Prosecution Insights
Last updated: October 01, 2026
Application No. 18/948,221

Intra- and Inter-RAT Co-Existence and Congestion Control for LTE PC5-Based Vehicle-to-Vehicle (V2V) Communication

Non-Final OA §DP
Filed
Nov 14, 2024
Priority
Sep 30, 2016 — provisional 62/402,507 +5 more
Examiner
SAMARA, LOUIS
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
243 granted / 257 resolved
+36.6% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
276
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
66.7%
+26.7% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 257 resolved cases

Office Action

§DP
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/26/2024; the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 claim31-50 of U.S. Patent No. 12193059. Although the claims at issue are not identical, they are not patentably distinct from each other because perform measurements of parameters and used the results to adjust the transmission parameters for the sidelink communication adding new degrees of specificity from the broader device-to-device notation used in the parent. Instant Applicant 18948221 Parent 18541248, US PAT.12193059 Regarding claim 1. A method for communication, the method comprising: receiving, from a base station, an indication of at least one sub-channel and resource pool for a user equipment device (UE) to use for communication with other UEs and not for transmissions to the base station, wherein the resource pool is disposed in a physical sidelink channel; measuring at least one metric associated with the resource pool; and adjusting, based on the measurement of the at least one metric, at least one transmission parameter for a sidelink communication. Claim 31. A method for device-to-device (D2D) communication, the method comprising: receiving, from a base station, an indication of at least one sub-channel and resource pools pool for a user equipment device (UE) to use for communication with other UEs and not for transmissions to the base station, wherein the resource pools are pool is disposed in a physical sidelink channel; and receiving, from the base station, an indication of at least one metric for measurement of D2D transmissions, on the at least one sub-channel and the resource pool, for adjustment of at least one transmissionparameter Regarding claim 2. The method of claim 1, wherein the at least one sub-channel is allocated to sidelink communication. Claim 32. The method of claim 31, wherein the at least one sub-channel is allocated to D2D communication. Regarding claim 3. The method of claim 1, wherein the indication is in response to measurement of the at least one metric by the UE. Claim 33. The method of claim 31, wherein the indication of the at least one metric for measurement of D2D transmissions for adjustment of transmission parameters is in response to measurement of the at least one metric by the UE. Regarding claim 4. The method of claim 1, further comprising: receiving transmission parameters for sidelink communication. Claim 34. The method of claim 31, further comprising: receiving transmission parameters for D2D communication. Regarding claim 5. The method of claim 4, wherein the transmission parameters are defined per resource pool. Claim 35. The method of claim 34, wherein the transmission parameters are defined per resource pool. Regarding claim 6. The method of claim 4, wherein the transmission parameters are defined per transmission priority level. Claim 36. The method of claim 34, wherein the transmission parameters are defined per transmission priority level. Regarding claim 7. The method of claim 1, wherein the physical sidelink channel comprises at least one of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH). Claim 37. The method of claim 31, wherein the physical sidelink channel comprises at least one of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH). Regarding claim 8. A user equipment device (UE), comprising: Radio Frequency (RF) circuitry; and baseband circuitry in communication with the RF circuitry and configured to cause the UE to perform operations, the operations comprising: receiving, from a base station, an indication of at least one sub-channel and resource pool for a user equipment device (UE) to use for communication with other UEs and not for transmissions to the base station, wherein the resource pool is disposed in a physical sidelink channel; measuring at least one metric associated with the resource pool; and adjusting, based on the measurement of the at least one metric, at least one transmission parameter for a sidelink communication. Claim 38. A user equipment device (UE), comprising: Radio Frequency (RF) circuitry; and baseband circuitry in communication with the RF circuitry and configured to cause the UE to perform operations, the operations comprising: receiving, from a base station, an indication of at least one sub-channel and resource pools pool for the UEa user equipment device (UE) to use for communication with other UEs and not for transmissions to the base station, wherein the resource pools are pool is disposed in a physical sidelink channel; and receiving, from the base station, an indication of at least one metric for measurement of D2D transmissions, on the at least one sub-channel and the resource pool, for adjustment of at least one transmission parameter Regarding claim 9. The UE of claim 