Prosecution Insights
Last updated: October 01, 2026
Application No. 18/589,592

RESOURCE CONFIGURATION METHOD AND COMMUNICATION APPARATUS

Final Rejection §103
Filed
Feb 28, 2024
Priority
Aug 31, 2021 — CN 202111013768.9 +1 more
Examiner
SOE, KYAW Z
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
324 granted / 361 resolved
+31.8% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
42 currently pending
Career history
400
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
65.2%
+25.2% vs TC avg
§102
6.9%
-33.1% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 361 resolved cases

Office Action

§103
Detail Action This office action is a response to an amendment submitted on 05/11/2026. Claims 1- 20 are pending for examination. 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 . Information Disclosure Statement The information disclosure statement (IDS) was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority 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. Drawings The Examiner contends that the drawings submitted on 02/28/2024 are acceptable for examination proceedings. Response to Amendment Claims 1, 4, 6, 9, 11, 14, 16, 19 and 20 have been amended. Response to Arguments Applicant's arguments filed on 05/11/2026 with respect to claim(s) have been considered but are moot because the new ground of rejection. Part of the indicated allowable subject matter of previously allowable claims 4, 9, 14, and 19 can be found in view of the newly discovered reference(s) and rejected under new ground based on the newly cited reference(s) as follow. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 non-obviousness. Claims 1-3, 6-8, 11-13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20190150135 A1), hereinafter “Lee”; in view of Nguyen et al. (US 20200195414 A1), hereinafter “Nguyen”; and in further view of Zhao et al. (US 20190181997 A1), hereinafter “Zhao”. Regarding claim 1, Lee teaches A resource configuration method, comprising: obtaining first configuration information, wherein the first configuration information indicates a first resource pool used by a first terminal apparatus to send first information [Lee: Fig. 10, 11; Par. 126- 150 teaches of sending and receiving V2V message transmission resource including communication-related resource pool 102], and the first information is information using new radio (NR) radio access; and sending resource occupation information to a network apparatus, wherein the resource occupation information indicates resource occupation of a second information set in the first resource pool [Lee; Fig. 10; Par. 137- 140 teaches of selecting resource information from resource pool], PNG media_image1.png 428 632 media_image1.png Greyscale However, Lee does not teach the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access. Nevertheless, Nguyen, in the similar filed of endeavor, teaches the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access [Nguyen: Fig. 5; Par. 27; 75- 80 teaches of receiving and transmitting of first and second packets with different RAT and scheduled to transmit V2X communication]. PNG media_image2.png 668 412 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Nguyen for detecting and selecting prior packet/ information in different radio access network. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication without interruption [Nguyen: Par. 11]. However, Lee in view of Nguyen does not teach the resource occupation information comprises resource usage, the resource usage is a ratio of a quantity of subchannels occupied by the second information set in a first measurement window to a total quantity of subchannels that are in the first resource pool and comprised in the first measurement window. Nevertheless, Zhao, in the similar filed of endeavor, teaches the resource occupation information comprises resource usage, the resource usage is a ratio of a quantity of subchannels occupied by the second information set in a first measurement window to a total quantity of subchannels that are in the first resource pool and comprised in the first measurement window [Zhao: Figs. 3-8 ; Par. 81 – 92 teaches UE4 receives information transmits by other US to determine reservation occupancy situation of resources/ resource usage (Par.89) of resources in a subsequent period of time by detecting the received SA information in traffic transmission periodicity T1/ window, and occupies a resource R1 at time-frequency positions R1_0, R1_1 (Application’s specification Par. 63 described subchannel as time unit which can be slot/ subframe or the like) out of R1_1, R1_2, R1_3, and R1_4. PNG media_image3.png 534 448 media_image3.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Zhao for determine resource occupancy state in the state maintenance periodicity. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication to maintain the resource occupancy state for such a long period of time, and also more complex to select a resource [Zhao: Par. 8]. Regarding claim 2, the combined Lee/ Nguyen in view of Zhao teaches all the limitations in the parent claim 1. Lee/ Nguyen in view of Zhao further teaches receiving, from the network apparatus, second configuration information for reconfiguring the first resource pool to a second resource pool, wherein the second configuration information is determined based on the resource occupation information of the second information set in the first resource pool [Lee; Par. 125- 150 further teaches of having overlaps with resource pools and configured which resource pool has high priority, and the second resource pool is used, instead of the first resource pool, by the first terminal apparatus to send the first information [Nguyen: Fig. 5 illustrates selecting the one with