Prosecution Insights
Last updated: October 23, 2026
Application No. 18/860,832

METHOD AND APPARATUS FOR TRANSMITTING SIDELINK DATA, AND READABLE STORAGE MEDIUM

Non-Final OA §102§103§112
Filed
Oct 28, 2024
Priority
Apr 29, 2022 — nonprovisional of PCTCN2022090709
Examiner
SEN, ANINDITA
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
70 granted / 85 resolved
+24.4% vs TC avg
Minimal +3% lift
Without
With
+3.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
17 currently pending
Career history
145
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
78.9%
+38.9% vs TC avg
§102
14.7%
-25.3% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 85 resolved cases

Office Action

§102 §103 §112
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 . Allowable Subject Matter Claims 4-9,17-19,21 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. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION. — The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 9,19 recites the limitation " the N frequency-domain resource units in the candidate resource belong to the same LBT subband". There is insufficient antecedent basis for this limitation in the claim. Claim 9 depends from claim 1 and claim 19 depends from Claim 14 and claim 1 and claim 14 never introduces “same LBT subband”. 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 1,10,14,11,20,22 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al.( US20230389053A1) Regarding Claim 1, Wu teaches, A method for transmitting sidelink data, performed by user equipment, the method comprising: [76]- a communication manager 101 may determine a resource selection configuration that indicates a set of CCs for sidelink communications within a shared radio frequency spectrum band (e.g., an unlicensed band). determining a value of N configured to indicate a number of frequency-domain resource units to be determined by the user equipment within a transmission band, wherein the transmission band is located within an unlicensed frequency band, and comprises M Listen Before Talk (LBT) subbands, where N and M are integers greater than 1;[95]- . The transmitting UE 115 may, for example, transmit the sidelink message 305 using a selected resource on one CC 310 of the subset of CCs that passes the channel access procedure or using a respective selected resource on multiple CCs 310 that pass the channel access procedure [109]- For example, the first UE 115 may indicate a frequency allocation or index for the frequency location, where the frequency allocation or index may indicate a number of subcarriers or subchannels, a number of resource elements, a number of resource blocks, (=frequency domain resource units) [93]- unlicensed spectrum may be configured with a set of defined frequencies (e.g., a set of defined candidate CCs 310) (=wherein the transmission band is located within an unlicensed frequency band) The set of frequencies may be channelized to a number of CCs (e.g., the set of candidate CCs), and each CC 310 may have a defined bandwidth (e.g., 20 MHz).(=comprises M Listen Before Talk (LBT) subbands,) [102]- As described herein, the first UE 115 may select resources 405 and 410 in multiple CCs (e.g., in N CCs, where N>1). In some cases, the first UE 115 may determine a successful channel access in two or more CCs (e.g., M CCs, where 1<M≤N). (=where N and M are integers greater than 1) determining a frequency-domain resource within the transmission band based on a position of the frequency-domain resource located within at least one of the LBT sub-bands, [94]- resources that are available at a same relative frequency location 330 (e.g., a same subchannel index) on two or more CCs 310 of the set of CCs. wherein the frequency-domain resource comprises N frequency-domain resource units, [102]- As described herein, the first UE 115 may select resources 405 and 410 in multiple CCs (e.g., in N CCs, where N>1). and a number of LBT sub-bands occupied by the frequency-domain resource is less than or equal to M; and [94]- select resources that are available on all or a subset of CCs 310 of the set of CCs (e.g., multiple CCs of the set of CCs), transmitting the sidelink data over the frequency-domain resource.[95]- may transmit a sidelink message 305 Regarding Claim 10, Wu teaches, The method according to claim 1, wherein determining the frequency-domain resource within the transmission band based on the position of the frequency-domain resource located within the at least one of the LBT subbands, comprises: determining a seventh set, wherein the seventh set comprises multiple candidate resources,[82]- For example, the first UE 115 may identify available resources for a sidelink transmission each candidate resource comprises N frequency-domain resource units, and [114]- s described with reference to FIG. 3 , the first UE 115 may select a number of resources 505 for a sidelink message, where the resources may be available in a same transmission time occasion the N frequency-domain resource units in each candidate resource belong to K LBT subbands, where K is an integer less than M, and [116]- resources 505 may be available at different relative frequency locations in CC0, CC1, CC2, and CC3 wherein a time-frequency resource corresponding to SCI does not have overlapping regions with any candidate resource in the seventh set; and [114]- The first UE 115 may use information received from one or more second UEs 115 (e.g., via SCI) to select the resources 505, which information may indicate reserved or busy resources 510 within the set of CCs determining one or more of the multiple candidate resources resources in the seventh set as the frequency-domain resource.