Prosecution Insights
Last updated: October 01, 2026
Application No. 18/670,448

SERVICE CONTINUITY OF SIDELINK RELAY COMMUNICATION

Final Rejection §102
Filed
May 21, 2024
Priority
Nov 26, 2021 — continuation of PCTCN2021133651
Examiner
PEREZ, JULIO R
Art Unit
2644
Tech Center
2600 — Communications
Assignee
ZTE Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
594 granted / 714 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
37 currently pending
Career history
745
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
58.7%
+18.7% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 714 resolved cases

Office Action

§102
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 . The Office Action is responsive to the communication filed on 07/01/2026. Claims 1, 5 and 9 have been amended. Claims 4, 8 and 12 have been cancelled. Claims 1-3, 5-7 and 9-11 are pending in the application. Response to Arguments Applicants’ arguments filed 07/01/2026 have been fully considered but they are not persuasive. With respect to claim 1, Applicant argues that “nowhere does the Office Action demonstrate that the cited reference's measurement report itself actually indicates whether a measurement result is a side link RSRP or a sidelink discovery RSRP for a serving relay link and/or candidate relay links. Indeed, the Office Action fails to appreciate that, by including such indication in the measurement report, the first device (e.g., the "UE") can remove ambiguity and a wireless network node (gNB) can distinguish between types of measurement results and apply appropriate processing for each type of measurement result. Hence, it was not shown, through the Office Action, that the cited reference provides the claimed solution or can even provide such improvements.” (Remarks: page 6, 2nd and 3th paragraphs). The Examiner respectfully disagrees and submits that claims merely requires measurement report itself actually indicates whether a measurement result is a sidelink RSRP or a sidelink discovery RSRP for a serving relay link and/or candidate relay links. It does not require a “solution” or that it “can even provide such improvements.” Thus, CA 3167800 ("ZTE CORP") discloses wherein the first device indicates in the sidelink measurement report whether a measurement result is a sidelink reference signal received power or a sidelink discovery reference signal received power for at least one of: a serving relay link or candidate relay links in the sidelink measurement report (… the link quality of the Uu link is measured reference signal received power(RSRP) or reference signal received quality (RSRQ) of a Uu interface, and the PC5 link quality is measured RSRP, RSRQ or received signal strength indication (RSSI) of an SL discovery channel or communication channel, page 8, ll. 11-14; (… The D2D technology is also called proximity services (ProSe) or sidelink (SL) communication. An interface between devices is a sidelink PC5 interface, see page 3, ll. 20-30; The base station sends the path switching criteria and/or measurement configuration to the UE1 through an RRC reconfiguration message (forwarded by the relay). The UE1 performs Uu interface measurement and PC5 interface measurement based on the measurement configuration, and reports measurement results to the base station according to measurement reporting conditions, page 11, ll. 15-19. A reporting condition defines an event that triggers a report; Further, the UE1 receives RRC reconfiguration and/or measurement configuration information sent by the source base station. Here, the measurement configuration information includes Uu interface measurement configuration and/or sidelink measurement configuration (or PC5/relay measurement configuration). The sidelink measurement configuration includes at least one of: a relay measurementindication, PC5 interfaceRSRP, PC5 interfaceRSRQ, PC5 interface RSSI, or measurement information, see page 17, ll. 12-18). The Examiner further submits that the language “associated with” triggering a sidelink measurement report can be understood in many ways, including but not limited to, The base station sends the path switching criteria and/or measurement configuration to the UE1 through an RRC reconfiguration message (forwarded by the relay). The UE1 performs Uu interface measurement and PC5 interface measurement based on the measurement configuration, and reports measurement results to the base station according to measurement reporting conditions, page 11, ll. 15-19. A reporting condition defines an event that triggers a report; Further, the UE1 receives RRC reconfiguration and/or measurement configuration information sent by the source base station. Here, the measurement configuration information includes Uu interface measurement configuration and/or sidelink measurement configuration (or PC5/relay measurement configuration). Thus, because by reporting measurement results to the base station according to measurement reporting conditions, for instance, the transmitting, to a first a sidelink measurement configuration comprising at least one sidelink measurement event, the at least one sidelink measurement event is “associated with” triggering a sidelink measurement report, wherein the first device connects to the wireless network node via a second device (The base station sends the path switching criteria and/or measurement configuration to the UE1 through an RRC reconfiguration message (forwarded by the relay), see page 11, ll. 15-19) 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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by applicant’s submission of prior art CA 3167800 (ZTE CORP). Regarding claim 1, ZTE CORP discloses a wireless communication method for use in a wireless network node (Provided are a path switching method and apparatus, Abstract), the wireless communication method comprising: transmitting, to a first device (e.g., UE1), a sidelink measurement configuration comprising at least one sidelink measurement event associated with triggering a sidelink measurement report (… The D2D technology is also called proximity services (ProSe) or sidelink (SL) communication. An interface between devices is a sidelink PC5 interface, see page 3, ll. 20-30; The base station sends the path switching criteria and/or measurement configuration to the UE1 through an RRC reconfiguration message (forwarded by the relay). The UE1 performs Uu interface measurement and PC5 interface measurement based on the measurement configuration, and reports measurement results to the base station according to measurement reporting conditions, page 11, ll. 15-19. A reporting condition defines an event that triggers a report; Further, the UE1 receives RRC reconfiguration and/or measurement configuration information sent by the source base station. Here, the