Prosecution Insights
Last updated: July 17, 2026
Application No. 18/664,561

EVALUATION PERIOD, DETECTION PERIOD WITH ALLOWED DROPPING RATE AND MEASUREMENT PERIOD DETERMINATION

Non-Final OA §102
Filed
May 15, 2024
Priority
May 15, 2023 — IN 202341034079
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Nokia Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
803 granted / 949 resolved
+26.6% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
30 currently pending
Career history
972
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
28.6%
-11.4% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 949 resolved cases

Office Action

§102
CTNF 18/664,561 CTNF 79873 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim 15 is objected to because of the following informalities: Regarding claim 15, line 3, the claim recites the terms RAT and NR SL-U RAT. The acronyms should be defined, such as Radio Access Technology (RAT) . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim (s) 1-4, 8-11, 15-19, 21, 23, 24, and 27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al. (US 2024/0349100 A1), hereinafter referred to as D1 . Regarding claim 1, D1 discloses measurement evaluation periods for sidelink synchronization signals from synchronization reference sources, which comprises: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the terminal device at least to: measure a reference signal receiving power associated with a physical sidelink broadcast channel (PSBCH) of a reference device which is one of a plurality of synchronization reference devices (Referring to Figures 3-6, The UE may be capable of measuring a physical sidelink broadcast channel (PSBCH)-RSRP of a selected SyncRef UE used as the synchronization reference source. The UE may measure the PSBCH-RSRP associated with the SLSS transmitted by the SyncRef UE. The UE may evaluate the PSBCH-RSRP to initiate or cease its own SLSS transmission within a time period. The time period may be an SLSS evaluation period (T.sub.evaluate,SLSS) (in ms), which may equal four S-SSB periods. See paragraphs 0065-0067.); determine a number of consecutive periods associated with a listen before talk (LBT) failure in which a sidelink synchronization signal (SLSS) is unavailable from the reference device (Referring to Figures 3-6, In an SL-U, the SyncRef UE may not be able to transmit the SLSS due to an LBT failure. The SyncRef UE may be allowed to transmit the SLSS on additional candidate locations in case of LBT failure. For example, the SyncRef UE may be allowed to transmit S-SSBs on additional S-SSB candidate locations, with respect to S-SSB occasions, in case of LBT failures. Data may or may not be transmitted on these additional S-SSB candidate locations. The UE may not be able to measure or detect SyncRef UE(s) within the measurement evaluation period when SLSSs are not available due to LBT failure (a number of consecutive periods associated with LBT failure in which a SLSS is unavailable from the reference device), even with the additional S-SSB candidate locations. Whether the SLSSs from the SyncRef UE(s) are available to the UE may depend on which slots are measured by the UE. The UE may be unable to measure a synchronization reference source to decide whether to initiate or cease its own SLSS transmission, even though the UE may be required to measure the PSBCH-RSRP within the measurement evaluation period. See paragraphs 0068-0071.); and determine, based on the number of consecutive periods, at least one of an evaluation period, a detection period with allowed dropping rate or a measurement period for the terminal device to evaluate the reference signal receiving power, wherein the consecutive periods correspond to a plurality of consecutive sidelink synchronization signal block (S-SSB) periods or a plurality of consecutive discontinuous reception (DRX) cycles (Referring to Figures 3-6, a UE may determine whether an SLSS is received from a SyncRef UE during a measurement evaluation period. The measurement evaluation period (an evaluation period, a detection period) may be based at least in part on a quantity of S-SSB periods in which the SLSS from the SyncRef UE is not available. The measurement evaluation period may correspond to a default quantity of S-SSB periods (e.g., four S-SSB periods) plus the quantity of S-SSB periods in which the SLSS from the SyncRef UE is not available. The evaluation measurement period may be an extended evaluation measurement period when the SLSS from the SyncRef UE (or multiple SyncRef UEs) is not available (e.g., due to an LBT failure at the SyncRef UE). See paragraphs 0070-0072.) Regarding claim 2, D1 