Prosecution Insights
Last updated: April 18, 2026
Application No. 17/996,584

CHANNEL OCCUPANCY TIME SHARING BASED ON RECEIVED SIGNAL STRENGTH

Final Rejection §103
Filed
Oct 19, 2022
Examiner
CHAKRAVARTHY, LATHA
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
4 (Final)
31%
Grant Probability
At Risk
5-6
OA Rounds
3y 5m
To Grant
88%
With Interview

Examiner Intelligence

Grants only 31% of cases
31%
Career Allow Rate
8 granted / 26 resolved
-27.2% vs TC avg
Strong +57% interview lift
Without
With
+57.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
40 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§103
65.4%
+25.4% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 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 . Status of the Claims The office action is in response to the claim amendments and remarks filed on March 16, 2026 for the application filed October 19, 2022. Claims 1, 10, 19, and 28 have been amended. Claims 1-5, 7-14, 16-23, 25-30 are currently pending. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-5, 9-14, 18-23, 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Kusashima et al. (US2023/0300809A1) in view of Kim et al. (US2020/0044814A1), and Panteleev et al. (US2019/0150157A1). Regarding claim 1, Kusashima teaches a method for wireless communications performed by a first user equipment (UE), comprising: receiving a first transmission from a second UE, the first transmission indicating the second UE has acquired a frequency band for a channel occupancy time (COT) (Paragraph [0064]: In this embodiment, first, the terminal device 200 acquires an access right by performing channel access using random back-off. Thereafter, the terminal device 200 transmits information, which indicates the radio resource available to another communication device among the radio resources of which the access rights are acquired, on the uplink or the sidelink. Accordingly, the another communication device that receive such information can perform communication by sharing the access right acquired by the terminal device 200 without acquiring an access right by itself. Specifically, the another communication device performs communication by performing channel access without using random back-off in the radio resource related to the access right acquired by the terminal device 200. Paragraph [0142]: Among the radio resources of which the access rights are acquired by the first terminal device 200, the radio resource available to the shared communication device is also referred to as a sharable resource below. The sharable resource may be regarded as a radio resource of which the access right is acquired by the first terminal device 200 or may be regarded as a radio resource not used by the first terminal device 200 among the radio resources of which the access rights are acquired by the first terminal device 200. Focusing on the time resource, the sharable resource may be regarded as a COT, or may be regarded as a section of the COT that is not used by the first terminal device 200. Paragraph [0198]: The access rights may be shared directly. In that case, the first terminal device 200 transmits the sharable resource information to the second terminal device 200. Typically, the first terminal device 200 may transmit the sharable resource information to the second terminal device 200 on the sidelink. For example, the first terminal device 200 may transmit a reference signal for measuring interference between terminal devices while including sharable resource information. Thereafter, as described in section 3.2 (2), the second terminal device 200 transmits a signal on the basis of the received sharable resource information by using the sharable resources.) transmitting a signal within the frequency band during the COT when the signal strength of the first transmission, is greater than at least one threshold (Paragraph [0143]: In a case where receiving the sharable resource information, the shared communication device transmits a signal on the basis of the received sharable resource information by using the sharable resource. Here, the sharable resource information is information indicating a resource available to another communication device other than the first terminal device 200 among radio resources of which the access rights are acquired by the first terminal device 200 by performing carrier sense. Paragraph [0198]: For example, the first terminal device 200 may transmit a reference signal for measuring interference between terminal devices while including sharable resource information. Paragraph [0201]: The second terminal device 200 can recognize the remaining time of the COT on the basis of the sharable resource information transmitted by the sidelink. That is, the second terminal device 200 recognizes that the radio resources from the third time resource to the end timing of the COT can be used. Accordingly, as illustrated in FIG. 9, the second terminal device 200 can transmit the uplink signal by using the sharable resource. At this time, similarly to the first terminal device 200, the second terminal device 200 transmits the sharable resource information on the uplink. Paragraph [0203]: In a case where the degree of similarity of the communication environment with the first terminal device 200 exceeds a predetermined value, the second terminal device 200 (for example, the communication processing unit 243) transmits a signal on the basis of the sharable resource information by using the sharable resource. This is because it is considered that the