Prosecution Insights
Last updated: August 18, 2026
Application No. 18/578,608

METHOD AND APPARATUS FOR EVALUATING TIME-FREQUENCY RESOURCE TO BE TRANSMITTED, RESOURCE SELECTION METHOD AND APPARATUS, AND DEVICE

Non-Final OA §103
Filed
Jan 11, 2024
Priority
Jul 14, 2021 — nonprovisional of PCTCN2021106353
Examiner
PEREZ, JULIO R
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
593 granted / 713 resolved
+21.2% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
31 currently pending
Career history
745
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
58.1%
+18.1% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 713 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 . This Office Action is in response to initial filing on 09/26/2023. Claim 1- 7, 15-17 and 32 are currently pending and have been considered below. Drawings The drawings were received on 01/11/2024. These drawings are reviewed and accepted by the Examiner. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/19/2024 and 06/26/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claims 1-5, 15-17 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over et al. (US 20240031999 to Yue with priority of us-provisional-application US 63171006, of, IDS, hereinafter ‘YUE’). Regarding claim 1, Yue discloses a method for evaluating a time-frequency resource to be used for transmission, comprising: performing, based on partial sensing (a UE performs contiguous based partial sensing, it monitors the slots between [T.sub.CPS,st, T.sub.CPS,end], see [0145]; when resource (re)selection is triggered at slot n, the UE will select a resource from a set of Y candidate slots within a resource selection window [n+T.sub.1, n+T.sub.2]., [0145]; and Given the time to complete the sensing process and resource selection processing, the ending slot for contiguous partial sensing is T.sub.CPS,end=t.sub.y0−T.sub.proc,0−T.sub.proc,1., see [0146]), at least one of resource re- evaluation and/or or resource preemption evaluation (After selecting the resource, the UE then performs re-evaluation and pre-emption if configured, see [0148])) for the time-frequency resource to be used for transmission in a first target time unit (FIG. 3 illustrates an example of a resource pool in the time-frequency resource grid, see [0089] and Figure 3); wherein the first target time unit is different from a second target time unit (Figure 6-7)), the first target time unit is earlier than the second target time unit (in any of the preceding aspects, the last slot of the second candidate resource region is earlier than a first slot of the first candidate resource region by a processing time for resource selection, see [0029] and Figures 6-7). Yue in a first embodiment does not expressly disclose and the second target time unit is a time unit which is used when performing the at least one of resource re-evaluation and/or or resource preemption evaluation for the time-frequency resource to be used for transmission based on sensing. However, in different embodiments, Yue discloses [0123] FIG. 8 illustrates a diagram of switching between sensing based and random resource selection. For sensing based resource selection, the reselection procedure attempts to select a certain number of sub-channels based on sensing evaluations. The system load can be indicated by the occupied resource ratio or available resource ratio, which can be obtained through full or partial sensing. [0148] It is possible that there is an overlap between the slots for contiguous partial sensing and the slots in periodic based partial sensing. After selecting the resource, the UE then performs re-evaluation and pre-emption if configured). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the combine the first embodiment with the second embodiments of Yue in order to differentiate between the sensing observation periods and the actual transmission timing and to prevent invalid alteration assessments, thus tracking fast changes in the wireless channel between the time a resource is confirmed and the time it is really used. Regarding claim 2, Yue discloses the method according to claim 1, wherein performing the at least one of resource re-evaluation and/or or resource preemption evaluation for the time-frequency resource to be used for transmission in the first target time unit comprises: performing the at least one of resource re-evaluation and/or or resource preemption evaluation in the first target time unit to obtain an initial candidate resource set ([0014] the first slot of the sensing slots is earlier than the first slot of the candidate resource slots by at least the minimum number of sensing slots.); wherein the initial candidate resource set is a candidate resource set before resource exclusion based on partial sensing (0128] As shown in FIG. 10, when performing periodic based partial sensing, the transmitting UE monitors one or more periodic occasions with Y candidate slots on each occasion, where a periodic sensing occasion is a set of slots according to t.sub.y−k×P.sub.reserve.sup.SL, t.sub.y.sup.SL is in the set of Y candidate slots within the resource selection window, …). Regarding claim 3, Yue discloses the method according to claim 2, further comprising: wherein the first target time unit [[being]] is earlier than the first time unit of Y time units ([0128] As shown in FIG. 10, when performing periodic based partial sensing, the transmitting UE monitors one or more periodic occasions with Y candidate slots on each occasion, where a periodic sensing occasion is a set of slots according to t.sub.y−k×P.sub.reserve.sup.SL, t.sub.y.sup.SL is in the set of Y candidate slots within the resource selection window, and the set of k values indicate the sensing occasions); wherein