Prosecution Insights
Last updated: October 02, 2026
Application No. 18/810,557

RESOURCE DETERMINING METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Aug 21, 2024
Priority
Mar 01, 2022 — CN 202210194595.3 +1 more
Examiner
NDIAYE, CHEIKH T
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
585 granted / 739 resolved
+19.2% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
19 currently pending
Career history
751
Total Applications
across all art units

Statute-Specific Performance

§101
13.8%
-26.2% vs TC avg
§103
38.6%
-1.4% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 739 resolved cases

Office Action

§102 §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 claims 1-19 are pending. 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 1-6 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over WU et al (US Patent Publication No. 2023/0232431 A1) (Hereinafter WU_1) in view of WU et al (US Patent Publication No. 2023/0224959 A1)(Hereinafter WU_2). With respect to claim 1, WU_1 teaches a resource determining method performed by a first terminal apparatus (Abstract), comprising: determining an available time-frequency resource set in a resource selection window based on resource reservation information of a second terminal apparatus and a first channel occupancy time (paragraph 0038; 0041 disclose the UE may determine available resources in the selection window based on decoding sidelink control information (SCI), measuring reference signals of transmissions in the sensing window, or both, which may indicate resource reservations in the resource selection window; the UE may identify available resources within a resource selection window or a shared channel occupancy and determine different priorities for the available resources within the resource selection window or channel occupancy), wherein the first channel occupancy time is in the resource selection window determined by the first terminal apparatus and is shared by the first terminal apparatus and the second terminal apparatus (paragraph 0112; 0118 disclose the resource selection window 420 may be equal to or smaller (e.g., in time) than a COT. In some cases, the selection window may extend beyond the end of the COT; paragraph 0107; 0095 discloses shared COT by multiple UEs 215); and sending first data on at least one first time-frequency resource unit in the available time-frequency resource set (paragraph 0132 disclose determine resource selection priority levels associated with available resources based on resource reservation information of the available resources and selecting one or more resources for the sidelink signaling from the available resources based on the resource selection priority levels associated with the available resources, and transmit the sidelink signaling on the unlicensed radio frequency spectrum band using the one or more selected resources). WU does not explicitly disclose the resource reservation information indicates a first time-frequency resource set used by the second terminal apparatus to send data, a first part of time-frequency resource units in the first time-frequency resource set are in the first channel occupancy time, and the available time-frequency resource set does not comprise at least one time-frequency resource unit in the first part of time-frequency resource units. However, WU_2 teaches he resource reservation information indicates a first time-frequency resource set used by the second terminal apparatus to send data, a first part of time-frequency resource units in the first time-frequency resource set are in the first channel occupancy time, and the available time-frequency resource set does not comprise at least one time-frequency resource unit in the first part of time-frequency resource units (paragraph 0042; 0094 disclose a message indicating resource reservation information. After detecting the message, wireless device 115-b may decode the message to designate reserved time frequency resources 225 indicated by wireless device 115-a as busy, and may exclude reserved time frequency resources 225 from being resources utilized in wireless device 115-b reservations) in order to provide reserved resources based COT solution (Abstract). Therefore, based on WU_1 in view of WU_2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of WU_2 to the system of WU_1 in order to provide reserved resources-based COT solution. With respect to claim 2, WU_1 discloses the claimed subject matter as discussed above except sending first information to the second terminal apparatus, wherein the first information comprises second information and an identifier of the second terminal apparatus, the second information indicates the at least one time-frequency resource unit in the first part of time-frequency resource units. However, WU_2 teaches sending first information to the second terminal apparatus, wherein the first information comprises second information and an identifier of the second terminal apparatus, the second information indicates the at least one time-frequency resource unit in the first part of time-frequency resource units (paragraph 0042; 0094 disclose a message indicating resource reservation information. After detecting the message, wireless device 115-b may decode the message to designate reserved time frequency resources 225 indicated by wireless device 115-a as busy, and may exclude reserved time frequency resources 225 from being resources utilized in wireless device 115-b reservations) in order to provide reserved resources based COT solution (Abstract). Therefore, based on WU_1 in view of WU_2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of WU_2 to the system of WU_1 in order to provide reserved resources-based COT solution. With respect to claim 3, WU_1 teaches wherein the first information further comprises a duration of the first channel occupancy time (paragraph 0118 disclose the duration of the sub-selection window 425 may be smaller than the COT or the duration of the resource selection window 420). With respect to claim 4, WU_1 teaches sending indication information to the second terminal apparatus, wherein the indication information indicates that the first terminal apparatus shares the first channel occupancy time with the second terminal apparatus (paragraph 0038; 0040; 0095 disclose a COT may be shared by multiple UEs 215. For example, another UE 215 may share the COT initiated by the UE 215). With respect to claim 5, WU_1 teaches wherein the first channel occupancy time is shared by a plurality of terminal apparatuses with the first terminal apparatus (paragraph 0038; 0040; 0095 disclose a COT may be shared by multiple UEs 215. For example, another UE 215 may share the COT initiated by the UE 215), or the resource reservation information received by the first terminal apparatus belongs to a plurality of terminal apparatuses (paragraph 0125), and wherein the method further comprises: determining the second terminal apparatus based on service priorities of the plurality of terminal apparatuses (paragraph 0132 discloses the resource selection priority levels may be determined based on resource