measurement configuration information includes Uu interface measurement configuration and/or sidelink measurement configuration (or PC5/relay measurement configuration). The sidelink measurement configuration includes at least one of: a relay measurementindication, PC5 interfaceRSRP, PC5 interfaceRSRQ, PC5 interface RSSI, or measurement information, see page 17, ll. 12-18. Note that the language “associated with” triggering a sidelink measurement report can be understood in many ways, including but not limited to, The base station sends the path switching criteria and/or measurement configuration to the UE1 through an RRC reconfiguration message (forwarded by the relay). The UE1 performs Uu interface measurement and PC5 interface measurement based on the measurement configuration, and reports measurement results to the base station according to measurement reporting conditions, page 11, ll. 15-19. A reporting condition defines an event that triggers a report; Further, the UE1 receives RRC reconfiguration and/or measurement configuration information sent by the source base station. Here, the measurement configuration information includes Uu interface measurement configuration and/or sidelink measurement configuration (or PC5/relay measurement configuration). Thus, because by reporting measurement results to the base station according to measurement reporting conditions, for instance, the transmitting, to a first a sidelink measurement configuration comprising at least one sidelink measurement event, the at least one sidelink measurement event is “associated with” triggering a sidelink measurement report, wherein the first device connects to the wireless network node via a second device (The base station sends the path switching criteria and/or measurement configuration to the UE1 through an RRC reconfiguration message (forwarded by the relay), see page 11, ll. 15-19), and wherein the first device indicates in the sidelink measurement report whether a measurement result is a sidelink reference signal received power or a sidelink discovery reference signal received power for at least one of: a serving relay link or candidate relay links in the sidelink measurement report (… the link quality of the Uu link is measured reference signal received power(RSRP) or reference signal received quality (RSRQ) of a Uu interface, and the PC5 link quality is measured RSRP, RSRQ or received signal strength indication (RSSI) of an SL discovery channel or communication channel, page 8, ll. 11-14; (… The D2D technology is also called proximity services (ProSe) or sidelink (SL) communication. An interface between devices is a sidelink PC5 interface, see page 3, ll. 20-30; The base station sends the path switching criteria and/or measurement configuration to the UE1 through an RRC reconfiguration message (forwarded by the relay). The UE1 performs Uu interface measurement and PC5 interface measurement based on the measurement configuration, and reports measurement results to the base station according to measurement reporting conditions, page 11, ll. 15-19. A reporting condition defines an event that triggers a report; Further, the UE1 receives RRC reconfiguration and/or measurement configuration information sent by the source base station. Here, the measurement configuration information includes Uu interface measurement configuration and/or sidelink measurement configuration (or PC5/relay measurement configuration). The sidelink measurement configuration includes at least one of: a relay measurementindication, PC5 interfaceRSRP, PC5 interfaceRSRQ, PC5 interface RSSI, or measurement information, see page 17, ll. 12-18). Regarding claim 2, the wireless communication method of claim 1, wherein the at least one sidelink measurement event comprises: a quality of a serving relay link between the first device and the second device is lower than a third threshold and a quality of a candidate relay link between the first device and a candidate device is greater than a fourth threshold (the path switching criteria include at least one of: a second threshold of link quality of the second link; a threshold ofPC5 interface link quality of the first link; a third threshold of link quality between the relay and the base station; a first channel busy ratio (CBR) threshold; or a second CBR threshold, … he path switching criteria are met when at least one of the following conditions is met: the link quality of the second link being higher than the second threshold of the link quality; the PC5 interface link quality of the first link being lower than the threshold of the PC5 interface link quality of the first link; the link quality between the relay and the base station being lower than the third threshold of the link quality; a CBR of any resource pool of a PC5 interface of the first link being higher than the first CBR threshold; page 7, ll. 9-33). Regarding claim 3, the wireless communication method of claim 2, wherein the quality is a sidelink reference signal received power or a sidelink discovery reference signal received power (the link quality of the Uu link is measured reference signal received power(RSRP) or reference signal received quality (RSRQ) of a Uu interface, and the PC5 link quality is measured RSRP, RSRQ or received signal strength indication (RSSI) of an SL discovery channel or communication channel, page 8, ll. 11-14).. Claim 4 (cancelled). Claim 5 contains subject matter similar to claim 1, and thus, is rejected under similar rationale. (ZTE CORP, “method applied to a first user equipment (UE),” page 1, ll. 23-24). Claim 6 contains subject matter similar to claim 2, and thus, is rejected under similar rationale. Claim 7 contains subject matter similar to claim 3, and thus, is rejected under similar rationale. Claim 8 (cancelled). Claim 9 contains subject matter similar to claim 1, and thus, is rejected under similar rationale. (ZTE CORP, “to a first user equipment (UE),” page 1, ll. 23-24). Claim 10 contains subject matter similar to claim 2, and thus, is rejected under similar rationale. Claim 11 contains subject matter similar to claim 3, and thus, is rejected under similar rationale. Claim 12 (cancelled). Conclusion THIS ACTION IS MADE FINAL. 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 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
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Prosecution Timeline

May 21, 2024
Application Filed
Apr 10, 2026
Non-Final Rejection mailed — §102
Jul 01, 2026
Response Filed
Sep 23, 2026
Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
83%
Grant Probability
92%
With Interview (+9.3%)
2y 10m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 714 resolved cases by this examiner. Grant probability derived from career allowance rate.

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