE 40 (i.e. second terminal device) sends SCI 303 (i.e. second SCI) to the second UE 30 (i.e. third terminal device). [0054], discloses The SCI 303 indicates to one or more other UEs, in particular to the second UE 30, that the third UE 40 intends to perform a D2D radio transmission on the second candidate set of radio resources. [0056], discloses As further illustrated, the second UE 30 receives the SCI 302 and the SCI 303 and detects that the first UE 20 and the third UE 40 intend to perform D2D radio transmissions on overlapping radio resources, i.e., that the intended D2D radio transmissions are conflicting.) determining the first resources conflict with the second resources if the third terminal device is a first receiver of first data scheduled by the first SCI and a second reference signal received power (RSRP) corresponding to the second SCI is greater than a second RSRP threshold, or if the third terminal device is a second receiver of second data scheduled by the second SCI and a first RSRP corresponding to the first SCI is greater than a first RSRP threshold. ([0056], discloses the second UE 30 (i.e. third terminal device) receives the SCI 302 (i.e. first SCI) and the SCI 303 (i.e. second SCI) and detects that the first UE 20 and the third UE 40 intend to perform D2D radio transmissions (i.e. third terminal is a first receiver of first data scheduled by the first sci and the third terminal is a second receiver of second data scheduled by the second SCI) on overlapping radio resources, i.e., that the intended D2D radio transmissions are conflicting. [0060], discloses The feedback message 306 indicates the availability status of the first candidate set of resources as determined by the second UE 30. [0061], discloses the feedback message 306 includes an ML indicator to indicate the availability status of the first candidate set of radio resources. As mentioned above, the ML indicator indicates the availability status in terms of at least three different levels. These multiple levels may for example correspond to different levels of measured interfering signal strength on the first candidate set of resources, e.g., in terms if RSPR or RSSI, or to different congestion levels of the first candidate set of resources. (i.e. RSRP corresponding to the second SCI). If the interfering signal strength on the first candidate set of resources measured by the second UE 30 is denoted by Y1 (i.e. second RSRP), three threshold levels H11, H12 and H13 could be configured, and the ML indicator be set to the first level (e.g., encoded by “11”) if Y1≤H11, to the second level (e.g., encoded by “10”) if H11<Y1≤H12, to the third level (e.g., encoded by “01”) if H12<Y1≤H13; and to the fourth level (e.g., encoded by “00”) if Y1>H13 (i.e. RSRP of second SCI is greater than a second RSRP threshold). The fourth level could be defined to indicate a negative acknowledgement, i.e., that the second UE 30 disapproves the D2D radio transmission on the first candidate set of radio resources, e.g., because second UE 30 considers the first candidate set of resources to be at least partially occupied (i.e. indicates first and second resources conflict)) wherein the resource conflict information indicates that the first resources and the second resources conflict. ([0060], The feedback message 306 indicates the availability status of the first candidate set of resources as determined by the second UE 30. [0061], discloses the feedback message 306 includes an ML indicator to indicate the availability status of the first candidate set of radio resources. As mentioned above, the ML indicator indicates the availability status in terms of at least three different levels. These multiple levels may for example correspond to different levels of measured interfering signal strength on the first candidate set of resources, e.g., in terms if RSPR or RSSI, or to different congestion levels of the first candidate set of resources. (i.e. RSRP corresponding to the second SCI). The fourth level could be defined to indicate a negative acknowledgement, i.e., that the second UE 30 disapproves the D2D radio transmission on the first candidate set of radio resources, e.g., because second UE 30 considers the first candidate set of resources to be at least partially occupied (i.e. indicates first and second resources conflict)) wherein the resource conflict information is configured to enable the first terminal to perform resource reselection. ([0068], discloses The feedback message 306 may also indicate a first alternative set of resources to be used for the intended D2D radio transmission by the first UE 20, and the feedback message 307 may indicate a second alternative set of resources to be used for the intended D2D radio transmission by the third UE 20… However, it would also possible to send the indication of the alternative set of radio resources also in other cases, in order to provide the respective transmitting UE 20, 40 with additional information for making an appropriate final selection of radio resources (i.e. enable resource reselection at the first terminal) to be used for its intended D2D radio transmission. [0047], further discloses On the other hand, if the ML indicator was set to the fourth level, indicating a negative acknowledgement by the second UE 30, the first UE 20 may decide refrain from performing the D2D radio transmission 206 on the candidate set of resources, either by selecting other radio resources or even by completely refraining from performing the D2D radio transmission) Belleschi teaches sending resource conflict information to the first terminal device ([0060], discloses the second UE 30 sends a first feedback message 306 (i.e. resource conflict information) to the first UE 20 (i.e. first terminal device)) but does not explicitly teach based on a first priority value indicated by the first SCI being higher than a second priority value indicated by the second SCI. However, Examiner notes that based on [0011] of the instant specification, a higher priority value is indicative of data transmission of a lower priority. Belleschi, [0066], discloses when it is determined that the priority of the intended data transmission corresponding to the first SCI indicates a lower priority then the priority of the intended data transmission corresponding to the second SCI, the second UE would send a feedback