Prosecution Insights
Last updated: October 02, 2026
Application No. 18/695,749

DISCOVERY SIGNAL BROADCASTING FOR A NON-STATIONARY RELAY

Final Rejection §102§103
Filed
Mar 26, 2024
Priority
Nov 30, 2021 — nonprovisional of PCTCN2021134580
Examiner
ISLAM, ROWNAK
Art Unit
2474
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
406 granted / 459 resolved
+30.5% vs TC avg
Moderate +13% lift
Without
With
+13.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
474
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
69.9%
+29.9% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 459 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 office action is a response to amendment filed on 05/26/2026. Claims 1, 3, 12 – 13, 16 and 18 – 20 are amended. Claims 1 – 20 are pending and ready for examination. Response to Arguments Applicant’s arguments filed 05/26/2026 with respect to claims 1 – 2,10 – 14, 16 – 17, and 20 have been considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant amended the independent claims 1, 12, 16 and 20. The amendments have changed the scope of the claims; therefore, a new ground of rejection has been made in view of new prior art LEE at el. (US 2018/0077746 A1) for claims 1 & 16 and in view of previously cited prior arts Yasukawa et al. (US 2020/0204971 A1) and new prior art PATIL et al. (US 2016/0337935 A1) for claims 12 & 20. Applicant argued on page 1: 2nd last paragraph of the remark, that Cheng does not anticipate the limitations of claim 1. According to applicant, Cheng fails to teach "a determination that the geographical location of the apparatus is over an area identified as being a geographical area without cellular coverage available. Examiner respectfully agrees with applicant’s argument. A new ground of rejection is made in view of LEE. LEE discloses the limitation in question in ¶ [0136], Fig.10 and ¶ [0160]- [0161]. Detailed is described in the rejection section below. Accordingly, applicant’s argument is moot. Applicant argued on page 2: 3rd last paragraph of the remark, that Yasukawa does not render obvious the limitations of claim 12. According to applicant, Yasukawa fails to teach "receiving, from a relay, a discovery signal indicating an availability of cellular coverage via the relay in a geographical area of the one or more geographical areas without cellular coverage available based on the side information". Examiner respectfully agrees with applicant’s comment. The new prior art PATIL discloses the limitation in question in Fig. 5, ¶ [0051], and ¶ [0054], ¶[0059]. Detailed is described in the rejection section below. Accordingly, applicant’s argument is moot. Applicant argued on page 3: 2nd paragraph of the remark, regarding dependent claims. According to applicant, dependent claims 2, 11, 14, and 17 depend from independent claim 1, 12, or 16. Applicant respectfully requests that the Examiner reconsider and withdraw the rejections of Claims 2, 11, 12, 14, 17, and 20 under 35 U.S.C. § 103 based on Yasukawa, Liu, Cheng, Talebi Fard, and Hong. Examiner respectfully disagrees with applicant’s remarks and conclusion. Since, the independent claims 1, 12, 16 and 20 are not allowable, therefore, the dependent claims are not patentable by virtue of their dependency from the independent claims. Examiner respectfully disagrees with all the arguments filed by the applicant. All arguments and remarks are replied in detail in the rejection section below. 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. Claims 1, 10 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE et al. (LEE hereinafter referred to LEE) (US 2018/0077746 A1). (Currently Amended) Regarding claim 1, LEE teaches a method for wireless communication (Title, METHOD, CARRIED OUT BY TERMINAL, FOR TRANSMITTING PSBCH IN WIRELESS COMMUNICATION SYSTEM AND TERMINAL UTILIZING THE METHOD) by an apparatus (Fig.10 and [0158], a method of transmitting physical sidelink broadcast channel (PSBCH) by a terminal), the method comprising: determining whether to broadcast a discovery signal (Fig.10 and [0160], The terminal determines whether the discovery signal to be transmitted) based at least in part on a geographical location of the apparatus ([0136], transmitting the synchronization signal and the broadcast channel in the process of transmitting the discovery signal by a first terminal or a second terminal, in a situation where the first terminal is within network coverage, the second terminal is out of network coverage, or a situation where both first and second terminals are out of network coverage, or the like. Here, the second terminal is considered as an apparatus, is in a situation where it is out of network coverage. The out of network coverage is a geographical location of the apparatus; therefore, the discovery signal is broadcasted by the apparatus based on the geographical location of the apparatus); and broadcasting the discovery signal based on a determination that the geographical location of the apparatus is over an area identified as being a geographical area without cellular coverage available (Fig. 10 and [0161], When the terminal itself is out of the cell coverage and desired to transmit the PS discovery signal, the terminal transmits the PSBCH. As mentioned above, the out of network coverage is the geographical location of the apparatus; therefore, the geographical location of the apparatus is over an area identified as being a geographical area without network/ cellular coverage available. Accordingly, the discovery signal is broadcasted by the apparatus based on determination of the geographical location). (Original) Regarding claim 10, LEE teaches all the features with respect to claim 1 as outlined above. LEE further teaches wherein the geographical location