Prosecution Insights
Last updated: August 17, 2026
Application No. 18/921,050

USER DEVICES, WIRELESS COMMUNICATION METHODS, AND COMPUTER READABLE STORAGE MEDIUM

Non-Final OA §DP
Filed
Oct 21, 2024
Priority
Nov 02, 2018 — CN 201811301056.5 +2 more
Examiner
SHAH, SAUMIT
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
478 granted / 545 resolved
+27.7% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
16 currently pending
Career history
562
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
63.1%
+23.1% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 545 resolved cases

Office Action

§DP
DETAILED ACTION This office action is a response to the application filed on 10/21/2024, which is a continuation of application 17/288,150 filed on 4/23/2021. Application 17/288,150 is a 371 application entering national stage from PCT/CN2019/113183 filed on 10/25/2019. Acknowledgment is made of applicant's claim for foreign priority based on an application CN201811301056.5 filed on 11/2/2018. Claims 1-20 are pending. 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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 20 of U.S. Patent No. 12149368. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are obvious variations of claims of the Patent. Regarding claims 1-20, the Patent discloses as set forth below: Claims of Instant Application (18/921,050) Claims of Patent (12149368) 1. A base station comprising: processing circuitry configured to: receive a scheduling request for sidelink transmission from a user equipment, the sidelink transmission being between the user equipment and another user equipment; and determine and transmit a scheduling allocation for the sidelink transmission to the user equipment, wherein the scheduling allocation is utilized by the user equipment to determine scheduling information used for the sidelink transmission, the scheduling information includes feedback type information, and the feedback type information is selectable from: a first feedback type information representing that the other user equipment is prohibited from providing feedback information corresponding to a situation where a message is received (ACK) by the other user equipment and is required to provide the feedback information corresponding to a situation where the message is not received (NACK) by the other user equipment, or a second feedback type information representing that the other user equipment is required to provide the feedback information corresponding to the situation where the message is received (ACK) by the other user equipment and is required to provide the feedback information corresponding to the situation where the message is not received (NACK) by the other user equipment. 1. A user equipment configured to operate as a transmitting end, the user equipment comprising: processing circuitry configured to: determine feedback type information; transmit scheduling information to a receiving end equipment, the scheduling information comprising the feedback type information; transmit a message to the receiving end equipment through a sidelink; and receive feedback information from the receiving end equipment in accordance with the feedback type information, wherein the feedback type information is selectable from: a first feedback type information representing that the receiving end equipment is prohibited from providing the feedback information corresponding to a situation where the message is received (ACK) by the receiving end equipment and is required to provide the feedback information corresponding to a situation where the message is not received (NACK) by the receiving end equipment, and a second feedback type information representing that the receiving end equipment is required to provide the feedback information corresponding to the situation where the message is received (ACK) by the receiving end equipment and is required to provide the feedback information corresponding to the situation where the message is not received (NACK) by the receiving end equipment. 2. The base station according to claim 1, wherein the scheduling information includes time information representing a feedback time for the feedback information and resource information representing resources used by the feedback information. 2. The user equipment according to claim 1, wherein the scheduling information further comprises time information representing a feedback time for the feedback information and resource information representing resources used by the feedback information, and wherein the feedback information is received according to the time information and the resource information. 3. The base station according to claim 1, wherein the scheduling information includes codeblock group (CBG) information related to a CBG to which the message relates, and the feedback information is feedback information for the CBG. 3. The user equipment according to claim 1, wherein the scheduling information further comprises codeblock group (CBG) information related to a CBG to which the message relates, and wherein the feedback information is feedback information for the CBG. 4. The base station according to claim 1, wherein the scheduling information includes a partial feedback indicator representing that the other user equipment performs feedback only with respect to a receiving status of a part of the message, and the feedback information is feedback information only for the part of the message. 4. The user equipment according to claim 1, wherein the scheduling information further comprises a partial feedback indicator representing that the receiving end equipment performs feedback only with respect to a receiving status of a part of the message, and wherein the feedback information is feedback information only for the part of the message. 5. The base station according to claim 1, wherein the scheduling information includes a partial feedback indicator representing that the other user equipment performs feedback only with respect to one transport block (TB) of a plurality of TBs or one codeblock group (CBG) of a plurality of CBGs, and the feedback information is feedback information only for the one TB or the one CBG. 5. The user equipment according to claim 1, wherein the scheduling information further comprises a partial feedback indicator representing that the receiving end equipment performs feedback only with respect to one transport block (TB) of a plurality of TBs or one codeblock group (CBG) of a plurality of CBGs, and wherein the feedback information is feedback information only for the one TB or the one CBG. 6. The base station according to claim 1, wherein the scheduling information includes codebook configuration information of a codebook for the other user equipment to perform a multiplexed feedback on receiving statuses with respect to each of a plurality of transport blocks (TBs), the feedback information includes feedback information for each of the plurality of TBs. 6. The user equipment according to claim 1, wherein the scheduling information further comprises codebook configuration information of a codebook for the receiving end equipment to perform a multiplexed feedback on receiving statuses with respect to each of a plurality of transport blocks (TBs), wherein the feedback information comprises feedback information for each of the plurality of TBs. 7. The base station according to claim 1, wherein the scheduling information includes codebook configuration information of a codebook for a plurality of other user equipment to perform multiplexed feedback on a receiving status with respect to one or more transport blocks (TBs), and the feedback information includes multiplexed feedback information for the one or more transport blocks TBs of the plurality of other user equipment. 