Prosecution Insights
Last updated: August 17, 2026
Application No. 18/901,992

RESOURCE DETERMINING METHOD AND APPARATUS, TERMINAL, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Sep 30, 2024
Priority
Mar 31, 2022 — CN 202210346817.9 +1 more
Examiner
TILAHUN, ALAZAR
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
479 granted / 674 resolved
+11.1% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
17 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 674 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 . 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. Claims 1-7, 12, 14-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over ZHOU et al. Pub. No.: US 20240267875 (Hereinafter “Zhou”) in view of LOU et al. Pub. No.: US 20240365353 (Hereinafter “Lou”). Regarding Claim 1, Zhou discloses a resource determining method (see abstract), comprising: determining, by a terminal, a candidate resource of a sidelink positioning reference signal (see fig.3A, step 101 and paragraph [0125]); and determining, by the terminal, a target resource for transmitting the sidelink positioning reference signal from a candidate resource set formed by the candidate resource (see fig.3A, step 104 and paragraph [0133]); wherein the candidate resource comprises a candidate time domain resource, and any one of the candidate time domain resource (see paragraph [0036]) Zhou fails discloses any one of the candidate time domain resource comprises at least one of the following: a first time unit, wherein the first time unit is only used for transmitting the sidelink positioning reference signal; or a second time unit, wherein the second time unit is used for transmitting the sidelink positioning reference signal and resource determining-related information. In analogous art, Lou teaches: any one of the candidate time domain resource (see paragraph [0036]) comprises at least one of the following: a first time unit, wherein the first time unit is only used for transmitting the sidelink positioning reference signal (see fig.19, step 1905); or a second time unit, wherein the second time unit is used for transmitting the sidelink positioning reference signal and resource determining-related information (see paragraphs [0020, 0083]). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhou with the teaching as taught by Lou in order to improve the reliability, data rate, latency of SL communications. Regarding Claim 2, Zhou in view of Lou discloses the method as discussed in the rejection of claim 1. Lou further discloses wherein the resource determining-related information comprises at least one of the following: sidelink control information, wherein the sidelink control information is used for scheduling the sidelink positioning reference signal; or a sensing signal for sensing a scheduling situation of the candidate resource (see paragraphs [0116, 0124]); wherein the sidelink control information only comprises 1st SCI (see paragraph [0068]). Regarding Claim 3, Zhou in view of Lou discloses the method as discussed in the rejection of claim 1. Zhou further discloses wherein the first time unit comprises one or more time subunits, and any one of the time subunits is the smallest unit for resource scheduling of the sidelink positioning reference signal (see paragraph [0036]). Regarding Claim 4 , Zhou in view of Lou discloses the method as discussed in the rejection of claim 1. Lou further discloses wherein the second time unit comprises a resource determining-related information part and one or more time subunits, and any one of the time subunits is the smallest unit for resource scheduling of the sidelink positioning reference signal; wherein the resource determining-related information part comprises sidelink control information mapping (see paragraph [0096]). Regarding Claim 5 , Zhou in view of Lou discloses the method as discussed in the rejection of claim 4. Zhou further discloses wherein the time subunit and the resource determining-related information part do not overlap in time domain; or, wherein a part of the time subunit and the resource determining-related information part overlap in time domain (see paragraphs [0058, 0118]). Regarding Claim 6, Zhou in view of Lou discloses the method as discussed in the rejection of claim 1. Lou further discloses wherein the second time unit comprises a resource determining-related information part for transmitting the resource determining-related information and one or more time subunits used for transmitting one or more sidelink positioning reference signals (see paragraphs [0020, 0083]) Regarding Claim 7, Zhou in view of Lou discloses the method as discussed in the rejection of claim 3. Lou further discloses wherein bandwidth corresponding to the time subunit is greater than bandwidth corresponding to the resource determining-related information part (see paragraph [0099]). Regarding Claim 12, Zhou in view of Lou discloses the method as discussed in the rejection of claim 3. Zhou further discloses during determination of a structure for the time unit, determining, based on a position of the time subunit, that a previous symbol of the time subunit is a part used for automatic gain control (AGC) (see fig.7). Regarding Claim 14, Zhou in view of Lou discloses the method as discussed in the rejection of claim 1. Lou further discloses wherein if the first time unit or the second time unit comprises multiple time units, a same bandwidth is used for transmitting a sidelink positioning reference signal (SL-PRS) in the time units (see paragraph [0076]). Regarding Claim 15, Zhou in view of Lou discloses the method as discussed in the rejection of claim 1. Lou further discloses wherein if the first time unit or the second time unit comprises multiple time units, a same starting frequency domain position is used for transmitting an SL-PRS in the time units (see paragraphs [0094-0095]). Regarding Claim 16, Zhou in view of Lou discloses the method as discussed in the rejection of claim 1. Lou further discloses wherein if the first time unit or the second time unit comprises multiple time units, a same comb value is used for transmitting an SL-PRS in the time units (see paragraph [0122]). Regarding Claim 19, Zhou in view of Lou discloses a terminal, comprising a processor and a memory, wherein the memory stores a program or instruction capable of running on the processor, wherein the program or instruction, when executed by the processor (see fig.12 