Prosecution Insights
Last updated: April 19, 2026
Application No. 18/510,690

DATA SENDING METHOD, DATA RECEIVING METHOD, RESOURCE INDICATION METHOD, APPARATUS, AND SYSTEM

Non-Final OA §102§103§112
Filed
Nov 16, 2023
Examiner
NGUYEN, PHUONGCHAU BA
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
665 granted / 749 resolved
+30.8% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
775
Total Applications
across all art units

Statute-Specific Performance

§101
11.1%
-28.9% vs TC avg
§103
32.0%
-8.0% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 749 resolved cases

Office Action

§102 §103 §112
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 . Priority Applicant’s claim for the benefit of a prior-filed application, PCT/CN2022/095424 filed 5-27-22, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202110584976.8 filed 5-27-21. Information Disclosure Statement The information disclosure statement (IDS) submitted on 1-2-25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings were received on 11-16-23. These drawings are acceptable. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Election/Restrictions Claims 4-8, 13-15, 19-21 & 25-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A2, B, C & D, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1-27-26. Applicant’s election without traverse of Species A1 of Claims 1, 10, 16 & 22 and 2-3, 11-12, 17-18 & 23-24 in the reply filed on 1-27-26 is acknowledged. -Note that claims 8-9, 15, 20-21 (not 20-22 as indicated as canceled) & claims 29-30 in this Election. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 10 recites the limitation "a second message" in line 2. There is insufficient antecedent basis for this limitation in the claim. In this case, there is no first message recited before the second message. -Claims 11-12 are also rejected in virtue of their dependencies on the independent claim 10. 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 (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 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. Claim(s) 1-3, 10-12 & 22-24 is/are rejected under 35 U.S.C. 102(a)(1-2) as being anticipated by Loehr (US 2020/0314819 A1). Regarding Claim 1. Loehr (US 2020/0314819 A1) discloses a data sending method {Loehr: Fig.5-7}, comprising: receiving, by a first terminal device {Loehr: V2X TX UE 504-Fig.5}, a first message {Loehr: 512-Fig.5 & ¶0068 wherein “a second communication 512 transmitted from the eNB 502 to the V2X TX UE 504, the eNB 502 transmits a SL grant (e.g., HARQ process ID=X, NDI=1, LTE PUCCH ACK/NACK resource) to the V2X TX UE 504”} indicating a first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073}; and sending, by the first terminal device {Loehr: V2X TX UE 504-Fig.5}, first data {Loehr: 514-Fig.5 & ¶0069 wherein “a third communication 514 transmitted from the V2X TX UE 504 to the V2X TX UE 506, the V2X TX UE 504 transmits a SL grant (NR) (e.g., HARQ process ID=X, NDI=1) to the V2X TX UE 506”} to at least one second terminal device {Loehr: V2X TX UE 406-Fig.4} on at least one first transmission resource {Loehr: SL resources, ¶0073} in the first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073}, wherein the at least one first transmission resource {Loehr: SL resources, ¶0073} is a sidelink transmission resource. Regarding Claim 2. The method of claim 1, wherein a start moment of the first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7} is k slots {Loehr: x+1 614-Fig.6 & 714-Fig.7} after the first message is received, an end moment of the first time window is before a first uplink transmission resource, the first uplink transmission resource {Loehr: 524-Fig.5 & ¶0070 wherein “an eighth communication 524 transmitted from the V2X TX UE 504 to the eNB 502, the V2X TX UE 504 transmits NACK for SL grant to the eNB 502”; see also ¶0071} is used by the first terminal device {Loehr: V2X TX UE 504-Fig.5} to send second data {Loehr: NACK ¶0070 or ACK ¶0071} to a network device {Loehr: eNB 502-Fig.5}, and k is a positive integer {Loehr: ¶0073 TTI x+1 is a positive integer}. Regarding Claim 3. The method of claim 2, wherein a value of k is indicated by using radio resource control (RRC) signaling {Loehr: 512-Fig.5 & ¶0067 and 806-Fig.8 & ¶0077}. Regarding Claim 22. -Claim 22 is rejected with the same reasons as set forth in claim 1 and as following: A communication apparatus {Loehr: V2X TX UE 504-Fig.5}, comprising: a non-transitory memory {Loehr: memory 204-Fig.2} storing a computer program {Loehr: ¶0046 wherein “the memory 204 also stores program code and related data, such as an operating system or other controller algorithms operating on the remote unit 102”}; and a processor {Loehr: processor 202-Fig.2 & ¶0045 wherein “the processor 202 executes instructions stored in the memory 204 to perform the methods and routines described herein”} configured to execute the computer program to cause the communication apparatus to: receive a first message, wherein the first message indicates a first time window; and send first data to at least one second terminal device on at least one first transmission resource in the first time window, wherein the at least one first transmission resource is a sidelink transmission resource. Regarding Claim 23. The communication apparatus of claim 22, wherein a start moment of the first time window is k slots after the first message is received, an end moment of the first time window is before a first uplink transmission resource, the first uplink transmission resource is used by the communication apparatus to send second data to a network device, and k is a positive integer. -Claim 23 is rejected with the same reasons as set forth in claims 1-2 & 21-22. Regarding Claim 24. The communication apparatus of claim 23, wherein a value of k is indicated by using radio resource control (RRC) signaling. -Claim 24 is rejected with the same reasons as set forth in claims 1-2, 22-23 & 3. Regarding Claim 10. A data receiving method, comprising: receiving, by a second terminal device {Loehr: V2X TX UE 506-Fig.5}, a second message {Loehr: 514-Fig.5 & ¶0069 wherein “a third communication 514 transmitted from the V2X TX UE 504 to the V2X TX UE 506, the V2X TX UE 504 transmits a SL grant (NR) (e.g., HARQ process ID=X, NDI=1) to the V2X TX UE 506”} indicating a first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7}; and receiving, by the second terminal device {Loehr: V2X TX UE 506-Fig.5}, first data {Loehr: SL grant (NR)(e.g. HARQ process ID=x, NDI=1) 514-Fig.5 & ¶0069} from a first terminal device {Loehr: V2X TX UE 504-Fig.5} in the first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7}. Regarding Claim 11. The method of claim 10, wherein a start moment of the first time window is k slots after the second message is received, an end moment of the first time window is before a first uplink transmission resource, the first uplink transmission resource is used by the second terminal device to send the first data to a network device, and k is a positive integer. -Claim 11 is rejected with the same reasons as set forth in claims 1-2 & 10. Regarding Claim 12. The method of claim 11, wherein a value of k is indicated by using radio resource control (RRC) signaling. -Claim 12 is rejected with the same reasons as set forth in claims 1-2, 10-11 & 3. 