the Y time units are time units belonging to a specific time unit set, the specific time unit set is a time unit set obtained based on mapping of a target time unit set ([0128] For example, when k∈{1, 2}, the UE performs partial sensing on t.sub.y−1×P.sub.reserve.sup.SL and t.sub.y−2×P.sub.reserve.sup.SL. If k is specified as a bitmap as in LTE V2X, i.e., {i.sub.1, i.sub.2, . . . , i.sub.k, . . . , }, i.sub.k∈{0,1}, the UE performs partial sensing on the occasion of t.sub.y−k×P.sub.reserve.sup.SL, where i.sub.k=1. Since for some periodicity, the sensing occasion for a small k value may fall in the slots for UE processing time that is not used for sensing, to excluding the slots that is not used for sensing, …), and the target time unit set is an initial candidate time unit set which is determined when performing selection of the time-frequency resource to be used for transmission based on partial sensing [0123] FIG. 8 illustrates a diagram of switching between sensing based and random resource selection. For sensing based resource selection, the reselection procedure attempts to select a certain number of sub-channels based on sensing evaluations. The system load can be indicated by the occupied resource ratio or available resource ratio, which can be obtained through full or partial sensing. [0148] It is possible that there is an overlap between the slots for contiguous partial sensing and the slots in periodic based partial sensing. After selecting the resource, the UE then performs re-evaluation and pre-emption if configured). Regarding claim 4, Yue discloses the method according to claim 2, wherein the initial candidate resource set comprises a candidate resource of at least Z time units ([0089] FIG. 3 illustrates an example of a resource pool in the time-frequency resource grid. A resource pool for sidelink can be configured in units of slots in the time domain and physical resource blocks (PRBs) or sub-channels in the frequency domain. A sub-channel consists of one or more PRBs.). Regarding claim 5, Yue discloses the method according to claim 4, wherein the Z time units are one of: the Z time units are a preset number of time units (Given the time to complete the sensing process and resource selection processing, the ending slot for contiguous partial sensing is T.sub.CPS,end=t.sub.y0−T.sub.proc,0−T.sub.proc,1., see [0146]), at least one of resource re- evaluation and/or or resource preemption evaluation (After selecting the resource, the UE then performs re-evaluation and pre-emption if configured, see [0148])); [[or,]] the Z time units are a number of time units configured by a network device; or[[,]] the Z time units are being preconfigured or predefined). Claim 15 contains subject matter similar to claim 1, and thus, is rejected under similar rationale. (Yue, [0004] “method implemented by a user equipment (UE),” thus terminal device). Claim 16 contains subject matter similar to claim 2, and thus, is rejected under similar rationale. Claim 17 contains subject matter similar to claim 3, and thus, is rejected under similar rationale. Claim 18 contains subject matter similar to claim 1, and thus, is rejected under similar rationale. Allowable Subject Matter Claims 6 and 7are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Claims 6 and 7 would be allowable because the closest prior art 20140220981 to Yue et discloses in any of the preceding aspects, the last slot of the second candidate resource region is earlier than a first slot of the first candidate resource region by a processing time for resource selection, but the closest prior art either alone or in combination, fail to anticipate or render obvious a method or system, wherein in a case where: in response to that the at least one of resource re-evaluation or resource preemption evaluation selects the initial candidate resource set only in a specific time unit set, ensuring that the number of time units belonging to the specific time unit within a first time window [A+T3, A+T4] is not less than the Z time units; wherein A is the first target time unit, T3 is processing time of a terminal, T4 is packet delay budge of to-be-transmitted data, the specific time unit set is a time unit set obtained based on mapping of a target time unit set, and the target time unit set is an initial candidate time unit set which is determined when performing selection of the time- frequency resource based on partial sensing (claim 6), and wherein in response to that Z is less than Y, the first target time unit is earlier than a (Y-Z+1)-th time unit in a specific time unit set; wherein Y time units are time units belonging to the specific time unit set, the specific time unit set is a time unit set obtained based on mapping of a target time unit set, and the target time unit set is an initial candidate time unit set which is determined when performing selection of the time-frequency resource to be used for transmission based on partial sensing (Claim 7), as defined in the specification, in combination with all other limitations in the claim(s) as defined by applicant. Claims 8-9 would also be allowable in view of their dependency on claim 7. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F. 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, Kathy Wang-Hurst can be reached at 5712705371. 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. /JULIO R PEREZ/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Jan 11, 2024
Application Filed
Jul 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
92%
With Interview (+9.3%)
2y 10m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 713 resolved cases by this examiner. Grant probability derived from career allowance rate.

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