higher the degree of similarity of the communication environment between the first terminal device 200 and the second, the more similar the carrier sense results. In other words, the higher the degree of similarity in the communication environment between the first terminal device 200 and the second terminal device 200, the higher the possibility that the signal transmitted on the basis of the access right has the same effect on the surroundings. By operating the terminal device 200 that satisfies this condition as the second terminal device 200, it is possible to prevent that unexpected interference is be given to surroundings when the second terminal device 200 transmits a signal by using the sharable resource. Paragraph [0204]: The degree of similarity in the communication environment may be determined on the basis of the information indicating the distance between the terminal devices 200. For example, whether or not the degree of similarity of the communication environment exceeds a predetermined value can be determined on the basis of whether or not the path loss between the terminal devices 200 or the geographic distance between the terminal devices 200 is equal to or less than a predetermined value. Paragraph [0205]: FIG. 10 is a diagram for describing sharing of the access right by the second terminal device 200 according to this embodiment. As illustrated in FIG. 10 , terminal devices 200A, 200B, and 200C are located in cell 11 operated by the base station device 100, and each device is communicating with the base station device 100. There is a large possibility that the influence on the surroundings is similarly given between the terminal devices 200 with close transmission points. Therefore, it is desirable that a plurality of terminal devices 200 with close transmission points shares the access right. In the example illustrated in FIG. 10 , it is assumed that the terminal device 200A functions as the first terminal device 200 and acquires the access right. The terminal device 200A can detect the signal transmitted from the communication device located within a carrier sense range 12 by carrier sense. Incidentally, the carrier sense range 12 is a range capable of giving an influence (that is, interference) when the terminal device 200A transmits a signal, and is expanded/contracted according to transmission power assumed to be used when the terminal device 200A transmits a signal. The terminal device 200B is located within the carrier sense range 12, and thus the influence on the surroundings is likely to be the same as that of the terminal device 200A. Therefore, it is desirable that the terminal device 200B functions as the second terminal device 200 and shares the access right acquired by the terminal device 200A. On the other hand, the terminal device 200C is located outside the carrier sense range 12, and thus the influence on the surroundings is likely to be different from that of the terminal device 200A. Therefore, it is desirable that the terminal device 200C does not share the access right acquired by the terminal device 200A. Paragraph [0206]: The degree of similarity in the communication environment may be determined on the basis of the information on the interference situation. For example, whether or not the degree of similarity in the communication environment exceeds a predetermined value can be determined on the basis of whether or not a difference in a received signal strength indicator (RSSI) or the degree of channel congestion between the terminal devices 200 is equal to or smaller than a predetermined value. Paragraph [0207]: For example, whether or not the degree of similarity in the communication environment exceeds a predetermined value can be determined on the basis of whether or not a difference in the direction of the transmission destination or the direction of the beam between the terminal devices 200 is equal to or smaller than a predetermined value. Paragraph [0213]: For example, the sharable resource information may include the information indicating the geographical position or transmission power of the first terminal device 200. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information indicating the distance between the terminal devices 200. Paragraph [0214]: For example, the sharable resource information may include information indicating the RSSI of the first terminal device 200 or the degree of channel congestion. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information on the interference situation.) Kusashima does not explicitly teach measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold of a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Kim teaches measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold (Paragraph [0103]: That is, it is assumed that when a signal associated with transmission A with a long TTI is received, there are transmission B and transmission C, each of which has a short TTI and is FDM therewith. Paragraph [0105]: According to the present disclosure…. the UE checks the strength of a signal (e.g., reference signal received power (RSRP) or a received signal strength indicator (RSSI)) in a time interval occupied by the long TTI transmission while performing sensing operation. The signal strength, RSRP, or RSSI may be measured by sensing, fed back by a receiving UE. Paragraph [0111]: After measuring the signal strength/RSRP/RSSI by performing the sensing operation during resource selection, the Rel-15 LTE V2X UE checks whether a difference between the signal strength/RSRP/RSSI