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. Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loehr (US 2020/0314819 A1) in view of Miao (US 12,119,945 B2). Regarding Claim 16. A resource indication method, comprising: sending, by a network device {Loehr: V2X TX UE 504-Fig.5}, a first message {Loehr: 514-Fig.5 & ¶0069 wherein “a third communication 514 transmitted from the V2X TX UE 504 to the V2X TX UE 506, the V2X TX UE 504 transmits a SL grant (NR) (e.g., HARQ process ID=X, NDI=1) to the V2X TX UE 506”} to a first terminal device {Loehr: VX2 TX UE 506-Fig.5}, wherein the first message {Loehr: 514-Fig.5} indicates a first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7}; and wherein the first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7} is used by the first terminal device {Loehr: VX2 TX UE 504-Fig.5} to send first data {Loehr: 514-Fig.5 & ¶0069 wherein “in the third communication 514 transmitted from the V2X TX UE 504 to the V2X TX UE 506, the V2X TX UE 504 transmits a SL grant (NR) (e.g., HARQ process ID=X, NDI=1) to the V2X TX UE 506”} to the at least one second terminal device {Loehr: VX2 TX UE 506-Fig.5} on at least one first transmission resource {Loehr: SL resources, ¶0073} in the first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7}, and the at least one first transmission resource {Loehr: SL resources, ¶0073} is a sidelink transmission resource; or the first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7} is used by the at least one second terminal device {Loehr: VX2 TX UE 506-Fig.5} to receive the first data in the first time window {Loehr: a predefined TTI/subframe (e.g. TTI x+1), the claimed first time window, ¶0073, see also Figs.6-7}. Loehr does not explicitly disclose sending, by the network device, a second message to at least one second terminal device, wherein the second message indicates the first time window. However, in the same field of endeavor, Miao (US 12,119,945 B2) disclose sending, by the network device, a second message to at least one second terminal device, wherein the second message indicates the first time window {Miao: Fig.14 wherein V2V-TX UE transmits groupcast PSSCH MSG #1(the claimed first message) to V2V-RX UE#1 and groupcast PSSCH MSG #1 (the claimed second message) to V2V-RX UE#2}. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to Miao’s teaching to Loehr’s system with the motivation being to provide “smaller latency as well as higher reliability”{Miao: col.2, lines 54-55}. Regarding Claim 17. The method of claim 16, wherein a start moment of the first time window is k slots after the first message or the second message is sent, an end moment of the first time window is before a first uplink transmission resource, the first uplink transmission resource is used by the network device to receive second data from the first terminal device and the first data from the at least one second terminal device, and k is a positive integer. -Claim 17 is rejected with the same reasons as set forth in claims 1-2, 10-11 & 16. Regarding Claim 18. The method of claim 17, wherein a value of k is indicated by using radio resource control (RRC) signaling. -Claim 12 is rejected with the same reasons as set forth in claims 1-3, 10-12 & 16-17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liu (US 11375500 B2, same assignee) discloses a communication method, a base station, a user equipment (UE), and a communications system. The method includes generating an uplink resource request message including identification information of a first UE, and sending, by the first UE, the uplink resource request message to a base station on a third time domain resource of a first subframe. The first subframe includes a first, second and third time domain resource, the first time domain resource of the first subframe is before the second time domain resource, the second time domain resource is before the third time domain resource, the first time domain resource is used to send first downlink control information, the second time domain resource is used to send downlink data, the first resource indication information indicates a first downlink resource used by base station to send the downlink data to a second UE {Claims 1-20}. Wang (US 20220264646 A1, same assignee, abandonment 6/30/25) discloses a data sending method, a data receiving method, and an apparatus, and may be applied to communications systems, for example, V2X, LTE-V, V2V, internet of vehicles, MTC, IoT, LTE-M, M2M, and internet of things. A network device may configure a resource of a sidelink over an unlicensed spectrum for a first terminal device, and send the resource of the sidelink over the unlicensed spectrum to the first terminal device by using indication information. In this case, the first terminal device may perform channel listening on the sidelink over the unlicensed spectrum based on the configuration of the network device, and determine, based on a channel listening result, whether to send data to a second terminal device on the sidelink over the unlicensed spectrum {Claims 1-20}. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONGCHAU BA NGUYEN whose telephone number is (571)272-3148. The examiner can normally be reached Monday-Thursday 7:30 AM -5:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, RICKY NGO can be reached at 571-272-3139. 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. /PHUONGCHAU BA NGUYEN/ Primary Examiner, Art Unit 2464
Read full office action

Prosecution Timeline

Nov 16, 2023
Application Filed
Mar 11, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+15.9%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 749 resolved cases by this examiner. Grant probability derived from career allow rate.

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