Prosecution Insights
Last updated: April 19, 2026
Application No. 18/367,271

METHOD AND DEVICE FOR RESOURCE SENSING AND SELECTION IN SIDELINK COMMUNICATION SUPPORTING DRX OPERATION

Non-Final OA §102§103
Filed
Sep 12, 2023
Examiner
LEE, JAE YOUNG
Art Unit
2479
Tech Center
2400 — Computer Networks
Assignee
Wonkwang University Center For Industry-Academy Cooperation
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
90%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
533 granted / 710 resolved
+17.1% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
16 currently pending
Career history
726
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
26.4%
-13.6% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 710 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 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. 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)(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. Claims 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wen et al. (US 2023/0403681). Regarding claim 1, Wen discloses A method of a first user equipment (UE), the method comprising: performing a resource sensing operation in consideration of a discontinuous reception (DRX) cycle of a second UE performing a DRX operation (Fig. 6, ¶ [0087]: as shown in FIG. 6, which shows a timing diagram of resource sensing and selection performed by the first terminal and discontinuous reception performed by the second terminal); performing a resource selection operation based on a result of the resource sensing operation in an on-duration period within the DRX cycle (Fig. 6, paragraph [0088]: Transmission resources are selected for a data packet in the target resource selection window according to sensing results; paragraph [0171]: The second resource selection window is a time period from n+T1 to n+TRX_end, and n+TRX_end is an end of the current DRX-On Duration of the second terminal); and performing sidelink communication with the second UE using transmission resources selected by the resource selection operation (paragraph [0015]: a resource selection module, configured to select a transmission resource for a data packet in the target resource selection window … a transmission module, configured to transmit the data packet to the second terminal on the transmission resource). Regarding claim 2, Wen discloses wherein the on-duration period of the second UE existing after an end time of a resource sensing window in which the resource sensing operation is performed is configured as a resource selection window in which the resource selection operation is performed (Fig. 6, paragraph [0088]: Transmission resources are selected for a data packet in the target resource selection window according to sensing results; paragraph [0171]: The second resource selection window is a time period from n+T1 to n+TRX_end, and n+TRX_end is an end of the current DRX-On Duration of the second terminal). Regarding claim 3, Wen discloses wherein when a start time of the resource sensing window is before a time obtained by subtracting a length of the resource sensing window from a start time of the resource selection window, the resource sensing operation is further performed during a period from the end time of the resource sensing window to the start time of the resource selection window (Fig. 6, paragraph [0088]: In particular, decoding of the PSCCH (Physical Sidelink Control Channel) and PSSCH (Physical Sidelink Shared Channel)-RSRP (Reference Signal Receiving Power) or PSCCH-RSRP measurement are performed by detecting a sensing window [n−T0, n-Tproc,0) time period, and obtains results used for resource selection. Transmission resources are selected for a data packet in the target resource selection window according to sensing results, wherein T0 is a length of a sensing window configured by a higher layer, and Tproc,0 is time required for the terminal UE to process the previous sensing result; paragraph [0171]: The second resource selection window is a time period from n+T1 to n+TRX_end, and n+TRX_end is an end of the current DRX-On Duration of the second terminal). Regarding claim 4, Wen discloses wherein the resource sensing operation is performed in one or more on-duration periods configured in the second UE (paragraph [0171]: The second resource selection window is a time period from n+T1 to n+TRX_end, and n+TRX_end is an end of the current DRX-On Duration of the second terminal); and a length of the one or more on-duration periods (Fig. 6 on-duration within DRX cycle of RxUE) does not exceed a length of a resource sensing window configured for the resource sensing operation (Fig. 6, paragraph [0088]: In particular, decoding of the PSCCH (Physical Sidelink Control Channel) and PSSCH (Physical Sidelink Shared Channel)-RSRP (Reference Signal Receiving Power) or PSCCH-RSRP measurement are performed by detecting a sensing window [n−T0, n-Tproc,0) time period). Regarding claim 5, Wen discloses a resource sensing window in which the resource sensing operation is performed includes n on-duration periods configured in the second UE; and the resource sensing operation is performed in the n on-duration periods, wherein n is a natural number (Fig. 6 The TxUE’s resource sensing window overlaps the RxUE’s on-durations). 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 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 of this title, 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 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wen et al. (US 2023/0403681) in view of Freda et al. (US 2023/0063472). Regarding claim 6, Wen discloses wherein performing the resource sensing operation includes: performing the resource sensing operation in a first resource sensing window (Fig. 6, ¶ [0087]: as shown in FIG. 6, which shows a timing diagram of resource sensing and selection performed by the first terminal and discontinuous reception performed by the second terminal). Wen discloses all the subject matter of the claimed invention with the exception of wherein performing the resource sensing operation includes: performing the resource sensing operation in a first resource sensing window; and re-performing the resource sensing operation after the first resource sensing window when a degree of congestion in the first resource sensing window is greater than or equal to a threshold. Freda from the same or similar fields of endeavor discloses wherein performing the resource sensing operation includes: performing the resource sensing operation in a first resource sensing window; and re-performing the resource sensing operation after the first resource sensing window when a degree of congestion in the first resource sensing window is greater than or equal to a threshold (¶ [0461]: a WTRU may be configured to monitor on a first pool as long as the number of transmissions received on the first pool over a configured time period is below a threshold; ¶ [1194]: The number of resources in the sensing window in which the measured RSSI is above a threshold; ¶ [1202]: (A). Activity on a First Pool Measured by Sensing Triggers Activity on a Second Pool For example, a WTRU may be configured to monitor sensing results associated with a first pool of resources and may initiate monitoring of a second pool (either for reception, or for sensing results for transmission) when some conditions associated with the first pool of transmissions is met, such as the following or any other conditions associated with sensing results described herein: … ¶ [1204] the RSSI (possibly averaged over multiple resources) associated with a percentage of resources in the first pool is above/below a threshold). Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to adopt Freda’s threshold and monitoring technique (e.g., threshold-based sensing reactions to poor sensing results or elevated measured activity (e.g., high RSSI above-threshold resources) in Wen’s sensing flow to re‑perform sensing or initiate additional sensing when the first sensing window indicates excessive usage/congestion, with a reasonable expectation that the modification. The motivation would have been to Increases the reliability of Transmissions (Freda ¶ [0658]). Regarding claim 8, Wen discloses wherein … the resource sensing operation is performed, the resource selection operation is performed after the resource sensing operation (Fig. 6, paragraph [0088]: Transmission resources are selected for a data packet in the target resource selection window according to sensing results; paragraph [0171]: The second resource selection window is a time period from n+T1 to n+TRX_end, and n+TRX_end is an end of the current DRX-On Duration of the second terminal). Wen discloses all the subject matter of the claimed invention with the exception of wherein when a degree of congestion is less than a threshold in a resource sensing window in which the resource sensing operation is performed, the resource selection operation is performed after the resource sensing operation. However, Wen explicitly discloses select a transmission resource for a data packet in the target resource selection window after sensing window. Freda from the same or similar fields of endeavor discloses wherein when a degree of congestion is less than a threshold in a resource sensing window in which the resource sensing operation is performed, the resource selection operation is performed after the resource sensing operation (¶ [0579]: a WTRU performing reception-based DRX or similar may be configured with an activity behavior (e.g. an on-duration timer or an activity timer) which is dependent on the sensing results at the WTRU … ¶ [0581]: Amount, percentage, or density of resources for which received signal strength indicator (RSSI) is above/below a threshold; ¶ [0461]: a WTRU may be configured to monitor on a first pool as long as the number of transmissions received on the first pool over a configured time period is below a threshold; ¶ [1194]: The number of resources in the sensing window in which the measured RSSI is above a threshold; ¶ [1202]: (A). Activity on a First Pool Measured by Sensing Triggers Activity on a Second Pool For example, a WTRU may be configured to monitor sensing results associated with a first pool of resources and may initiate monitoring of a second pool (either for reception, or for sensing results for transmission) when some conditions associated with the first pool of transmissions is met, such as the following or any other conditions associated with sensing results described herein: … ¶ [1204] the RSSI (possibly averaged over multiple resources) associated with a percentage of resources in the first pool is above/below a threshold). Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to combine Freda’s threshold‑based sensing/monitoring teachings with Wen’s DRX‑aware sensing and selection flow. Applying Freda’s sensed‑metric thresholds to Wen’s sensing window would have been a predictable design choice to determine whether to proceed with resource selection (when congestion/activity is below the threshold) or to re‑evaluate sensing or take other remedial action (when congestion/activity exceeds the threshold). The motivation would have been to Increases the reliability of Transmissions (Freda ¶ [0658]). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wen et al. (US 2023/0403681) in view of Chae et al. (US 2022/0173854) and Wang (US 2023/0388054). Regarding claim 7, Wen discloses all the subject matter of the claimed invention with the exception of wherein re-performing the resource sensing operation is performed by a maximum number of retransmissions, and the maximum number of retransmissions is set by higher-layer signaling. Chae from the same or similar fields of endeavor discloses wherein re-performing the resource sensing operation is performed by a … number of retransmissions (FIG 24, ¶ [0242]: a sensing threshold offset an for retransmission number n may be applied for sidelink sensing operation … The PSCCH or the sidelink control information may indicate a retransmission number for each reserved resource … the first wireless device may apply a sensing threshold b1 on the first reserved resource and a sensing threshold b2 on the second reserved resource and so on. For example, bn may be greater than equal to bn-1 where n is an integer of (re)transmission number/order or an integer indicating the (re)transmission number/order). Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to integrate Chae’s retransmission-indexed sensing behavior into Wen’s DRX-aware sensing/selection loop so that sensing is re-performed for each retransmission opportunity and the sensing parameters (e.g., thresholds/offsets) are adapted based on the retransmission count. The motivation would have been to perform efficient transmission resource management and increase reliability of sidelink (Chae ¶ [0235]). Wen in view of Chae discloses all the subject matter of the claimed invention with the exception of a maximum number of retransmissions, and the maximum number of retransmissions is set by higher-layer signaling. Wang from the same or similar fields of endeavor discloses a maximum number of retransmissions, and the maximum number of retransmissions is set by higher-layer signaling (¶¶ [0180], [0181]: for a remote UE that is connected to a serving base station via a relay UE, and for a data transmission from the remote UE to the relay UE using a HARQ process that has reached the maximum number of retransmissions for the data/TB, the remote UE can signal to the base station that the maximum number of retransmissions has been reached. An indication that a maximum number of retransmission has been reached can be sent according to any of the alternatives set out below: in RRC signalling (e.g., UU RRC)). Therefore, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention was made to combine Wang’s a maximum number of retransmissions configured via RRC (i.e., higher-layer) signaling with Wen in view Chae’s re‑sensing/retransmission loop, thereby re-performing sensing per retransmission up to a configured maximum. The motivation would have been to improve transmission reliability (Wang ¶ [0676]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jae Y. Lee whose telephone number is (571) 270-3936. The examiner can normally be reached on Monday through Friday from 7:30 AM to 5:00 PM EST. 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. 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. /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479
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Prosecution Timeline

Sep 12, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
90%
With Interview (+14.6%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 710 resolved cases by this examiner. Grant probability derived from career allow rate.

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