of the apparatus comprises a geographical location of a coverage area of the apparatus (Fig.5 and [0089], 5(d), UE A is placed within coverage of a first cell, and UE B is placed within coverage of a second cell). (Currently Amended) Regarding claim 16, LEE teaches (Title, METHOD, CARRIED OUT BY TERMINAL, FOR TRANSMITTING PSBCH IN WIRELESS COMMUNICATION SYSTEM AND TERMINAL UTILIZING THE METHOD) an apparatus (Fig.16 and [0274], terminal 1100) comprising: a memory (Fig.16 and [0274], memory 1120); and a processor (Fig.16 and [0274], processor 1110) coupled to the memory ([0276], The memory is disposed to the processor internally or externally and connected to the processor), the memory and the processor configured to cause the apparatus ([0276], a module (process or function) is stored in the memory and executed by the processor) to: determine whether to broadcast a discovery signal (Fig.10 and [0160], The terminal determines whether the discovery signal to be transmitted) based at least in part on a geographical location of the apparatus ([0136], transmitting the synchronization signal and the broadcast channel in the process of transmitting the discovery signal by a first terminal or a second terminal, in a situation where the first terminal is within network coverage, the second terminal is out of network coverage, or a situation where both first and second terminals are out of network coverage, or the like. Here, the second terminal is considered as an apparatus, is in a situation where it is out of network coverage. The out of network coverage is a geographical location of the apparatus; therefore, the discovery signal is broadcasted by the apparatus based on the geographical location of the apparatus); and broadcast the discovery signal based on a determination that the geographical location of the apparatus is over an area identified as being a geographical area without cellular coverage available (Fig. 10 and [0161], When the terminal itself is out of the cell coverage and desired to transmit the PS discovery signal, the terminal transmits the PSBCH. As mentioned above, the out of network coverage is the geographical location of the apparatus; therefore, the geographical location of the apparatus is over an area identified as being a geographical area without network/ cellular coverage available. Accordingly, the discovery signal is broadcasted by the apparatus based on determination of the geographical location). 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 of this title, 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 12 – 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yasukawa et al. (Yasukawa hereinafter referred to Yasukawa) (US 2020/0204971 A1) in view of PATIL et al. (PATIL hereinafter referred to PATIL) (US 2016/0337935 A1). (Currently Amended) Regarding claim 12, Yasukawa teaches a method (Title, USER APPARATUS AND TRANSMISSION METHOD), for wireless communication by a user equipment (UE) (Fig.15 and [0167], user apparatus UE2), the method comprising: receiving, from a base station, side information indicating one or more parameters for receiving a discovery signal (Fig.15, S102. [0167], the base station 10 transmits configuration information to the user apparatus UE2; [0173], the base station 10 reports, to the UE side, both the configuration information for receiving the discovery message and/or the discovery signal; [0169], The configuration information received by the user apparatus UE2 in step S102 is, for example, parameters. Here, the configuration information for receiving the discovery signal is considered as side information indicating one or more parameters for receiving a discovery signal); and receiving, a discovery signal based on the side information (Fig.15, S103. [0168], the user apparatus UE2 receives the discovery message and/or the discovery signal transmitted from the user apparatus UE1 based on the configuration information received in step S102). Yasukawa does not specifically teach one or more geographical areas without cellular coverage available; and receiving, from a relay, a discovery signal indicating an availability of cellular coverage via the relay in a geographical area of the one or more geographical areas without cellular coverage available. However, PATIL teaches (Title, MEASUREMENT OF D2D CHANNELS) one or more geographical areas without cellular coverage available (Fig.5 and [0051], A remote UE 506 is outside the network coverage 504, and thus cannot communicate with the base station 502. Here, outside area of the network coverage 504 is one or more geographical areas without cellular coverage available); and receiving, from a relay ([0054] and [0059], proximate UE), a discovery signal indicating an availability of cellular coverage via the relay in a geographical area of the one or more geographical areas without cellular coverage available ([0054] and [0059], a proximate UE that is within the network coverage announces a D2D discovery signal that indicates that the proximate UE is available to perform as a relay to communicate with the network. A remote UE that is outside the network coverage receives the D2D discovery signal sent from the proximate UE; the remote UE selects a proximate UE with the best D2D link quality as a relay UE via which the remote UE communicates to the network; Fig.5 and [0051], The remote UE 506 communicates with the base station 502 via the proximate UE 508 performing as a relay for the remote UE 506. Here, the D2D discovery signal received from a proximate UE/ relay indicates that the proximate UE is available to perform as a relay for the remote UE to facilitate communication with the network; i.e. cellular coverage is available via the relay). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Yasukawa as mentioned above and further incorporate the teaching of PATIL. The motivation for doing so would have been to provide an efficient approach for a mobile device apparatus that is out of network coverage to communicate with the network by effectively measure D2D link quality between UEs (PATIL, Abstract and [0049]). (Currently Amended) Regarding claim 13, combination of Yasukawa and PATIL teaches all the features with respect to claim 12 as outlined above. Yasukawa further teaches wherein the side information comprises one or more of (Due to alternative language “one or more” in the claim examiner did not address all limitations): one or more frequency resources (Fig.15 and [0169], The configuration information received by the user apparatus UE2 on the receiving side in step S102 is, for example, parameters (for example, time/frequency resources, periods, sequences), etc., necessary for detecting the discovery signal); one or more time resources (same as [0169]); route and time information of one or more apparatuses including the relay; beam sweeping information; or beamforming information. (Currently Amended) Regarding claim 20, Yasukawa teaches a user equipment (UE) (Title, USER APPARATUS AND TRANSMISSION METHOD. Fig.29 and [0264], user apparatus UE), comprising: a memory (Fig.29 and [0264], memory 1002); and a processor (Fig.29 and [0264], processor 1001) coupled to the memory, the memory and the processor configured to cause the UE ([0268], the processor 1001 loads programs, … into the memory 1002, and executes various processes) to: receive, from a base station, side information indicating one or more parameters for receiving a discovery signal (Fig.15, S102. [0167], the base station 10 transmits configuration information to the user apparatus UE2; [0173], the base station 10 reports, to the UE side, both the configuration information for receiving the discovery message and/or the discovery signal. Here, the configuration information for receiving the discovery signal is considered as side information indicating one or more parameters for receiving a discovery signal); and receive, a discovery signal based on the side information (Fig.15, S103. [0168], the user apparatus UE2 receives the discovery message and/or the discovery signal transmitted from the user apparatus UE1 based on the configuration information received in step S102). Yasukawa does not specifically teach one or more geographical areas without cellular coverage available; and receive, from a relay, a discovery signal indicating an availability of cellular coverage via the relay in a geographical area of the one or more geographical areas without cellular coverage available. However, PATIL teaches (Title, MEASUREMENT OF D2D CHANNELS) one or more geographical areas without cellular coverage available (Fig.5 and [0051], A remote UE 506 is outside the network coverage 504, and thus cannot communicate with the base station 502. Here, outside area of the network coverage 504 is one or more geographical areas without cellular coverage available); and receive, from a relay ([0054] and [0059], proximate UE), a discovery signal indicating an availability of cellular coverage via the relay in a geographical area of the one or more geographical areas without cellular coverage available ([0054] and [0059], a proximate UE that is within the network coverage announces a D2D discovery signal that indicates that the proximate UE is available to perform as a relay to communicate with the network. A remote UE that is outside the network coverage receives the D2D discovery signal sent from the proximate UE; the remote UE selects a proximate UE with the best D2D link quality as a relay UE via which the remote UE communicates to the network; Fig.5 and [0051], The remote UE 506 communicates with the base station 502 via the proximate UE 508 performing as a relay for the remote UE 506. Here, the D2D discovery signal received from a proximate UE/ relay indicates that the proximate UE is available to perform as a relay for the remote UE to facilitate communication with the network; i.e. cellular coverage is available via the relay). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Yasukawa as mentioned above and further incorporate the teaching of PATIL. The motivation for doing so would have been to provide an efficient approach for a mobile device apparatus that is out of network coverage to communicate with the network by effectively measure D2D link quality between UEs (PATIL, Abstract and [0049]). Claims 2 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over LEE in view of Talebi Fard et al. (Talebi Fard hereinafter referred to Talebi Fard) (US 2022/0353799 A1). (Original) Regarding claims 2 and 17, LEE teaches all the features with respect to claims 1 and 16, respectively as outlined above. LEE does not specifically teach receiving a message from a user equipment in response to the discovery signal; and relaying the message to a base station. However Talebi Fard teaches (Title, Relay Node Selection) receiving a message from a user equipment in response to the discovery signal ([0325], a UE receives from a relay UE a discovery announce message comprising a first access status of the relay UE comprising at least one of a closed access group (CAG) information of the relay UE, ….; the UE sends to the relay UE, a connection request message based on matching an element of the first access status of the relay UE and a mobility restriction of the UE. Here, the connection request message from the UE is a message from a user equipment in response to the discovery announce message/ discovery signal from the relay UE); and relaying the message to a base station ([0325], the UE sends to the relay UE, a connection request message, to establish a connection with a network via the relay UE. Here, the connection request message is to establish a connection with a network via the relay UE; therefore, it is obvious that the message is relayed to a base station). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified LEE as mentioned in claims 1 and 16 and further incorporate the teaching of Talebi Fard. The motivation for doing so would have been to provide mechanisms to coordinate mobility restriction and/or access status information of a first wireless device (e.g., a relay or in-coverage wireless device) and a second wireless device (e.g., a remote or out-of-coverage wireless device); the mobility restriction and/or access status information of a relay wireless device is obtained by a remote wireless device prior to setting up a relay path. The information expedites the selection, by the remote wireless device, of a suitable relay wireless device that is likely to provide an enduring connection, thereby increasing the speed, efficiency, and/or efficacy of the relay path setup process (Talebi Fard, [0278]). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over LEE in view of Yasukawa. (Original) Regarding claim 11, LEE teaches all the features with respect to claim 1 as outlined above. LEE further teaches wherein the discovery signal ([0011], discovery signal transmitted by using a resource selected by the terminal itself in a resource pool configured by the network) includes one or more parameters for resource allocation to a user equipment ([0155], When the terminal is to transmit the discovery signal, it transmits the discovery signal on a discovered discovery (POOL) period based discovery resource; [0241], The resource pool parameters associated with the discovery signal out of the network coverage is predetermined). LEE does not specifically teach the one or more parameters comprising one or more of a modulation and coding scheme, a number of repetitions, or a time and frequency resource allocation. However Yasukawa teaches (Title, USER APPARATUS AND TRANSMISSION METHOD) wherein the discovery signal includes one or more parameters for resource allocation to a user equipment, the one or more parameters comprising one or more of a modulation and coding scheme, a number of repetitions, or a time and frequency resource allocation ([0169], parameters (e.g., time/frequency resources, periods, sequences), etc., necessary for detecting the discovery signal; [0190], discovery message is transmitted according to the time/frequency resource set, MCS, a hopping pattern, etc. Here, the discovery message is considered as a discovery signal; therefore, the discovery signal includes one or more parameters for resource allocation to a user equipment, the one or more parameters comprising one or more of a modulation and coding scheme (MCS), or a time and frequency resource allocation. Due to alternative language “or” in the claim examiner did not address all limitations). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified LEE as mentioned in claim 1 further incorporate the teaching of Yasukawa. The motivation for doing so would have been to provide a technology for enabling a user apparatus to appropriately measure the radio quality, while avoiding an increase in the overhead of radio resources in D2D (Yasukawa, [0020]). Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yasukawa in view of PATIL and further in view of HONG (US 2023/0199542 A1). (Original) Regarding claim 14, combination of Yasukawa and PATIL teaches all the features with respect to claim 12 as outlined above. Yasukawa does not specifically teach adjusting a sleep period for the UE based on the side information. However HONG teaches (Title, INFORMATION TRANSMISSION METHOD, USER EQUIPMENT, BASE STATION DEVICE AND COMPUTER STORAGE MEDIUM) adjusting a sleep period for the UE based on the side information ([0085], UE receives idle state camping configuration information configured by the base station, and when the UE is in the idle state again, it adjusts the camping in the idle state according to the idle state camping configuration information. Here, the idle state camping configuration information is considered as the side information and the camping in the idle state is considered as a sleep period; therefore, the sleep period for the UE is adjusted based on the side information). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified combination of Yasukawa and PATIL as mentioned in claim 12 and further incorporate the teaching of HONG. The motivation for doing so would have been to provide a method of dynamically adjust the camping situation when the UE is in the idle state, so as to achieve the purpose of reducing the power consumption of the UE in the idle state (HONG, Abstract and [0058]). Allowable Subject Matter Claims 3 – 9, 15 and 18 – 19 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 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWNAK ISLAM whose telephone number is (571)272-8009. The examiner can normally be reached on Monday - Friday 8 am - 5 pm (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached on 571-272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information Regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROWNAK ISLAM/ Primary Examiner, Art Unit 2474
Read full office action

Prosecution Timeline

Mar 26, 2024
Application Filed
Feb 26, 2026
Non-Final Rejection mailed — §102, §103
May 19, 2026
Examiner Interview Summary
May 19, 2026
Applicant Interview (Telephonic)
May 26, 2026
Response Filed
Aug 10, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+13.2%)
2y 5m (~0m remaining)
Median Time to Grant
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