Prosecution Insights
Last updated: October 02, 2026
Application No. 18/839,027

WIRELESS TELECOMMUNICATIONS APPARATUSES AND METHODS

Non-Final OA §103
Filed
Aug 16, 2024
Priority
Mar 01, 2022 — EU 22159546.5 +1 more
Examiner
QIN, ZHIREN
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
442 granted / 515 resolved
+25.8% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
16 currently pending
Career history
533
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
12.3%
-27.7% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 515 resolved cases

Office Action

§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 . Claim Objections Claim(s) 2-17 is/are objected to because of the following informalities: Claim 2, the Examiner suggests changing to “[[A]] The wireless telecommunications apparatus ...” Claims 3-17 are objected for the same reason above. Appropriate correction(s) is/are required. 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. Claim(s) 1-3, 5-10, 18 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20200305163) in view of Xue (US 20220070921). With respect to independent claims: Regarding claim(s) 1, Liu teaches A wireless telecommunications apparatus ([Fig.1 and 0204], a terminal such as in-vehicle device. And [0303], terminal A) for use in a wireless telecommunications network ([Fig.1]), the wireless telecommunications apparatus comprising: communication circuitry configured to transmit or receive a wireless signal ([Fig.1 and 0004, 0208], terminal can communicate with another terminal via a direct link.) over a sidelink interface ([0208], direct link may be “a side link (Side link communication,” such as V2X.) using one or more shared resources ([0297 and Fig.4], “resource set #1 is a resource shared by the terminal device # A and the terminal device # B.”); and control circuitry configured to: determine whether there is a preference not to use the one or more shared resources ([0303], “the terminal device # A listens to usage of a resource in the shared resources ... the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources, so that the network device can avoid the resource that is severely interfered.” In other words, the terminal A determines resource that is “severely interfered,” and the severely interfered resource is to avoid and not preferable.); if there is a preference not to use the one or more shared resources, control the communication circuitry to ([0303], “the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources.”): transmit a signal to the wireless telecommunications network indicating the preference not to use the one or more shared resources ([0303], “the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources, so that the network device can avoid the resource that is severely interfered.”). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. Regarding claim(s) 18, Liu teaches A wireless telecommunications apparatus for use in a wireless telecommunications network ([Fig.1 and 0204], a terminal such as in-vehicle device), the wireless telecommunications apparatus comprising: communication circuitry configured to transmit or receive a wireless signal ([Fig.1 and 0004, 0208], terminal can communicate with another terminal via a direct link.) over a sidelink interface ([0208], direct link may be “a side link (Side link communication)”) using one or more shared resources ([0297 and Fig.4], “resource set #1 is a resource shared by the terminal device # A and the terminal device # B.”); and control circuitry configured to control the communication circuitry to: receive a signal from the wireless telecommunications network indicating not to use the one or more resources for transmitting or receiving the wireless signal over the sidelink interface ([0303], “the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A.” The network device sends “scheduling information” to the terminal device to indicate “a resource for the terminal device # A” for direct link transmission.); and transmit or receive the wireless signal over the sidelink interface using one or more different resources ([0303], “a resource that can be used by the terminal device # A is indicated by using scheduling information.” In other words, the new resource is used by the terminal device A to transmit direct link data.). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. Regarding claim(s) 25, Liu teaches A wireless telecommunications apparatus for use in a wireless telecommunications network ([Fig.1 and 0204], a network device), the wireless telecommunications apparatus comprising: communication circuitry configured to ([0303], “the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources.”) receive a signal from a second wireless telecommunications apparatus ([0303], “reporting information” sent from the terminal device A.) indicating there is a preference for the second wireless telecommunications apparatus not to use one or more unlicensed resources to transmit or receive a wireless signal ([0303], “a location of a resource that is severely interfered with (or that is occupied) in the shared resources.”) over a sidelink interface ([Fig.1 and 0004, 0208], “terminal can communicate with another terminal via a direct link.” And the direct link may be “a side link (Side link communication).”); and control circuitry configured to: determine, in response to the received signal, one or more different resources for use by the second wireless telecommunications apparatus to transmit or receive the wireless signal over the sidelink interface ([0303], “that the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A.” In other words, the network device schedules a new resource in the shared resources to be used by the terminal device A to transmit V2V data.); and control the communication circuitry to transmit a signal to the second wireless telecommunications apparatus indicating the one or more different resources ([0303], “a resource that can be used by the terminal device # A is indicated by using scheduling information.” In other words, the new resource is used by the terminal device A to transmit V2V data.). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. With respect to dependent claims: Regarding claim(s) 2, Liu teaches receive a signal from the wireless telecommunications network indicating one or more different resources to use for transmitting or receiving the wireless signal ([0303], “The network device schedules a proper resource for the terminal device #1 based on the report information ... the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A, that is, a resource that can be used by the terminal device # A is indicated by using scheduling information.”) over the sidelink interface ([Fig.4 and 0209], “sends V2X service data based on the resource allocated by the network device.”); and transmit or receive the wireless signal over the sidelink interface ([Fig.4 and 0209], “sends V2X service data based on the resource allocated by the network device.”) using the one or more different resources ([0303], “the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A.”). Regarding claim(s) 3, Liu teaches determine there is a preference not to use the one or more shared resources when it is determined the one or more shared resources are subject to interference ([0303], “the terminal device # A listens to usage of a resource in the shared resources ... the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources, so that the network device can avoid the resource that is severely interfered.”). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. Regarding claim(s) 5, Liu teaches wherein the one or more shared resources are granted by the wireless telecommunications network ([Fig.4 and 0209], “sends V2X service data based on the resource allocated by the network device.”). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. Regarding claim(s) 6, Liu teaches wherein the one or more different resources are granted by the wireless telecommunications network ([0303], “the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A, that is, a resource that can be used by the terminal device # A is indicated by using scheduling information.”). Regarding claim(s) 7, Liu teaches wherein the one or more shared resources are comprised in one or more resource allocated to the wireless telecommunications apparatus ([0209], “sends V2X service data based on the resource allocated by the network device.”). However, Liu does not specifically disclose unlicensed resources and resource pools. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”) and one or more resource pools ([0100], “a sidelink resource pool may refer to a set of time and frequency resources that may be used for sidelink operations.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. Regarding claim(s) 8, Liu teaches wherein the one or more resource are allocated to the wireless telecommunications apparatus by the wireless telecommunications network ([0209], “sends V2X service data based on the resource allocated by the network device.”). However, Liu does not specifically disclose unlicensed resources and resource pools. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”) and one or more resource pools ([0100], “a sidelink resource pool may refer to a set of time and frequency resources that may be used for sidelink operations.”). Regarding claim(s) 9, Xue teaches wherein the one or more resource pools are preconfigured at the wireless telecommunications apparatus ([0105], “the UE 215 is preconfigured with a sidelink resource pool 450.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify preconfigured unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. Regarding claim(s) 10, Liu teaches the one or more unlicensed resources are comprised in one or more resource ... allocated to the wireless telecommunications apparatus ([0209], “sends V2X service data based on the resource allocated by the network device.”); the one or more different resources are comprised in one or more different resource ... ([0303], “the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A, that is, a resource that can be used by the terminal device # A is indicated by using scheduling information.”); and the signal from the wireless telecommunications network indicating the one or more different resources indicates the one or more different resource ... ([0303], “the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A, that is, a resource that can be used by the terminal device # A is indicated by using scheduling information.”). However, Liu does not teach different resource pools. In an analogous art, Xue teaches different resource pools ([0100], “a sidelink resource pool may refer to a set of time and frequency resources that may be used for sidelink operations.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify resource pool as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xue, and further in view of Fan (US 20240032069). Regarding claim(s) 4, Fan teaches wherein the control circuitry is configured to determine whether the one or more unlicensed resources are subject to interference during a predetermined time period ([0093], “If the receive power is less than a threshold, it is considered that there is no interference source on the unlicensed frequency band .”) when there is no communication between the wireless telecommunications apparatus and another wireless telecommunications apparatus over the sidelink interface ([0093], “each node determines a busy or idle state based on a value of a receive power in an unlicensed frequency band. If the receive power is less than a threshold, it is considered that there is no interference source on the unlicensed frequency band and the unlicensed frequency band is in the idle state.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify determining whether interference occurs in an unlicensed as taught by Fan. The motivation/suggestion would have been because there is a need to transmit data on the unlicensed spectrum. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xue, and further in view of Novlan (US 20200229192). Regarding claim(s) 11, Liu teaches the one or more resource ([0209], old resource used for LBT prior to sending reporting information.) and the one or more different resource ([0303], a new resource is scheduled “the terminal device # A” after the sent reporting information.) are part of a set of resource (old resource and new resource.), each resource in the set being identifiable by a resource identifier (old resource and new resource must be identified in order to be differentiated.); and the signal from the wireless telecommunications network indicating the one or more different resource indicates the resource identifier of each of the one or more different resource ([0303], a new resource is scheduled “the terminal device # A” after the sent reporting information.). However, Liu does not teach different resource pools. In an analogous art, Novlan teaches different resource pools ([0041], “the resource allocations selected by network device 510 can ... indicate a subset of resource pools out of a set of preconfigured resource pools.”) Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify different resource pools as taught by Novlan. The motivation/suggestion would have been because there is a need to indicate different resource pools to a UE. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xue, and further in view of Takano (US 20160353416). Regarding claim(s) 12, Liu teaches the one or more unlicensed resources are comprised in one or more shared resource allocated to the wireless telecommunications apparatus ([0209], “sends V2X service data based on the resource allocated by the network device.”); and the one or more different resources ([0303], “the network device can avoid the resource that is severely interfered with in the shared resources when scheduling a resource for the terminal device # A, that is, a resource that can be used by the terminal device # A is indicated by using scheduling information.”). However, Liu does not teach different resources are added to the one or more resource pools. In an analogous art, Takano teaches the one or more different resources are added to the one or more resource pools ([0391], “a new resource pool may be added to the one or more resource pools.”) Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify different resource pools as taught by Takano. The motivation/suggestion would have been because there is a need to avoid collision. Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xue, and further in view of Ozturk (US 20200252846). Regarding claim(s) 14, Liu teaches wherein the signal transmitted to the wireless telecommunications network indicating the preference not to use the one or more shared resource is a ... message ([0303], “the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources, so that the network device can avoid the resource that is severely interfered.”). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. However, the combination of Liu and Xue does not teach a radio resource control, RRC, message. In an analogous art, Ozturk teaches a radio resource control, RRC, message ([0072], “the UE 404 may send a report to the base station 402. The UE 404 may send the report to the base station 402 to indicate the failure of the transmission upon the determination that the first unlicensed frequency channel is unavailable for the transmission.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify RRC message as taught by Xue. The motivation/suggestion would have been because there is a need to inform BS a channel status. Regarding claim(s) 15, Liu teaches wherein the ... message indicates one or more interested frequencies or one or more frequencies associated with the one or more shared resource which there is a preference not to use ([0303], “the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources, so that the network device can avoid the resource that is severely interfered.”). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. However, the combination of Liu and Xue does not teach RRC message. In an analogous art, Ozturk teaches RRC message ([0072], “the UE 404 may send a report to the base station 402. The UE 404 may send the report to the base station 402 to indicate the failure of the transmission upon the determination that the first unlicensed frequency channel is unavailable for the transmission.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify RRC message as taught by Xue. The motivation/suggestion would have been because there is a need to inform BS a channel status. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xue, Ozturk, and further in view of Yu (US 20250047614). Regarding claim(s) 16, Liu teaches if there is a preference not to use the one or more shared resource due to the one or more shared resource being subject to interference ([0303], “the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources, so that the network device can avoid the resource that is severely interfered.”) ... and ... indicating ... interference as a failure reason ([0303], “the terminal device # A reports, to the network device, a location of a resource that is severely interfered with (or that is occupied) in the shared resources.”). However, Liu does not specifically disclose unlicensed resources. In an analogous art, Xue discloses unlicensed resources ([0105], “The sidelink resource pool 450 may span a certain frequency bandwidth in an unlicensed band or shared frequency band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify unlicensed resources as taught by Xue. The motivation/suggestion would have been because there is a need to transmit sidelink data. However, the combination of Liu and Xue does not teach RRC message. In an analogous art, Ozturk teaches RRC message ([0072], “the UE 404 may send a report to the base station 402. The UE 404 may send the report to the base station 402 to indicate the failure of the transmission upon the determination that the first unlicensed frequency channel is unavailable for the transmission.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify RRC message as taught by Xue. The motivation/suggestion would have been because there is a need to inform BS a channel status. However, the combination of Liu, Xue and Ozturk does not teach determine whether there is a failure in transmitting or receiving the wireless signal over the sidelink interface using the one or more unlicensed resources; and if there is a failure, indicating, in the RRC message, interference as a failure reason. In an analogous art, Yu teaches determine whether there is a failure in transmitting or receiving the wireless signal over the sidelink interface using the one or more unlicensed resources ([0091], “the device 210 may, in response to receiving the indication for occurrence of the intra-system transmission collision of the previous transmission in the unlicensed band, determine that the failure of the transmission is caused by the intra-system transmission collision in the unlicensed band.”); and if there is a failure, indicating ... interference as a failure reason ([0091], “receiving the indication for occurrence of the intra-system transmission collision of the previous transmission in the unlicensed band.”). Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify collision in unlicensed spectrum as taught by Yu. The motivation/suggestion would have been because there is a need to determine cause of failure of data transmission. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xue, and further in view of Yu (US 20250047614). Regarding claim(s) 17, Yu teaches determine whether there is a preference not to use the one or more unlicensed resources ([0094], “the information associated with the transmission collision comprises one or more indications of non-preferred resources associated with the unlicensed band.”) based on one or more failed transmissions or receptions of a wireless signal over the sidelink interface using the one or more unlicensed resources ([0091], “the device 210 may, in response to receiving the indication for occurrence of the intra-system transmission collision of the previous transmission in the unlicensed band, determine that the failure of the transmission is caused by the intra-system transmission collision in the unlicensed band.”), a received signal strength indicator, RSSI, measurement performed on the one or more unlicensed resources, a reference signal received power, RSRP, measurement performed on the one or more unlicensed resources or a wideband channel measurement performed on the one or more unlicensed resources. Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Liu to specify collision in unlicensed spectrum as taught by Yu. The motivation/suggestion would have been because there is a need to determine cause of failure of data transmission. Allowable Subject Matter Claim(s) 13 is/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 ZHIREN QIN whose telephone number is (571)272-5444. The examiner can normally be reached on M-F 9-6 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached on 571-272-3123. 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. /ZHIREN QIN/Examiner, Art Unit 2411
Read full office action

Prosecution Timeline

Aug 16, 2024
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
96%
With Interview (+9.8%)
2y 6m (~5m remaining)
Median Time to Grant
Low
PTA Risk
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