discloses wherein the number of consecutive periods is determined based on a priority level of the reference device for being a synchronization reference (Referring to Figures 3-6, GNSS may be associated with a highest priority, as compared to a network node. When a synchronization source is an SyncRef UE synced directly or indirectly to GNSS, a search for a synchronous SyncRef UE may be performed. The synchronous SyncRef UE may be synced directly or indirectly to GNSS. When the synchronization source is other SyncRef UEs, a search for an asynchronous SyncRef UE may be performed. The asynchronous SyncRef UE may not be synced directly or indirectly to GNSS. In some aspects, the network node may be associated with the highest priority, as compared to the GNSS. In this case, a search for an asynchronous SyncRef UE may always be performed.. See paragraphs 0087-0092.) Regarding claim 3, D1 discloses wherein the number of consecutive periods is a first number, the reference device is a first reference device, and the terminal device is caused to determine the number of consecutive periods by: based on determining that the priority level of the reference device is lower than a priority level of a second reference device for being a synchronization reference, determining the first number less than a second number of consecutive periods associated with at least one LBT failure in which a SLSS is unavailable from the second reference device (Referring to Figures 3-6, GNSS may be associated with a highest priority (second reference device, first number less than a se3cond number of consecutive periods), as compared to a network node (first network device, comprising a number of consecutive periods). When a synchronization source is an SyncRef UE synced directly or indirectly to GNSS, a search for a synchronous SyncRef UE may be performed. The synchronous SyncRef UE may be synced directly or indirectly to GNSS. When the synchronization source is other SyncRef UEs, a search for an asynchronous SyncRef UE may be performed. The asynchronous SyncRef UE may not be synced directly or indirectly to GNSS. In some aspects, the network node may be associated with the highest priority, as compared to the GNSS. In this case, a search for an asynchronous SyncRef UE may always be performed. See paragraphs 0087-0090.) Regarding claim 4, D1 discloses wherein the number of consecutive periods is determined based on a plurality of previous measured reference signals associated with the PSBCH of the reference device (Referring to Figures 3-6, The UE may measure its SyncRef UE to decide whether to initiate or cease its own SLSS transmission. The UE may measure the PSBCH-RSRP associated with the SLSS transmitted by the SyncRef UE. The UE may determine, based on the measured PSBCH-RSRP, whether to initiate or cease its own SLSS transmission. When the measured PSBCH-RSRP is relatively strong, the UE may not transmit its own SLSS transmission. When the measured PSBCH-RSRP is relatively weak, the UE may transmit its own SLSS transmission to extend a coverage. The UE may determine the measured PSBCH-RSRP within a measurement evaluation period (or SLSS evaluation period). The measurement evaluation period may be four S-SSB periods or four discontinuous reception (DRX) cycles when the SyncRef UE is the synchronization reference source. The UE may be required to measure the PSBCH-RSRP to decide whether to initiate or cease its own SLSS transmission within the measurement evaluation period. See paragraphs 0066-0068.) Regarding claim 8, D1 discloses receive configuration information for the number of the plurality of previous measured reference signals from the reference device (Referring to Figures 3-6, The measurement evaluation period may correspond to a default quantity of S-SSB periods (e.g., four S-SSB periods) plus the quantity of S-SSB periods in which the SLSS from the SyncRef UE is not available. The quantity of S-SSB periods in which the SLSS from the SyncRef UE is not available may be associated with a maximum quantity (X_na). The maximum quantity may be a fixed value or may be configured via RRC signaling from a network node. See paragraphs 0075-0077.) Regarding claim 9, D1 discloses wherein the number of consecutive periods is determined based on clear channel assessment (CCA) information related to the channel access of the reference device (Referring to Figures 3-6, when the UE is synchronized to the SyncRef UE that is synchronized to GNSS directly or indirectly, the UE may be able to identify a newly detectable intra-frequency SyncRef UE within T.sub.detect,SyneRef UE_V2X_CCA seconds when the SyncRef UE meets