7. The user equipment according to claim 1, wherein the scheduling information further comprises codebook configuration information of a codebook for a plurality of receiving end equipment to perform multiplexed feedback on a receiving status with respect to one or more transport blocks (TBs), and wherein the feedback information comprises multiplexed feedback information for the one or more transport blocks TBs of the plurality of receiving end equipment. 8. The base station according to claim 1, wherein the scheduling information includes repeated transmission times information representing a number of times of repeated transmissions of the feedback information, and the feedback information includes feedback information that is repeated for a plurality of times corresponding to the number of times of repeated transmissions. 8. The user equipment according to claim 1, wherein the scheduling information further comprises repeated transmission times information representing a number of times of repeated transmissions of the feedback information, and wherein the feedback information comprises feedback information that is repeated for a plurality of times corresponding to the number of times of repeated transmissions. 9. The base station according to claim 1, wherein the scheduling information includes identification information for another equipment to which the other user equipment is to use as a relay for the feedback information, and the feedback information includes feedback information received from the other equipment. 9. The user equipment according to claim 1, wherein the scheduling information further comprises identification information for another equipment to which the receiving end equipment is to use as a relay for the feedback information, and wherein the feedback information comprises feedback information received from the other equipment. 10. The base station according to claim 1, wherein the scheduling information includes Hybrid Automatic Repeat Request (HARQ) indication information indicating whether current scheduling supports a HARQ protocol. 10. The user equipment according to claim 1, wherein the scheduling information further comprises Hybrid Automatic Repeat Request (HARQ) indication information indicating whether current scheduling supports a HARQ protocol. 11. A communication method performed by a base station, the method comprising: receiving a scheduling request for sidelink transmission from a user equipment, the sidelink transmission being between the user equipment and another user equipment; and determining and transmitting a scheduling allocation for the sidelink transmission to the user equipment, wherein the scheduling allocation is utilized by the user equipment to determine scheduling information used for the sidelink transmission, the scheduling information includes feedback type information, and the feedback type information is selectable from: a first feedback type information representing that the other user equipment is prohibited from providing feedback information corresponding to a situation where a message is received (ACK) by the other user equipment and is required to provide the feedback information corresponding to a situation where the message is not received (NACK) by the other user equipment, or a second feedback type information representing that the other user equipment is required to provide the feedback information corresponding to the situation where the message is received (ACK) by the other user equipment and is required to provide the feedback information corresponding to the situation where the message is not received (NACK) by the other user equipment. 20. A wireless communication method performed by a user equipment configured to operate as a transmitting end, the method comprising: determining feedback type information; transmitting scheduling information to a receiving end equipment, the scheduling information comprising the feedback type information; transmitting a message to the receiving end equipment through a sidelink; and receiving feedback information from the receiving end equipment in accordance with the feedback type information, wherein the feedback type information is selectable from: a first feedback type information representing that the receiving end equipment is prohibited from providing the feedback information corresponding to a situation where the message is received (ACK) by the receiving end equipment and is required to provide the feedback information corresponding to a situation where the message is not received (NACK) by the receiving end equipment, and a second feedback type information representing that the receiving end equipment is required to provide the feedback information corresponding to the situation where the message is received (ACK) by the receiving end equipment and is required to provide the feedback information corresponding to the situation where the message is not received (NACK) by the receiving end equipment. 