[114]- the first UE 115 may select a number of resources 505 for a sidelink message, where the resources may be available in a same transmission time occasion (e.g., slot) on multiple CCs of a set of candidate CCs. Regarding Claim 11, The method according to claim 10, further comprising: determining K based on a protocol; or receiving downlink control signaling sent by a network device, wherein the downlink control signaling comprises information indicating K. [94]- The transmitting UE 115 may select the resources according to a resource selection configuration (e.g., defined by a wireless communications standard) Regarding Claim 14, Wu teaches,User equipment, comprising; a processor; and a memory storing a computer program executable by the processor; wherein the processor is configured to; determine a value of N configured to indicate a number of frequency-domain resource units to be determined by the user equipment within a transmission band, wherein the transmission band is located within an unlicensed frequency band, and comprises M Listen Before Talk (LBT) subbands, where N and M are integers greater than 1; [95] - The transmitting UE 115 may, for example, transmit the sidelink message 305 using a selected resource on one CC 310 of the subset of CCs that passes the channel access procedure or using a respective selected resource on multiple CCs 310 that pass the channel access procedure [109]- For example, the first UE 115 may indicate a frequency allocation or index for the frequency location, where the frequency allocation or index may indicate a number of subcarriers or subchannels, a number of resource elements, a number of resource blocks, (=frequency domain resource units) [93]- unlicensed spectrum may be configured with a set of defined frequencies (e.g., a set of defined candidate CCs 310) (=wherein the transmission band is located within an unlicensed frequency band) The set of frequencies may be channelized to a number of CCs (e.g., the set of candidate CCs), and each CC 310 may have a defined bandwidth (e.g., 20 MHz).(=comprises M Listen Before Talk (LBT) subbands,) [102]- As described herein, the first UE 115 may select resources 405 and 410 in multiple CCs (e.g., in N CCs, where N>1). In some cases, the first UE 115 may determine a successful channel access in two or more CCs (e.g., M CCs, where 1<M≤N). (=where N and M are integers greater than 1) determine a frequency-domain resource within the transmission band based on a position of the frequency-domain resource located within at least one of the LBT subbands, [94]- resources that are available at a same relative frequency location 330 (e.g., a same subchannel index) on two or more CCs 310 of the set of CCs. wherein the frequency-domain resource comprises N frequency-domain resource units, [102]- As described herein, the first UE 115 may select resources 405 and 410 in multiple CCs (e.g., in N CCs, where N>1). and a number of LBT subbands occupied by the frequency-domain resource is less than or equal to M; and [94]- select resources that are available on all or a subset of CCs 310 of the set of CCs (e.g., multiple CCs of the set of CCs), transmit the sidelink data over the frequency-domain resource. [95]- may transmit a sidelink message 305 Regarding Claim 20, Wu teaches, The method according to claim 14, wherein determining the frequency-domain resource within the transmission band based on the position of the frequency-domain resource located within the at least one of the LBT subbands, comprises: determining a seventh set, wherein the seventh set comprises multiple candidate resources,[82]- For example, the first UE 115 may identify available resources for a sidelink transmission each candidate resource comprises N frequency-domain resource units, and [114]- s described with reference to FIG. 3 , the first UE 115 may select a number of resources 505 for a sidelink message, where the resources may be available in a same transmission time occasion the N frequency-domain resource units in each candidate resource belong to K LBT subbands, where K is an integer less than M, and [116]- resources 505 may be available at different relative frequency locations in CC0, CC1, CC2, and CC3 wherein a time-frequency resource corresponding to SCI does not have overlapping regions with any candidate resource in the seventh set; and [114]- The first UE 115 may use information received from one or more second UEs 115 (e.g., via SCI) to select the resources 505, which information may indicate reserved or busy resources 510 within the set of CCs determining one or more of the multiple candidate resources resources in the seventh set as the frequency-domain resource.[114]- the first UE 115 may select a number of resources 505 for a sidelink message, where the resources may be available in a same transmission time occasion (e.g., slot) on multiple CCs of a set of candidate CCs. Regarding Claim 11, Wu teaches, The method according to claim 10, further comprising: determining K based on a protocol; or receiving downlink control signaling sent by a network device, wherein the downlink control signaling comprises information indicating K. [94]- The transmitting UE 115 may select the resources according to a resource selection configuration (e.g., defined by a wireless communications standard). Regarding Claim 22, Wu teaches, The user equipment according to claim 20, wherein the processor is further configured to determine K based on at least one of a protocol or downlink control signaling sent by a network device, wherein the downlink control signaling comprises information indicating K. [94]- The transmitting UE 115 may select the resources according to a resource selection configuration (e.g., defined by a wireless communications standard). 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) 2,3,12,16 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al.( US20230389053A1) in view of Xue et al.