selection/reselection criterion and all S-SSB periods selected for SyncRefUE identification are available during the T.sub.detect,SyncRef UE_V2X_CCA seconds. In some aspects, the UE may be allowed to additionally drop a maximum of 30% of its SLSS transmission. The UE may be able to identify the newly detectable intra-frequency SyncRef UE within T′.sub.detect,SyneRef UE_V2X_CCA seconds when the SyncRef UE is in the UE's S-SSB resource, and all S-SSB periods selected for SyncRefUE identification are available during the T′.sub.detect,SyneRef UE_V2X_CCA seconds, only when the UE additionally drops a maximum of 30% of its SLSS transmission. Further, T′.sub.detect,SyncRef UE_V2X_CCA may be defined as 1.6 seconds at S-SSB Ês/Iot≥0 dB. See paragraphs 0072-0074.) Regarding claim 10, D1 discloses wherein the CCA information comprises status information associated with a consistent LBT failure on a band in which the S-SSB is transmitted (Referring to Figures 3-6, CCA information as explained in the rejection above. Associated with, by reference number 502, an S-SSB occasion may be associated with a 1.6 second detection time, which may be associated with ten S-SSB periods. A UE search window within the SSB occasion may be for three S-SSB periods, where some of the three-SSB periods may be unavailable S-SSB periods (e.g., due to LBT failure). See paragraphs 0097-0099.) Regarding claim 11, D1 discloses wherein the terminal device is further caused to: determine, based on the status information, the consistent LBT failure is set on the band or is not set on the band (Referring to Figures 3-6, an S-SSB occasion may be associated with a 1.6 second detection time, which may be associated with ten S-SSB periods. A UE search window within the SSB occasion may be for three S-SSB periods, where some of the three-SSB periods may be unavailable S-SSB periods (e.g., due to LBT failure). See paragraphs 0097-0099. Transmission occurring on operating bands, in which the LBT failure would occur. See paragraphs 0037-0039.) Regarding claim 15, D1 discloses wherein the terminal device is caused to determine the number of consecutive periods by one of the following: in the event of absence of a first RAT other than a NR SL-U RAT in the band, determining the number of consecutive periods to be a value lower than a threshold; or in the event that there is the first RAT and the consistent LBT failure is unset on the band, determining the number of consecutive periods to be the value lower than the threshold (Referring to Figures 3-6, RAT comprising NR SL-U RAT. See paragraphs 0035 and 0069. The SyncRef UE may be associated with the relatively low signal quality based at least in part on a PSBCH-RSRP associated with the SyncRef UE not satisfying the first threshold (e.g., the PSBCH-RSRP may be less than the first threshold). The SyncRef UE may be associated with the relatively low signal quality based at least in part on the quantity of unavailable S-SSB periods satisfying the second threshold (determining the number of consecutive periods to be a value lower than a threshold). See paragraph 0085.) Regarding claim 16, D1 discloses wherein the CCA information further comprises an indication of whether there is the first RAT (Referring to Figures 3-6, RAT comprising NR SL-U RAT, see paragraphs 0035 and 0069, associated with the CCA. See paragraphs 0072-0074.) Regarding claim 17, D1 discloses wherein the terminal device is further caused to: determine, based on the indication, whether there is the first RAT (Referring to Figures 3-6, RAT comprising NR SL-U RAT, see paragraphs 0035 and 0069, associated with the CCA. See paragraphs 0072-0074.) Regarding claim 18, D1 discloses receive, from a network device or another terminal device different from the terminal device, the CCA information (Referring to Figures 3-6, when the UE is synchronized to the SyncRef UE that is synchronized to GNSS directly or indirectly, the UE may be able to identify a newly detectable intra-frequency SyncRef UE within T.sub.detect,SyneRef UE_V2X_CCA seconds when the SyncRef UE meets selection/reselection criterion and all S-SSB periods selected for SyncRefUE identification are available during the T.sub.detect,SyncRef UE_V2X_CCA seconds. In some aspects, the UE may be allowed to additionally drop a maximum of 30% of its SLSS transmission. The UE may be able to identify the newly detectable intra-frequency SyncRef UE within T′.sub.detect,SyneRef UE_V2X_CCA seconds when the SyncRef UE is in the UE's S-SSB resource, and all S-SSB periods selected for SyncRefUE identification are available during the T′.sub.detect,SyneRef UE_V2X_CCA seconds, only when the UE