Prosecution Insights
Last updated: July 17, 2026
Application No. 18/728,715

RESOURCE SELECTION METHOD AND APPARATUS, AND DEVICE

Non-Final OA §103
Filed
Jul 12, 2024
Priority
Jan 13, 2022 — CN 202210039378.7 +1 more
Examiner
MERED, HABTE
Art Unit
Tech Center
Assignee
Unisoc (Shanghai) Technologies Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
662 granted / 783 resolved
+24.5% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
21 currently pending
Career history
798
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
78.7%
+38.7% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 783 resolved cases

Office Action

§103
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 instant office action is in response to communication filed on 07/12/2024. Claims 1-13, 15,16, and 18-22 are pending of which claims 1, 15 and 16 are independent. The IDS(s) submitted on 07/12/2024 and 06/11/2025 is being considered. Internet Communications Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. 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 for establishing a background for determining obviousness under 35 U.S.C. 103 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 nonobviousness. Claim(s) 1, 6, 13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (US 20250126605 A1) in view of Ko et al (US 20240389075 A1). Regarding claim 1, Zhao discloses a resource selection method (Figs. 1-7) , comprising: according to a first moment corresponding to target data to be transmitted, determining, by a first terminal device (see paragraph 75), a resource selection window (i.e. Fig. 2 resource selection window 101) and a resource perception window (i.e. Fig. 2 sensing window 102) corresponding to the first moment (See time axis in Fig. 2 moment T3), the resource perception window being located before the resource selection window (Per Fig. 2 Sensing window appears before selection window); excluding, by the first terminal device, from an available resource set corresponding to the resource selection window, at least a reserved resource corresponding to a second terminal device (Per Paragraphs 62, 63 resources w, x, y, z, and v were evaluated by the terminal in sensing window 202 in Fig. 2) to obtain a candidate resource set that is used for transmitting the target data, (Terminal selects x, y, z, and v but not w because it is being used a second other terminal) wherein the second terminal device transmits first data on a first resource in the resource perception window (i.e. per paragraphs 62,63, and 75 and Fig. 2 second terminal transmits in selection window w), the first terminal device supports a network standard), and the second terminal device supports a The terminals in Zhao support 5G NR standard and LTE) Zhao fails to disclose the first terminal device supports a first Ko in the same endeavor discloses the first terminal device supports a first network standard), and the second terminal device supports a second network standard. (See Fig. 16 and paragraph 243 indicating two terminals involved in partial sensing can belong to two different network standards such as LTE and NR). In view of the above, having Zhao’s resource selection method and then given the well- established teaching Ko’s techniques for partial sensing in multi standard network, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Zhao’s resource selection method as taught by Ko’s techniques for partial sensing in multi standard network,, since Ko states in paragraph 11 that the modification results in allowing the UE to perform retransmission efficiently. Regarding claim 6, Zhao modified by Ko discloses the method according to claim 1 but fails to disclose wherein the first terminal device comprises a first communication module and a second communication module, and the first communication module supports the first network standard and the second communication module supports the second network standard. Ko in the same endeavor discloses wherein the first terminal device comprises a first communication module and a second communication module, and the first communication module supports the first network standard and the second communication module supports the second network standard. (See Fig. 16 and paragraph 243 indicating two terminals involved in partial sensing can belong to two different network standards such as LTE and NR/ The modules to support the different network standards are shown in Fig. 16). In view of the above, having Zhao’s resource selection method and then given the well- established teaching Ko’s techniques for partial sensing in multi standard network, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Zhao’s resource selection method as taught by Ko’s techniques for partial sensing in multi standard network,, since Ko states in paragraph 11 that the modification results in allowing the UE to perform retransmission efficiently. Regarding claim 6, Zhao modified by Ko discloses the method according to claim 1 but fails to disclose, wherein the first network standard is a new radio (NR), the second network standard is long term evolution (LTE). Ko in the same endeavor discloses wherein the first network standard is a new radio (NR), the second network standard is long term evolution (LTE). (See Fig. 16 and paragraph 243 indicating two terminals involved in partial sensing can belong to two different network standards such as LTE and NR). In view of the above, having Zhao’s resource selection method and then given the well- established teaching Ko’s techniques for partial sensing in multi standard network, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Zhao’s resource selection method as taught by Ko’s techniques for partial sensing in multi standard network,, since Ko states in paragraph 11 that the modification results in allowing the UE to perform retransmission efficiently. Regarding claim 15, Zhao discloses a resource selection device (Fig. 3 Terminal 1 UE 1 represented structurally in Fig. 14), comprising: a processor (Fig. 14 processor 1401.) and a memory (Fig. 14 memory 1404) ; wherein the memory stores computer-executed instructions; the processor executes the computer-executed instructions stored in the memory to cause the processor to: determine(see paragraph 75), according to a first moment corresponding to target data to be transmitted(See time axis in Fig. 2 moment T3), a resource selection window (i.e. Fig. 2 resource selection window 101) and a resource perception window(i.e. Fig. 2 sensing window 102) corresponding to the first moment, the resource perception window(i.e. Fig. 2 sensing window 102) being located before the resource selection window(Per Fig. 2 Sensing window appears before selection window); exclude, from an available resource set corresponding to the resource selection window (Per Paragraphs 62, 63 resources w, x, y, z, and v were evaluated by the terminal in sensing window 202 in Fig. 2) , at least a reserved resource corresponding to a second terminal device, to obtain a candidate resource set that is used for transmitting the target data(Terminal selects x, y, z, and v but not w because it is being used a second other terminal), wherein the second terminal device transmits first data on a first resource in the resource perception window(i.e. per paragraphs 62,63, and 75 and Fig. 2 second terminal transmits in selection window w), the first terminal device supports a fThe terminals in Zhao support 5G NR standard and LTE) Zhao fails to disclose the first terminal device supports a first Ko in the same endeavor discloses the first terminal device supports a first network standard), and the second terminal device supports a second network standard. (See Fig. 16 and paragraph 243 indicating two terminals involved in partial sensing can belong to two different network standards such as LTE and NR). In view of the above, having Zhao’s resource selection method and then given the well- established teaching Ko’s techniques for partial sensing in multi standard network, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Zhao’s resource selection method as taught by Ko’s techniques for partial sensing in multi standard network,, since Ko states in paragraph 11 that the modification results in allowing the UE to perform retransmission efficiently. Allowable Subject Matter Claims 2-5, 7-12, and 18-22 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to HABTE MERED whose telephone number is (571)272-6046. The examiner can normally be reached Monday - Friday 12-10 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, Michael Thier can be reached at 5712722832. 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. /HABTE MERED/Primary Examiner, Art Unit 2474
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Prosecution Timeline

Jul 12, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §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
84%
Grant Probability
97%
With Interview (+12.4%)
2y 12m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 783 resolved cases by this examiner. Grant probability derived from career allowance rate.

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