reservation information of the available resources, a time domain location of the available resources, or both, where a first resource of the available resources is associated with a higher priority than a second resource of the available resources in resource selection, select one or more resources for the sidelink signaling from the available resources based on the resource selection priority levels associated with the available resources). With respect to claim 6, WU_1 discloses the claimed subject matter as discussed above except wherein the at least one first time-frequency resource unit and the at least one time-frequency resource unit in the first part of time-frequency resource units occupy consecutive slots in time domain. However, WU_2 discloses wherein the at least one first time-frequency resource unit and the at least one time-frequency resource unit in the first part of time-frequency resource units occupy consecutive slots in time domain (paragraph 0042; 0094; 0114; 0121 disclose a message indicating resource reservation information. After detecting the message, wireless device 115-b may decode the message to designate reserved time frequency resources 225 indicated by wireless device 115-a as busy, and may exclude reserved time frequency resources 225 from being resources utilized in wireless device 115-b reservations) in order to provide reserved resources based COT solution (Abstract). Therefore, based on WU_1 in view of WU_2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of WU_2 to the system of WU_1 in order to provide reserved resources-based COT solution. The limitations of claim 8 are rejected in the analysis of claim 1 above, and the claim is rejected on that basis. The limitations of claim 9 are rejected in the analysis of claim 2 above, and the claim is rejected on that basis. The limitations of claim 10 are rejected in the analysis of claim 3 above, and the claim is rejected on that basis. The limitations of claim 11 are rejected in the analysis of claim 4 above, and the claim is rejected on that basis. The limitations of claim 12 are rejected in the analysis of claim 5 above, and the claim is rejected on that basis. The limitations of claim 13 are rejected in the analysis of claim 6 above, and the claim is rejected on that basis. Claim Rejections - 35 USC § 102 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. Claim(s) 15-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WU et al (US Patent Publication No. 2023/0224959 A1) (Hereinafter WU_2). With respect to claim 15, WU_2 teaches a resource determining apparatus (UE 115) comprising: a communication module; and a processor (Fig. 7); wherein the processor is configured to determine resource reservation information indicating a first time-frequency resource set used by the apparatus to send second data, a first part of time-frequency resource units in the first time-frequency resource set are in a first channel occupancy time (paragraph 0042; 0094 disclose a message indicating resource reservation information. After detecting the message, wireless device 115-b may decode the message to designate reserved time frequency resources 225 indicated by wireless device 115-a as busy, and may exclude reserved time frequency resources 225 from being resources utilized in wireless device 115-b reservations), and the first channel occupancy time shared by a first terminal apparatus and the apparatus (paragraph 0006; 0119 disclose wireless device 115-d and wireless device 115-e may share a COT sharing configuration. The COT sharing configuration may include SCI as well as sharing information for the COT. Based on the sharing information, wireless device 115-d and wireless device 115-e may determine to share the COT), and wherein the communication module is configured to send the resource reservation information (paragraph 0121 disclose At 625, wireless device 115-d may transmit a message (e.g., reservation message) in the first slot of the COT over the channel. The message may indicate the reserved slot within the COT for subsequent communication by wireless device 115-d). With respect to claim 16, WU_2 teaches wherein the communication module is further configured to: receive first information from the first terminal apparatus, wherein the first information comprises second information and an identifier of the apparatus, the second information indicates at least one time-frequency resource unit in the first part of time-frequency resource units (paragraph 0042; 0094 disclose a message indicating resource reservation information. After detecting the message, wireless device 115-b may decode the message to designate reserved time frequency resources 225 indicated by wireless device 115-a as busy, and may exclude reserved time frequency resources 225 from being resources utilized in wireless device 115-b reservations). With respect to claim 17, WU_2 teaches wherein the first information further comprises a duration of the first channel occupancy time (paragraph 0090 discloses the COT may be configured as a given time interval (e.g., 2 ms, 5 ms, 10 ms)). With respect to claim 18, WU_2 teaches wherein the processor is further configured to: access a channel based on the first information, and wherein the communication module is further configured to: send third data on the at least one time-frequency resource unit in the first part of time-frequency resource units, wherein the third data belongs to the second data. (paragraph 0042; 0094; 0114; 0121 disclose a message indicating resource reservation information. After detecting the message, wireless device 115-b may decode the message to designate reserved time frequency resources 225 indicated by wireless device 115-a as busy, and may exclude reserved time frequency resources 225 from being resources utilized in wireless device 115-b reservations). With respect to claim 19, WU_2 teaches wherein the communication module is further configured to: receive, from the first terminal apparatus, indication information indicating that the first terminal apparatus shares the first channel occupancy time with the apparatus (paragraph 0092 disclose wireless device 115-a may initiate COT sharing by transmitting a COT sharing configuration 215-a to wireless device 115-b. The COT sharing configuration 215-a may include SCI as well as sharing information for the COT). Allowable Subject Matter Claims 7 and 14 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEIKH T NDIAYE whose telephone number is (571)270-3914. The examiner can normally be reached Monday-Friday 8:00am-5:30pm. 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, JOON H HWANG can be reached at 571-272-4036. 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. /CHEIKH T NDIAYE/Primary Examiner, Art Unit 2447 9/4/2026
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Prosecution Timeline

Aug 21, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
98%
With Interview (+18.6%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 739 resolved cases by this examiner. Grant probability derived from career allowance rate.

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