additionally drops a maximum of 30% of its SLSS transmission. Further, T′.sub.detect,SyncRef UE_V2X_CCA may be defined as 1.6 seconds at S-SSB Ês/Iot≥0 dB. See paragraphs 0072-0074.) Regarding claim 19, D1 discloses wherein the number of consecutive periods is determined based on a quality of service (QoS) of the traffic associated with the reference device (Referring to Figures 3-6, The signal quality may be based at least in part on the SLSS being associated with a measurement that satisfies a first threshold, or the signal quality may be based at least in part on the quantity of S-SSB periods in which the SLSS from the SyncRef UE is not available satisfying a second threshold. The UE may drop data transmissions associated with the additional S-SSB candidate locations. The UE may refrain from searching additional S-SSB candidate locations based at least in part on a signal quality associated with the SLSS received from the first SyncRef UE. See paragraphs 0080-0082.) Regarding claim 21, D1 discloses wherein the number of consecutive periods is determined based on a number of repetitions in frequency domain associated with the S-SSB (Referring to Figures 3-6, The signal quality may be based at least in part on the SLSS being associated with a measurement that satisfies a first threshold, or the signal quality may be based at least in part on the quantity of S-SSB periods in which the SLSS from the SyncRef UE is not available satisfying a second threshold. The UE may drop data transmissions associated with the additional S-SSB candidate locations. The UE may refrain from searching additional S-SSB candidate (a number of repetitions in frequency domain associated with the S-SSB) locations based at least in part on a signal quality associated with the SLSS received from the first SyncRef UE. See paragraphs 0080-0082.) Regarding claim 23, D1 discloses w herein the number of consecutive periods is determined based on availability of a first S-SSB different from a second S-SSB comprising the PSBCH (Referring to Figures 3-6, The UE may be capable of measuring a physical sidelink broadcast channel (PSBCH)-RSRP of a selected SyncRef UE used as the synchronization reference source. The UE may measure the PSBCH-RSRP associated with the SLSS transmitted by the SyncRef UE. The UE may evaluate the PSBCH-RSRP to initiate or cease its own SLSS transmission within a time period. The time period may be an SLSS evaluation period (T.sub.evaluate,SLSS) (in ms), which may equal four S-SSB periods. See paragraphs 0065-0067.) Regarding claim 24, D1 discloses wherein the terminal device is caused to determine the at least one of the evaluation period, the detection period or the measurement period by: determining that at least one additional S-SSB occasion for the first S-SSB is configured, wherein the additional S-SSB occasion is different from at least one S-SSB occasion for evaluating the reference signal receiving power; determining that the at least one of the evaluation period, the detection period with allowed dropping rate and the measurement period of the reference signal receiving power for the at least one S-SSB occasion and the at least one additional S-SSB occasion is to be completed in less than a predetermined evaluation period, a predetermined detection period with allowed dropping rate and a predetermined measurement period; and determining part of the at least one of the predetermined evaluation period, the predetermined detection period with allowed dropping rate and the predetermined measurement period as the at least one of the evaluation period, the detection period with allowed dropping rate or the measurement period (Referring to Figures 3-6, The UE may be capable of measuring a physical sidelink broadcast channel (PSBCH)-RSRP of a selected SyncRef UE used as the synchronization reference source. The UE may measure the PSBCH-RSRP associated with the SLSS transmitted by the SyncRef UE. The UE may evaluate the PSBCH-RSRP to initiate or cease its own SLSS transmission within a time period. The time period may be an SLSS evaluation period (T.sub.evaluate,SLSS) (in ms), which may equal four S-SSB periods. See paragraphs 0065-0067. In some aspects, to keep a dropping rate of SLSS transmissions the same, instead of extending the search window and performing the search in the extended window (and dropping all the SLSS transmissions in the extended window), whenever an unavailable S-SSB period is present within the search window, the UE may start a new search window and keep the same dropping rate within the search window to detect a new source. In the extended window, the UE may need to perform the