message 306 to the first UE with an ML indicator indicating a negative acknowledgement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Belleschi to include the above limitations, as it is an obvious matter of a design choice to include a high priority value to indicate lower priority data transmission. Belleschi teaches the same functions of SCI messages with PPPP indicators for indicating the priority of the intended data transmission, as well as being able to determine which data transmission has a higher or lower priority based on a comparison of the priority indicator in the SCI. The applicant has not disclosed how indicating a high priority value in the SCI for a low priority data transmission solves any stated problem or is for any particular purpose and it appears that the invention would perform equally by implementing a low priority value in the SCI for a low priority data transmission. Claims 13-16 are rejected for having the same limitations as claims 3-6, respectively, except the claims are in third terminal apparatus format. Regarding Claim 21, Belleschi teaches A non-transitory computer-readable storage medium in a third terminal device, wherein the non-transitory computer-readable storage medium is configured to store instructions that, when executed, cause the third terminal device to: (Figure 3, illustrates UE2 (i.e. third terminal). Figure 9 and [0125], discloses a radio device including a processor coupled to memory including program code to be executed by the processor) detect first sidelink control information (SCI) from a first terminal device, wherein the first SCI indicates first resources; (Figure 3 and [0051], The first UE 20 (i.e. first terminal device) then sends SCI 302 (i.e. first SCI) to the second UE 30 (i.e. third terminal device). [0052], discloses The SCI 302 indicates to one or more other UEs, in particular to the second UE 30, that the first UE 20 intends to perform a D2D radio transmission on the candidate set of radio resources) detect second SCI from a second terminal device, wherein the second SCI indicates second resources that overlap with the first resources; and (Figure 3 and [0054], the third UE 40 (i.e. second terminal device) sends SCI 303 (i.e. second SCI) to the second UE 30 (i.e. third terminal device). [0054], discloses The SCI 303 indicates to one or more other UEs, in particular to the second UE 30, that the third UE 40 intends to perform a D2D radio transmission on the second candidate set of radio resources. [0056], discloses As further illustrated, the second UE 30 receives the SCI 302 and the SCI 303 and detects that the first UE 20 and the third UE 40 intend to perform D2D radio transmissions on overlapping radio resources, i.e., that the intended D2D radio transmissions are conflicting.) determining the first resources conflict with the second resources if the third terminal device is a first receiver of first data scheduled by the first SCI and a second reference signal received power (RSRP) corresponding to the second SCI is greater than a second RSRP threshold or if the third terminal device is a second receiver of second data scheduled by the second SCI and a first RSRP corresponding to the first SCI is greater than a first RSRP threshold. ([0056], discloses the second UE 30 (i.e. third terminal device) receives the SCI 302 (i.e. first SCI) and the SCI 303 (i.e. second SCI) and detects that the first UE 20 and the third UE 40 intend to perform D2D radio transmissions (i.e. third terminal is a first receiver of first data scheduled by the first sci and the third terminal is a second receiver of second data scheduled by the second SCI) on overlapping radio resources, i.e., that the intended D2D radio transmissions are conflicting. [0060], discloses The feedback message 306 indicates the availability status of the first candidate set of resources as determined by the second UE 30. [0061], discloses the feedback message 306 includes an ML indicator to indicate the availability status of the first candidate set of radio resources. As mentioned above, the ML indicator indicates the availability status in terms of at least three different levels. These multiple levels may for example correspond to different levels of measured interfering signal strength on the first candidate set of resources, e.g., in terms if RSPR or RSSI, or to different congestion levels of the first candidate set of resources. (i.e. RSRP corresponding to the second SCI). If the interfering signal strength on the first candidate set of resources measured by the second UE 30 is denoted by Y1 (i.e. second RSRP), three threshold levels H11, H12 and H13 could be configured, and the ML indicator be set to the first level (e.g., encoded by “11”) if Y1≤H11, to the second level (e.g., encoded by “10”) if H11<Y1≤H12, to the third level (e.g., encoded by “01”) if H12<Y1≤H13; and to the fourth level (e.g., encoded by “00”) if Y1>H13 (i.e. RSRP of second SCI is greater than a second RSRP threshold). The fourth level could be defined to indicate a negative acknowledgement, i.e., that the second UE 30 disapproves the D2D radio transmission on the first candidate set of radio resources, e.g., because second UE 30 considers the first candidate set of resources to be at least partially occupied (i.e. indicates first and second resources conflict)) wherein the resource conflict information indicates that the first resources and the second resources conflict. ([0060], The feedback message 306 indicates the availability status of the first candidate set of resources as determined by the second UE 30. [0061], discloses the feedback message 306 includes an ML indicator to indicate the availability status of the first candidate set of radio resources. As mentioned above, the ML indicator indicates the availability status in terms of at least three different levels. These multiple levels may for example correspond to different levels of measured interfering signal strength on the first candidate set of resources, e.g., in terms if RSPR or RSSI, or to different congestion levels of the first candidate set of resources. (i.e. RSRP corresponding to the second SCI). The fourth level could be defined to indicate a negative acknowledgement, i.e., that the second UE 30 disapproves the D2D radio transmission on the first candidate set of radio resources, e.g., because second UE 