( US20210195637A1) Regarding Claim 2, Wu teaches, The method according to claim 1, wherein determining the frequency- domain resource within the transmission band based on the position of the frequency- domain resource [114]- the first UE 115 may select a number of resources 505 for a sidelink message, transmission band, as the frequency-domain resource. [95]- 310 of the subset of CCs prior to the transmission time occasion and may transmit a sidelink message 305. Wu does not teach, located within the at least one of the LBT subbands, comprises; determining N frequency-domain resource units, located within a same LBT subband within Xue teaches, located within the at least one of the LBT subbands, comprises: [70]- the frequency band 301 is a 20 MHz band in a 5 GHz unlicensed spectrum and may be partitioned into about four 5 MHz frequency subbands 302. determining N frequency-domain resource units, located within a same LBT subband within the [41]- the sidelink UE may perform the LBT in units of a LBT subband size within the share radio frequency band,[84]- the sidelink UE A may perform a CAT4 LBT over a 20 MHz band (e.g., including about 4 subbands 302) It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wu, located within the at least one of the LBT subbands, comprises; determining N frequency-domain resource units, located within a same LBT subband within as taught by Xue to use location within subbands. Regarding Claim 3, Wu teaches, The method according to claim 2, wherein determining N frequency- domain resource units, located within the same LBT subband within the transmission band, as the frequency-domain resource, comprises: determining a first set, wherein the first set comprises multiple candidate resources, [82]- For example, the first UE 115 may identify available resources for a sidelink transmission (e.g., sidelink message), which may be referred to as candidate resources a candidate resource comprises N frequency-domain resource units, and [94]- A transmitting UE 115 (e.g., UE 115-a) may select a number of resources for a sidelink transmission and determining one or more of the multiple candidate resources in the first set as the frequency-domain resource. [82]- The first UE 115 may select one or more resources 205 for the sidelink transmission from the candidate resources. Wu does not teach, the N frequency-domain resource units in the candidate resource belong to the same LBT subband; Xue teaches, the N frequency-domain resource units in the candidate resource belong to the same LBT subband; [71]- Each sidelink frame 304 includes a sidelink resource 306 in each frequency subband 302. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wu, the N frequency-domain resource units in the candidate resource belong to the same LBT subband as taught by Xue to use location within subbands. Regarding Claim 12, Wu does not teach, The method according to claim 1,further comprising: receiving high-level signaling sent by a network device, wherein the high-level signaling comprises information indicating N.. Xue teaches, The method according to claim 1,further comprising: receiving high-level signaling sent by a network device, [83]- r instance, a BS (e.g., the BSs 105 and/or 205) may configure the sidelink UE with an LBT configuration for sidelink communication as shown in scheme 400. wherein the high-level signaling comprises information indicating N. [83]- plurality of frequency subbands 302 and may include a sidelink resource 306 in each frequency subband 302. However, the sidelink frames 404. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wu, The method according to claim 1,further comprising: receiving high-level signaling sent by a network device; wherein the high-level signaling comprises information indicating N as taught by Xue to use location within subbands. Regarding Claim 16, Wu teaches, The user equipment according to claim 14, wherein the processor is further configured to: determine a first set, wherein the first set comprises multiple candidate resources, [82]- For example, the first UE 115 may identify available resources for a sidelink transmission (e.g., sidelink message), which may be referred to as candidate resources a candidate resource comprises N frequency-domain resource units, and [94]- A transmitting UE 115 (e.g., UE 115-a) may select a number of resources for a sidelink transmission and determining one or more of the multiple candidate resources in the first set as the frequency-domain resource. [82]- The first UE 115 may select one or more resources 205 for the sidelink transmission from the candidate resources. Wu does not teach, the N frequency-domain resource units in the candidate resource belong to the same LBT subband; Xue teaches, the N frequency-domain resource units in the candidate resource belong to the same LBT subband; [71]- Each sidelink frame 304 includes a sidelink resource 306 in each frequency subband 302. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wu, the N frequency-domain resource units in the candidate resource belong to the same LBT subband as taught by Xue to use location within subbands. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anindita Sen whose telephone number is (571)-272-2390. The examiner can normally be reached 7:30am-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, Joseph Avellino can be reached on (571)-272-3905. 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. /ANINDITA SEN/Examiner, Art Unit 2478 /JOSEPH E AVELLINO/Supervisory Patent Examiner, Art Unit 2478
Read full office action

Prosecution Timeline

Oct 28, 2024
Application Filed
Sep 29, 2026
Non-Final Rejection mailed — §102, §103, §112 (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
82%
Grant Probability
86%
With Interview (+3.4%)
3y 0m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 85 resolved cases by this examiner. Grant probability derived from career allowance rate.

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