priority based on prior packets]. Regarding claim 3, the combined Lee/ Nguyen in view of Zhao teaches all the limitations in the parent claim 1. Lee/ Nguyen in view of Zhao further teaches the first time-frequency resource belongs to time-frequency resources where the first resource pool overlaps a third resource pool used by the at least one second terminal apparatus to send the second information [Lee: Par. 125- 150]. Regarding claim 6, the claim is interpreted and rejected for the same reason as set forth for claim 1. Regarding claim 7, the claim is interpreted and rejected for the same reason as set forth for claim 2. Regarding claim 8, the claim is interpreted and rejected for the same reason as set forth for claim 3. Regarding claim 11, Lee teaches A communication apparatus, comprising a processor and a transceiver, wherein the processor is configured to obtain first configuration information, wherein the first configuration information indicates a first resource pool used by the communication apparatus to send first information[Lee: Fig. 10, 11; Par. 126- 150 teaches of sending and receiving V2V message transmission resource including communication-related resource pool 102], and the first information is information using new radio (NR) radio access; and the transceiver is configured to send resource occupation information to a network apparatus, wherein the resource occupation information indicates resource occupation of a second information set in the first resource pool[Lee; Fig. 10; Par. 137- 140 teaches of selecting resource information from resource pool], PNG media_image1.png 428 632 media_image1.png Greyscale However, Lee does not teach the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access. Nevertheless, Nguyen, in the similar filed of endeavor, teaches the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access [Nguyen: Fig. 5; Par. 27; 75- 80 teaches of receiving and transmitting of first and second packets with different RAT and scheduled to transmit V2X communication]. PNG media_image2.png 668 412 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Nguyen for detecting and selecting prior packet/ information in different radio access network. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication without interruption [Nguyen: Par. 11]. However, Lee in view of Nguyen does not teach the resource occupation information comprises resource usage, the resource usage is a ratio of a quantity of subchannels occupied by the second information set in a first measurement window to a total quantity of subchannels that are in the first resource pool and comprised in the first measurement window. Nevertheless, Zhao, in the similar filed of endeavor, teaches the resource occupation information comprises resource usage, the resource usage is a ratio of a quantity of subchannels occupied by the second information set in a first measurement window to a total quantity of subchannels that are in the first resource pool and comprised in the first measurement window [Zhao: Figs. 3-8 ; Par. 81 – 92 teaches UE4 receives information transmits by other US to determine reservation occupancy situation of resources/ resource usage (Par.89) of resources in a subsequent period of time by detecting the received SA information in traffic transmission periodicity T1/ window, and occupies a resource R1 at time-frequency positions R1_0, R1_1 (Application’s specification Par. 63 described subchannel as time unit which can be slot/ subframe or the like) out of R1_1, R1_2, R1_3, and R1_4. PNG media_image3.png 534 448 media_image3.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Zhao for determine resource occupancy state in the state maintenance periodicity. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication to maintain the resource occupancy state for such a long period of time, and also more complex to select a resource [Zhao: Par. 8]. Regarding claim 12, the claim is interpreted and rejected for the same reason as set forth for claim 2. Regarding claim 13, the claim is interpreted and rejected for the same reason as set forth for claim 3. Regarding claim 16, Lee teaches A communication apparatus, comprising a processor and a transceiver, wherein the processor is configured to generate first configuration information, wherein the first configuration information indicates a first resource pool used by a first terminal apparatus to send first information [Lee: Fig. 10, 11; Par. 126- 150 teaches of sending and receiving V2V message transmission resource including communication-related resource pool 102], and the first information is information using new radio (NR) radio access; and the transceiver is configured to: send the first configuration information to the first terminal apparatus, and receive resource occupation information from the first terminal apparatus, wherein the resource occupation information indicates resource occupation of a second information set in the first resource pool [Lee; Fig. 10; Par. 137- 140 teaches of selecting resource information from resource pool], PNG media_image1.png 428 632 media_image1.png Greyscale However, Lee does not teach the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access. Nevertheless, Nguyen, in the similar filed of endeavor, teaches the second information set comprises a set of second information received by the first terminal apparatus from at least one second terminal apparatus on a first time-frequency resource comprised in the first resource pool, and the second information is information using evolved universal terrestrial radio access (E-UTRA) radio access [Nguyen: Fig. 5; Par. 27; 75- 80 teaches of receiving and transmitting of first and second packets with different RAT and scheduled to transmit V2X communication]. PNG media_image2.png 668 412 media_image2.