search and drop all the SLSS transmissions within the extension. On the other hand, when the new search window is started, the UE may only search in three out of ten S-SSB periods, which may keep the dropping rate down. See paragraphs 0071-0073.) Regarding claim 27, D1 discloses wherein the determination of the at least one of the evaluation period, the detection period with allowed dropping rate or the measurement period is used for selection or reselection of a reference device among the plurality of synchronization reference devices (Note, the limitation “used for” is considered an intended-use limitation and it not given patentable weight. An intended-use limitation is merely a recitation of some future intended purpose and is not considered a positive recitation. Referring to Figures 3-6, The UE may be capable of measuring a physical sidelink broadcast channel (PSBCH)-RSRP of a selected SyncRef UE used as the synchronization reference source. The UE may measure the PSBCH-RSRP associated with the SLSS transmitted by the SyncRef UE. The UE may evaluate the PSBCH-RSRP to initiate or cease its own SLSS transmission within a time period. The time period may be an SLSS evaluation period (T.sub.evaluate,SLSS) (in ms), which may equal four S-SSB periods. See paragraphs 0065-0067. In some aspects, to keep a dropping rate of SLSS transmissions the same, instead of extending the search window and performing the search in the extended window (and dropping all the SLSS transmissions in the extended window), whenever an unavailable S-SSB period is present within the search window, the UE may start a new search window and keep the same dropping rate within the search window to detect a new source. In the extended window, the UE may need to perform the search and drop all the SLSS transmissions within the extension. On the other hand, when the new search window is started, the UE may only search in three out of ten S-SSB periods, which may keep the dropping rate down. See paragraphs 0071-0073.) Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 5, 20, and 22 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Siomina et al. (US 2022/0330339 A1) - a method performed by a wireless device for cell selection accounting for requirements includes: determining a measurement period in a serving cell for the cell selection or cell re-selection (T1), wherein the measurement period is determined based on a number of consecutive Discontinuous Reception (DRX) cycles; determining a number of measurement occasions configured with a Discovery Reference Signal (DRS) in the serving cell during T1; determining availability of the DRS at the measurement occasions; and performing measurement based on availability of the DRS at the measurement occasions during T1. Maleki et al. (US 2023/0370918 A1) - using the one or more first resources, performing cell reselection measurements on the connected-state RS transmitted in the serving cell and/or in any of the neighbor cells. Other embodiments include complementary methods for a network node, as well as UEs and network nodes configured to perform. Bolotin et al. (US 2023/0156509 A1) - the technique may further include identifying a measurement failure of at least one sample of at least one Rx beam of the plurality of Rx beams. The technique may further include identifying, based on the at least one sample or the at least one Rx beam, one or more additional samples. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/Primary Examiner, Art Unit 2462 Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/Primary Examiner, Art Unit 2462 Application/Control Number: 18/664,561 Page 2 Art Unit: 2462 Application/Control Number: 18/664,561 Page 3 Art Unit: 2462 Application/Control Number: 18/664,561 Page 4 Art Unit: 2462 Application/Control Number: 18/664,561 Page 5 Art Unit: 2462 Application/Control Number: 18/664,561 Page 6 Art Unit: 2462 Application/Control Number: 18/664,561 Page 7 Art Unit: 2462 Application/Control Number: 18/664,561 Page 8 Art Unit: 2462 Application/Control Number: 18/664,561 Page 9 Art Unit: 2462 Application/Control Number: 18/664,561 Page 10 Art Unit: 2462 Application/Control Number: 18/664,561 Page 11 Art Unit: 2462 Application/Control Number: 18/664,561 Page 12 Art Unit: 2462 Application/Control Number: 18/664,561 Page 13 Art Unit: 2462 Application/Control Number: 18/664,561 Page 14 Art Unit: 2462 Application/Control Number: 18/664,561 Page 15 Art Unit: 2462
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Prosecution Timeline

May 15, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102 (current)

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