of Zhou in view of see fig.1B of Lou), causes the terminal to perform the method as discussed in the rejection of claim 1. Regarding Claim 20, the claim is directed toward embody the method of claim in a “non-transitory readable storage medium”. It would have been obvious to embody the procedures of Zhou in view of Lou discussed with respect to claim 1 in a “non-transitory readable storage medium” in order that the instructions could be automatically performed by a processor. Claims 8-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over ZHOU et al. Pub. No.: US 20240267875 (Hereinafter “Zhou”) in view of LOU et al. Pub. No.: US 20240365353 (Hereinafter “Lou”), further in view of YERRAMALLI et al. Pub. No.: US 20250294605 (Hereinafter “YERRAMALLI”). Regarding Claim 8, Zhou in view of Lou discloses the method as discussed in the rejection of claim 3. Zhou further discloses wherein one of the time subunits comprises a first part, a second part; wherein the first part is used for automatic gain control, the second part is used for transmitting a sidelink positioning reference signal (see fig.7), wherein the first part is the first symbol in the time subunit, and the second part is a consecutive symbol part from the second symbol to the penultimate symbol in the time subunit (see paragraphs [0148, 0160] ). Zhou in view of Lou fail to disclose: wherein one of the time subunits a third part; the third part comprises a gap Gap; the third part is the last symbol in the time subunit,; or, wherein one of the time subunits comprises a fourth part and a fifth part, wherein the fourth part is used for transmitting a sidelink positioning reference signal and the fifth part comprises a gap. In analogous art, YERRAMALLI teaches: wherein one of the time subunits a third part; the third part comprises a gap Gap; the third part is the last symbol in the time subunit,; or, wherein one of the time subunits comprises a fourth part and a fifth part, wherein the fourth part is used for transmitting a sidelink positioning reference signal and the fifth part comprises a gap (see figs. 10A and 10B). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhou in view of Lou with the teaching as taught by YERRAMALLI in order to provide a wireless communication that enables highly accurate 5G-based positioning. Regarding Claim 9, Zhou in view of Lou discloses the method as discussed in the rejection of claim 3. Zhou in view of Lou fail to disclose: wherein in a case that the time subunit is not the last part of a time unit containing the time subunit, the time subunit comprises a sixth part and a seventh part, wherein the sixth part is used for automatic gain control and the seventh part is used for transmitting a sidelink positioning reference signal after being scheduled. In analogous art, YERRAMALLI teaches: wherein in a case that the time subunit is not the last part of a time unit containing the time subunit, the time subunit comprises a sixth part and a seventh part, wherein the sixth part is used for automatic gain control and the seventh part is used for transmitting a sidelink positioning reference signal after being scheduled (see figs. 10A and 10B). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhou in view of Lou with the teaching as taught by YERRAMALLI in order to provide a wireless communication that enables highly accurate 5G-based positioning. Regarding Claim 10, Zhou in view of Lou and YERRAMALLI discloses the method as discussed in the rejection of claim 9. YERRAMALLI further discloses wherein the sixth part is the first symbol in the time subunit, and the seventh part is a consecutive symbol part from the second symbol to the last symbol in the time subunit; or, wherein in a case that the time subunit is the last part of a time unit containing the time subunit, the time subunit comprises an eighth part, a ninth part, and a tenth part, wherein the eighth part is used for automatic gain control, the ninth part is used for transmitting a sidelink positioning reference signal after being scheduled, and the tenth part comprises a gap (see figs. 10A and 10B). Regarding Claim 11, Zhou in view of Lou discloses the method as discussed in the rejection of claim 3. Zhou in view of Lou fail to disclose: wherein the time subunit comprises an eleventh part, and the eleventh part is used for transmitting a sidelink positioning reference signal after being scheduled; wherein in a case that the time subunit is not the last part of a time unit containing the time subunit, the time subunit comprises an eleventh part, and the eleventh part is used for transmitting a sidelink positioning reference signal after being scheduled. In analogous art, YERRAMALLI teaches: wherein the time subunit comprises an eleventh part, and the eleventh part is used for transmitting a sidelink positioning reference signal after being scheduled; wherein in a case that the time subunit is not the last part of a time unit containing the time subunit, the time subunit comprises an eleventh part, and the eleventh part is used for transmitting a sidelink positioning reference signal after being scheduled (see figs. 10A and 10B). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhou in view of Lou with the teaching as taught by YERRAMALLI in order to provide a wireless communication that enables highly accurate 5G-based positioning. Regarding Claim 13, Zhou in view of Lou and YERRAMALLI discloses the method as discussed in the rejection of claim 11. YERRAMALLI further discloses wherein a gap is the last symbol in the time unit (see figs. 10A and 10B). Allowable Subject Matter Claims 17-18 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 Alazar Tilahun whose telephone number is (571)270-5712. The examiner can normally be reached Monday -Friday, From 9:00 AM-6:00 PM. 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, Benjamin Bruckart can be reached at 571-272-3982. 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. /ALAZAR TILAHUN/ Primary Examiner Art Unit 2424 /A.T/Primary Examiner, Art Unit 2424
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Prosecution Timeline

Sep 30, 2024
Application Filed
Jul 22, 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
71%
Grant Probability
86%
With Interview (+14.6%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 674 resolved cases by this examiner. Grant probability derived from career allowance rate.

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