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Nguyen for detecting and selecting prior packet/ information in different radio access network. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication without interruption [Nguyen: Par. 11]. However, Lee in view of Nguyen does not teach the resource occupation information comprises resource usage, the resource usage is a ratio of a quantity of subchannels occupied by the second information set in a first measurement window to a total quantity of subchannels that are in the first resource pool and comprised in the first measurement window. Nevertheless, Zhao, in the similar filed of endeavor, teaches the resource occupation information comprises resource usage, the resource usage is a ratio of a quantity of subchannels occupied by the second information set in a first measurement window to a total quantity of subchannels that are in the first resource pool and comprised in the first measurement window [Zhao: Figs. 3-8 ; Par. 81 – 92 teaches UE4 receives information transmits by other US to determine reservation occupancy situation of resources/ resource usage (Par.89) of resources in a subsequent period of time by detecting the received SA information in traffic transmission periodicity T1/ window, and occupies a resource R1 at time-frequency positions R1_0, R1_1 (Application’s specification Par. 63 described subchannel as time unit which can be slot/ subframe or the like) out of R1_1, R1_2, R1_3, and R1_4. PNG media_image3.png 534 448 media_image3.png Greyscale Thus it would have been obvious to one of ordinary skill at the time the invention was made to utilize the teachings of Zhao for determine resource occupancy state in the state maintenance periodicity. One of ordinary skill in the art would be motivated to utilize the teachings of Nguyen in the Lee system in order to provide communication to maintain the resource occupancy state for such a long period of time, and also more complex to select a resource [Zhao: Par. 8]. Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth for claim 2. Regarding claim 18, the claim is interpreted and rejected for the same reason as set forth for claim 3. Allowable Subject Matter Claims 4-5, 9-10, 14-15, and 19-20 are 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 an examiner’s statement of reasons for allowable subject matter: A full search was conducted and the features of the instant claims 4-5, 9-10, 14-15, and 19-20 were not found to be in any reasonable combination of the closest prior art in combination of Lee in view of Nguyen. With respect to exemplary, the prior arts in above teach of method and devices for resource configuring and transmission based on priority [Lee: Abstract, Par. 125- 150 and Nguyen: Par. 75- 80]. However, the combined Lee in view of Nguyen does not disclose, suggest or render obvious the limitations of the instant claims 4, 9, 14 and 19 reciting; “a length of the first measurement window is configured, preconfigured, or predefined by the network apparatus, the subchannels occupied by the second information set comprise a subchannel whose reference signal received power (RSRP) value is greater than a first RSRP threshold, or a subchannel whose received signal strength indicator (RSSI) value is greater than a first RSSI threshold, and the first RSRP threshold or the first RSSI threshold is configured, preconfigured, or predefined by the network apparatus.” In addition, the combined Lee in view of Nguyen does not disclose, suggest or render obvious the limitations of the instant claims 5, 10, 15 and 20 reciting; “the resource usage is greater than or equal to a first threshold, and time-frequency resources comprised in the second resource pool are fewer than time-frequency resources comprised in the first resource pool; or the resource usage is greater than or equal to a second threshold, frequency domain resources comprised in the second resource pool do not overlap a first channel, and the first channel comprises frequency domain resources comprised in the first resource pool and frequency domain resources comprised in a third resource pool used by the at least one second terminal apparatus to send the second information; or the resource usage COR and a first proportion RE-UTRA NR satisfy the following formula: α1×COR≤RE-UTRA NR≤α2×COR, wherein 0<α1≤α2≤1, the first proportion is a proportion of frequency domain resources that are occupied on a first channel and that are in frequency domain resources of the second resource pool, and the first channel comprises frequency domain resources comprised in the first resource pool and frequency domain resources comprised in the third resource pool”. Therefore, Claims 4-5, 9-10, 14-15, and 19-20 are indicated as containing allowable subject matter and allowed over the closest Prior Art references of Lee in view of Nguyen. 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 The prior art made of record (see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure. 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 KYAW Z SOE whose telephone number is (571)270-0304. The examiner can normally be reached 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, Charles C Jiang can be reached at 5712707191. 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. /KYAW Z SOE/Primary Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Feb 28, 2024
Application Filed
Mar 19, 2024
Response after Non-Final Action
Feb 12, 2026
Non-Final Rejection mailed — §103
May 11, 2026
Response Filed
Aug 12, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+9.5%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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