8, wherein the at least one sub-channel is allocated to sidelink communication. Claim 39. The UE of claim 38, wherein the at least one sub-channel is allocated to D2D communication. Regarding claim 10. The UE of claim 8, wherein the indication is in response to measurement of the at least one metric by the UE. Claim 40. The UE of claim 38, wherein the indication of the at least one metric for measurement of D2D transmissions for adjustment of transmission parameters is in response to measurement of the at least one metric by the UE. Regarding claim 11. The UE of claim 8, the operations further comprising: receiving transmission parameters for sidelink communication. Claim 41. The UE of claim 38, the operations further comprising: receiving transmission parameters for D2D communication Regarding claim 12. The UE of claim 11, wherein the transmission parameters are defined per resource pool. Claim 42. The UE of claim [[38]] 41, the operations further comprising: receiving transmission parameters for D2D communication, wherein the transmission parameters are defined per resource pool. Regarding claim 13. The UE of claim 11, wherein the transmission parameters are defined per transmission priority level. Claim 43. The UE of claim 38, the operations further comprising: receiving transmission parameters for D2D communication, wherein the transmission parameters are defined per transmission priority level. Regarding claim 14. The UE of claim 8, wherein the physical sidelink channel comprises at least one of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH). Claim 44. The UE of The UE of wherein the physical sidelink channel comprises at least one of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH). Regarding claim 15. A baseband processor configured to perform operations, the operations comprising: receiving, from a base station, an indication of at least one sub-channel and resource pool for a user equipment device (UE) to use for communication with other UEs and not for transmissions to the base station, wherein the resource pool is disposed in a physical sidelink channel; measuring at least one metric associated with the resource pool; and adjusting, based on the measurement of the at least one metric, at least one transmission parameter for a sidelink communication. Claim 45. A baseband processor configured to perform operations, the operations comprising: receiving, from a base station, an indication of at least one sub-channel and resource pools pool for a user equipment device (UE) to use for communication with other UEs and not for transmissions to the base station, wherein the resource pools are pool is disposed in a physical sidelink channel; and receiving, from the base station, an indication of at least one metric for measurement of D2D transmissions, on the at least one sub-channel and the resource pool, for adjustment of at least one transmission parameter Regarding claim 16. The baseband processor of claim 15, wherein the at least one sub-channel is allocated to sidelink communication. Claim 46. The baseband processor of claim 45, wherein the at least one sub-channel is allocated to D2D communication. 17. The baseband processor of claim 15, wherein the indication is in response to measurement of the at least one metric by the UE. Claim 47. The baseband processor of claim 45, the operations further comprising: receiving transmission parameters for D2D communication Regarding claim 18. The baseband processor of claim 15, the operations further comprising: receiving transmission parameters for sidelink communication. Claim 48. The baseband processor of The baseband processor of wherein the transmission parameters are defined per resource pool. Regarding claim 19. The baseband processor of claim 18, wherein the transmission parameters are defined per resource pool. Claim 49. The baseband processor of The baseband processor of wherein the transmission parameters are defined per transmission priority level. Regarding claim 20. The baseband processor of claim 15, wherein the physical sidelink channel comprises at least one of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH). Claim 50. The baseband processor of The baseband processor of wherein the physical sidelink channel comprises at least one of a physical sidelink control channel (PSCCH) or a physical sidelink shared channel (PSSCH) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO form PTO-892: US-20190116586-A1 to Mallick discloses the inter/intra RAT operation for LTE PC5 V2V, US-20150223217-A1 to Chen discloses processing of resource pool allocation, andUS-20180115970-A1 to Chae.. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS SAMARA whose telephone number is (408)918-7582. The examiner can normally be reached Monday - Friday 6-3 PT. 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, Ayaz Sheikh can be reached at 571-272-3795. 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. /L.S./Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Nov 14, 2024
Application Filed
Sep 14, 2026
Non-Final Rejection mailed — §DP (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
95%
Grant Probability
99%
With Interview (+6.7%)
2y 5m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 257 resolved cases by this examiner. Grant probability derived from career allowance rate.

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