Prosecution Insights
Last updated: July 17, 2026
Application No. 18/674,448

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
May 24, 2024
Priority
Nov 24, 2021 — CN 202111406834.9 +1 more
Examiner
LO, DIANE LEE
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
855 granted / 955 resolved
+31.5% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
23 currently pending
Career history
978
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
72.4%
+32.4% vs TC avg
§102
18.4%
-21.6% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 955 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION This is response to Application 18/674,448 filed on 05/24/2024 in which claims 1-20 are presented for examination. Title The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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)(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. Claims 1, 3-7, 9-13, 15-18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin (US 2023/0131882 A1). 1. Regarding claim 1, Lin teaches a communication method (Paragraph [0061]) applied to a communication apparatus, the method comprising: receiving sidelink data from a second apparatus from a plurality of frequency domain resource sets on a plurality of carriers in a first slot, wherein each of the plurality of carriers comprises at least one frequency domain resource set (Paragraph [0061] cooperated sidelink resource selection); determining a feedback resource from a plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets, wherein a candidate feedback resource is configured in each of the plurality of frequency domain resource sets, the feedback resource belongs to one of the plurality of frequency domain resource sets in frequency domain, and the feedback resource is located in a second slot in time domain (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources); and sending feedback information of the sidelink data to the second apparatus on the feedback resource (Paragraphs [0050] and [0061] sidelink data; cooperated sidelink resource selection). 2. Regarding claim 7, Lin teaches a communication method applied to a communication apparatus, the method comprising: sending sidelink data to a first apparatus in a plurality of frequency domain resource sets on a plurality of carriers in a first slot, wherein each of the plurality of carriers comprises at least one frequency domain resource set (Paragraph [0061] cooperated sidelink resource selection); determining a feedback resource from a plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets, wherein a candidate feedback resource is configured in each of the plurality of frequency domain resource sets, the feedback resource belongs to one of the plurality of frequency domain resource sets in frequency domain, and the feedback resource is located in a second slot in time domain (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources); and receiving feedback information of the sidelink data from the first apparatus on the feedback resource (Paragraphs [0050] and [0061] sidelink data; cooperated sidelink resource selection). 3. Regarding claim 13, Lin teaches a communication apparatus (Fig. 6), comprising: one or more processors configured to receive sidelink data from a second apparatus from a plurality of frequency domain resource sets on a plurality of carriers in a first slot, wherein each of the plurality of carriers comprises at least one frequency domain resource set (Paragraph [0061] cooperated sidelink resource selection); determine a feedback resource from a plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets, wherein a candidate feedback resource is configured in each of the plurality of frequency domain resource sets, the feedback resource belongs to one of the plurality of frequency domain resource sets in frequency domain, and the feedback resource is located in a second slot in time domain (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources); and send feedback information of the sidelink data to the second apparatus on the feedback resource (Paragraphs [0050] and [0061] sidelink data; cooperated sidelink resource selection). 4. Regarding claims 3 and 15, Lin teaches wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a smallest channel busy ratio (CBR) in the plurality of frequency domain resource sets (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources; measured CBR). 5. Regarding claims 4, 10, and 16, Lin teaches further comprising: receiving indication information from a network device, wherein the indication information indicates a first frequency domain resource set, which is one of the plurality of frequency domain resource sets (Fig. 1 Paragraph [0061] base station scheduling); and wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in the first frequency domain resource set as the feedback resource (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources). 6. Regarding claims 5, 11, and 17, Lin teaches wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is predefined in the plurality of frequency domain resource sets and that is used to send the feedback information (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources). 7. Regarding claims 6, 12, 18 and 20, Lin teaches, wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource in an earliest slot in the plurality of candidate feedback resources as the feedback resource (Paragraph [0068] selecting resource earliest in time). 8. Regarding claim 9, Lin teaches, further comprising: receiving channel busy ratio (CBR) information from the first apparatus, wherein the CBR information comprises a CBR of each of the plurality of frequency domain resource sets (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources; measured CBR); and wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a smallest CBR in the plurality of frequency domain resource sets (Paragraph [0061] cooperated sidelink resource selection; inclusion of PSFCH resources; measured CBR). Claim Rejections - 35 USC § 103 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. Claims 2, 8, 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 2023/0131882 A1) in view of Li et al. (US 2021/0219268 A1). 9. Regarding claims 2 and 14, Lin does not explicitly disclose wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a largest signal to noise ratio (SINR) of receiving the sidelink data in the plurality of frequency domain resource sets. Li teaches wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a largest signal to noise ratio (SINR) of receiving the sidelink data in the plurality of frequency domain resource sets (Figs 24A and 24B; Paragraph [0191] resource pool candidates based on measurement; SINR). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a largest signal to noise ratio (SINR) of receiving the sidelink data in the plurality of frequency domain resource sets as taught by Li in the system of Lin for resource management on sidelink for V2X scenarios see abstract of Li. 10. Regarding claim 8, Lin does not explicitly disclose further comprising : receiving signal to noise ratio (SINR) information from the first apparatus, wherein the SINR information comprises an SINR of receiving the sidelink data by the first apparatus in each of the plurality of frequency domain resource sets; and wherein the determining thea feedback resource from thea plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a largest SINR in the plurality of frequency domain resource sets. Li teaches further comprising : receiving signal to noise ratio (SINR) information from the first apparatus, wherein the SINR information comprises an SINR of receiving the sidelink data by the first apparatus in each of the plurality of frequency domain resource sets; and wherein the determining thea feedback resource from thea plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a largest SINR in the plurality of frequency domain resource sets (Figs 24A and 24B; Paragraph [0191] resource pool candidates based on measurement; SINR). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide receiving signal to noise ratio (SINR) information from the first apparatus, wherein the SINR information comprises an SINR of receiving the sidelink data by the first apparatus in each of the plurality of frequency domain resource sets; and wherein the determining thea feedback resource from thea plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource configured in a first frequency domain resource set as the feedback resource, wherein the first frequency domain resource set is a frequency domain resource set with a largest SINR in the plurality of frequency domain resource sets as taught by Li in the system of Lin for resource management on sidelink for V2X scenarios see abstract of Li. 11. Regarding claim 19, Lin in view of Li teaches wherein the determining the feedback resource from the plurality of candidate feedback resources corresponding to the plurality of frequency domain resource sets comprises: determining a candidate feedback resource in an earliest slot in the plurality of candidate feedback resources as the feedback resource (Lin, Paragraph [0068] selecting resource earliest in time). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Huang et al. (US 2021/0168762 A1) Paragraph [0624] Park et al. (US 2023/0262660 A1) Paragraph [0358] Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE LEE LO whose telephone number is (571)270-1952. The examiner can normally be reached Monday - Friday 8 am - 5 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, Faruk Hamza can be reached at (571)272-7969. 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. /DIANE L LO/Primary Examiner, Art Unit 2466
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Prosecution Timeline

May 24, 2024
Application Filed
Oct 11, 2024
Response after Non-Final Action
Jun 22, 2026
Non-Final Rejection mailed — §102, §103 (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

1-2
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+7.8%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 955 resolved cases by this examiner. Grant probability derived from career allowance rate.

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