12. The method according to claim 11, wherein the scheduling information includes time information representing a feedback time for the feedback information and resource information representing resources used by the feedback information. Variation of claim 2 13. The method according to claim 11, wherein the scheduling information includes codeblock group (CBG) information related to a CBG, and the feedback information is feedback information for the CBG to which the message relates. Variation of claim 3 14. The method according to claim 11, wherein the scheduling information includes a partial feedback indicator representing that the other user equipment performs feedback only with respect to a receiving status of a part of the message, and the feedback information is feedback information only for the part of the message. Variation of claim 4 15. The method according to claim 11, wherein the scheduling information includes a partial feedback indicator representing that the other user equipment performs feedback only with respect to one transport block (TB) of a plurality of TBs or one codeblock group (CBG) of a plurality of CBGs, and the feedback information is feedback information only for the one TB or the one CBG. Variation of claim 5 16. The method according to claim 11, wherein the scheduling information includes codebook configuration information of a codebook for the other user equipment to perform a multiplexed feedback on receiving statuses with respect to each of a plurality of transport blocks (TBs), the feedback information includes feedback information for each of the plurality of TBs. Variation of claim 6 17. The method according to claim 11, wherein the scheduling information includes codebook configuration information of a codebook for a plurality of other user equipment to perform multiplexed feedback on a receiving status with respect to one or more transport blocks (TBs), and the feedback information includes multiplexed feedback information for the one or more transport blocks TBs of the plurality of other user equipment. Variation of claim 7 18. The method according to claim 11, wherein the scheduling information includes repeated transmission times information representing a number of times of repeated transmissions of the feedback information, and the feedback information includes feedback information that is repeated for a plurality of times corresponding to the number of times of repeated transmissions. Variation of claim 8 19. The method according to claim 11, wherein the scheduling information includes identification information for another equipment to which the other user equipment is to use as a relay for the feedback information, and the feedback information includes feedback information received from the other equipment. Variation of claim 9 20. The method according to claim 11, wherein the scheduling information includes Hybrid Automatic Repeat Request (HARQ) indication information indicating whether current scheduling supports a HARQ protocol. Variation of claim 10 Regarding claim 1, in view of the above, it is clear that the conflicting claims are not patentably distinct from each other. Claim 1 of the instant application includes the features of a base station receiving a scheduling request for sidelink (SL) transmission, determining a scheduling allocation for determining scheduling information including feedback type information for the SL transmission; and the feedback type information being selectable from a first feedback type indicating that the other UE is prohibited from providing feedback information where a message is received (ACK) by the other UE and is required to provide the feedback information where the message is not received (NACK) by the other UE; or a second feedback type indicating that the other UE is required to provide the feedback information where the message is received (ACK) by the other UE and is required to provide the feedback information where the message is not received (NACK) by the other UE. These features are similar to the Patent claim 1 features of determining feedback type information, transmitting scheduling information comprising the feedback type information through a sidelink, where the feedback type information is selectable from a first feedback type indicating that the receiving UE is prohibited from providing feedback information where a message is received (ACK) by the receiving UE and is required to provide the feedback information where the message is not received (NACK) by the receiving UE; and a second feedback type indicating that the receiving UE is required to provide the feedback information where the message is received (ACK) by the receiving UE and is required to provide the feedback information where the message is not received (NACK) by the receiving UE. The instant application claim 1 is related to a base station and the Patent claim 1 is related to a UE. Therefore, the instant application claim 1 is an obvious variation of claim 1 of the Patent and is not patentably distinct from claim 1 of the Patent. Independent claims 11 is related to a communication method performed by a base station, with same features as claim 1. Therefore, claim 11 is not patentably distinct from claim 20 of the Patent (see table above) for the same reasons mentioned above for claim 1. Similarly, dependent claims 2-10 and 12-20 are not patentably distinct from claims 2-10 of the Patent (see table above). Allowable Subject Matter Claims 1-20 are allowed over prior art. Claims 1, 22 and their dependent thereof are allowable because the closest prior art, either alone or in combination, fails to anticipate or render obvious the features of the feedback type information is selectable from: a first feedback type information representing that the other user equipment is prohibited from providing feedback information corresponding to a situation where a message is received (ACK) by the other user equipment and is required to provide the feedback information corresponding to a situation where the message is not received (NACK) by the other user equipment, or a second feedback type information representing that the other user equipment is required to provide the feedback information corresponding to the situation where the message is received (ACK) by the other user equipment and is required to provide the feedback information corresponding to the situation where the message is not received (NACK) by the other user equipment; in combination with all other limitations in the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAUMIT SHAH whose telephone number is (571)272-6959. The examiner can normally be reached Monday - Friday 9 am - 6 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, EDAN ORGAD can be reached at (571) 272-7884. 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. /SAUMIT SHAH/Primary Examiner, Art Unit 2414
Read full office action

Prosecution Timeline

Oct 21, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12684622
Multi-User Request-to-Send and Clear-to-Send Framework
2y 3m to grant Granted Jul 14, 2026
Patent 12677282
PHYSICAL UPLINK CONTROL CHANNEL COMMUNICATION FOR CARRIER AGGREGATION
4y 5m to grant Granted Jul 07, 2026
Patent 12676721
INFORMATION TRANSMISSION METHOD AND APPARATUS, COMMUNICATION DEVICE AND STORAGE MEDIUM
3y 6m to grant Granted Jul 07, 2026
Patent 12671543
METHOD AND DEVICE FOR SOUNDING REFERENCE SIGNAL INDICATION ENHANCEMENT
3y 11m to grant Granted Jun 30, 2026
Patent 12672083
METHOD AND DEVICE FOR UPLINK TRANSMISSION AND RECEPTION IN WIRELESS COMMUNICATION SYSTEM
2y 11m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+10.5%)
2y 4m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 545 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month