30 considers the first candidate set of resources to be at least partially occupied (i.e. indicates first and second resources conflict)) wherein the resource conflict information is configured to enable the first terminal to perform resource reselection. ([0068], discloses The feedback message 306 may also indicate a first alternative set of resources to be used for the intended D2D radio transmission by the first UE 20, and the feedback message 307 may indicate a second alternative set of resources to be used for the intended D2D radio transmission by the third UE 20… However, it would also possible to send the indication of the alternative set of radio resources also in other cases, in order to provide the respective transmitting UE 20, 40 with additional information for making an appropriate final selection of radio resources (i.e. enable resource reselection at the first terminal) to be used for its intended D2D radio transmission. [0047], further discloses On the other hand, if the ML indicator was set to the fourth level, indicating a negative acknowledgement by the second UE 30, the first UE 20 may decide refrain from performing the D2D radio transmission 206 on the candidate set of resources, either by selecting other radio resources or even by completely refraining from performing the D2D radio transmission) Belleschi teaches sending resource conflict information to the first terminal device ([0060], discloses the second UE 30 sends a first feedback message 306 (i.e. resource conflict information) to the first UE 20 (i.e. first terminal device)) but does not explicitly teach based on a first priority value indicated by the first SCI being higher than a second priority value indicated by the second SCI. However, Examiner notes that based on [0011] of the instant specification, a higher priority value is indicative of data transmission of a lower priority. Belleschi, [0066], discloses when it is determined that the priority of the intended data transmission corresponding to the first SCI indicates a lower priority then the priority of the intended data transmission corresponding to the second SCI, the second UE would send a feedback message 306 to the first UE with an ML indicator indicating a negative acknowledgement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Belleschi to include the above limitations, as it is an obvious matter of a design choice to include a high priority value to indicate lower priority data transmission. Belleschi teaches the same functions of SCI messages with PPPP indicators for indicating the priority of the intended data transmission, as well as being able to determine which data transmission has a higher or lower priority based on a comparison of the priority indicator in the SCI. The applicant has not disclosed how indicating a high priority value in the SCI for a low priority data transmission solves any stated problem or is for any particular purpose and it appears that the invention would perform equally by implementing a low priority value in the SCI for a low priority data transmission. Claims 23-26 are rejected for having the same limitations as claims 3-6, respectively, except the claims are in computer readable storage medium format. Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belleschi in view of US 2020/0053770 A1 (from IDS submitted 09/27/2024) to Gulati et al. (hereinafter “Gulati”) Regarding Claim 7, Belleschi teaches the method of claim 1, wherein Belleschi does not explicitly teach the resource conflict information indicates content of resource conflict indication information using a cyclic shift code, a root sequence, or an orthogonal cover code. However, in a similar field of endeavor, Gulati discloses in [0114], when transmitting the sidelink control information, the transmitting device may also determine a sequence identifier, a time domain orthogonal cover code (TD-OCC), a frequency domain orthogonal cover code (FD-OCC), and/or a cyclic shift to use for transmitting the sidelink control information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Belleschi to include the above limitations as suggested by Gulati, to allow for distinguishing a transmission of the transmitting device from another transmission of another transmitting device on a same frequency resource as indicated in [0009] of Gulati, which allows for the creation of a more robust and efficient system for managing resources and minimizing interference in wireless communication networks. Claim 17 is rejected for having the same limitations as claim 7 above, except the claim is in third terminal apparatus format. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0171796 A1 to Ji et al., directed to indicating priority by a SCI in which the higher a value of the priority, the lower the priority. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENKEY VAN whose telephone number is (571)270-7160. The examiner can normally be reached Monday - Friday 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 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. /JENKEY VAN/Primary Examiner, Art Unit 2477
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Prosecution Timeline

Show 2 earlier events
Jul 29, 2025
Non-Final Rejection mailed — §103
Oct 28, 2025
Response Filed
Nov 10, 2025
Final Rejection mailed — §103
Feb 10, 2026
Request for Continued Examination
Feb 26, 2026
Response after Non-Final Action
Mar 23, 2026
Non-Final Rejection mailed — §103
Jun 11, 2026
Response Filed
Aug 07, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12690029
METHODS AND COMMUNICATIONS DEVICES
3y 5m to grant Granted Jul 21, 2026
Patent 12690023
Frequency-Domain Data Merging Method and Apparatus, Storage Medium, and Electronic Apparatus
2y 0m to grant Granted Jul 21, 2026
Patent 12672108
METHOD FOR DETERMINING SIDELINK FEEDBACK INFORMATION AND COMMUNICATION DEVICE
3y 11m to grant Granted Jun 30, 2026
Patent 12672127
Reusing Sidelink Resources Associated With Dropped Configured Grant
3y 5m to grant Granted Jun 30, 2026
Patent 12666499
COMMUNICATION CONFIGURATION METHOD AND COMMUNICATION APPARATUS
3y 1m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+30.4%)
3y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 573 resolved cases by this examiner. Grant probability derived from career allowance rate.

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