and the transmission power of the Rel-15 LTE V2X UE is equal to or more than a predetermined threshold. If the difference is equal to or more than the predetermined threshold, the UE does not perform the short TTI transmission through FDM. Also see Abstract, Figure 12) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for the FDM transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111], [0113]). The combination of Kusashima and Kim does not explicitly teach a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Panteleev teaches a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold (Paragraph [0051]: As a special case, a UE may use the discussed metrics to switch between different control and data multiplexing modes: Time Domain Multiplexing (TDM) and Frequency Domain same-subframe multiplexing (FDM SSF) of control (SCI or SA or PSCCH) and data (PSSCH) from a transmitter perspective. Paragraph [0053]: FIG. 2 depicts functionality of a vehicle to vehicle communication system's decision making process for multiplexing selection. In addition FIG. 2 displays a threshold approach with an example rule for multiplexing selection. Paragraph [0054]: In one embodiment, each time when a V2V UE utilizes a sensing procedure, the V2V UE can calculate the congestion level indication according to which the V2V UE can choose the multiplexing option for SA and data transmissions (see FIG. 2). Paragraph [0055]: In other words, when moving from low CLI values, the TDM-FDM threshold value (NTDM-FDM _ THR) (as shown on the FIG. 2) can be used for switching to FDM and when moving from high CLI values, the NFDM-TDM _ THR threshold can be evaluated for switching to TDM.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold, as taught by Panteleev in the combined system of Kusashima and Kim, so that the UE can use the threshold approach to switch between TDM mode and FDM mode (Panteleev: Paragraphs [0051]-[0055]). Regarding claim 2, the combination of Kusashima, Kim, and Penteleev teaches the method of claim 1 (see rejection for claim 1); Kusashima further teaches wherein the signal strength of the first transmission comprises a received signal strength indicator (RSSI) of the first transmission (Paragraph [0198]: The access rights may be shared directly. In that case, the first terminal device 200 transmits the sharable resource information to the second terminal device 200. Typically, the first terminal device 200 may transmit the sharable resource information to the second terminal device 200 on the sidelink. For example, the first terminal device 200 may transmit a reference signal for measuring interference between terminal devices while including sharable resource information. Paragraph [0206]: The degree of similarity in the communication environment may be determined on the basis of the information on the interference situation. For example, whether or not the degree of similarity in the communication environment exceeds a predetermined value can be determined on the basis of whether or not a difference in a received signal strength indicator (RSSI) or the degree of channel congestion between the terminal devices 200 is equal to or smaller than a predetermined value. Paragraph [0213]: For example, the sharable resource information may include the information indicating the geographical position or transmission power of the first terminal device 200. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information indicating the distance between the terminal devices 200. Paragraph [0214]: For example, the sharable resource information may include information indicating the RSSI of the first terminal device 200 or the degree of channel congestion. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information on the interference situation.) Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (Paragraph [0103]: That is, it is assumed that when a signal associated with transmission A with a long TTI is received, there are transmission B and transmission C, each of which has a short TTI and is FDM therewith. Paragraph [0105]: According to the present disclosure…. the UE checks the strength of a signal (e.g., reference signal received power (RSRP) or a received signal strength indicator (RSSI)) in a time interval occupied by the long TTI transmission while performing sensing operation. The signal strength, RSRP, or RSSI may be measured by sensing, fed back by a receiving UE. Paragraph [0111]: After measuring the signal strength/RSRP/RSSI by performing the sensing operation during resource selection, the Rel-15 LTE V2X UE checks whether a difference between the signal strength/RSRP/RSSI and the transmission power of the Rel-15 LTE V2X UE is equal to or more than a predetermined threshold.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Regarding claim 3, the combination of Kusashima, Kim, and Panteleev teaches the method of claim 1 (see rejection for claim 1); Kusashima furter teaches wherein the signal strength of the first transmission comprises a reference signal received power (RSRP) of the first transmission (Paragraph [0213]: For example, the sharable resource information may include the information indicating the geographical position or transmission power of the first terminal device 200. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information indicating the distance between the terminal devices 200. Paragraph [0214]: For example, the sharable resource information may include information indicating the RSSI of the first terminal device 200 or the degree of channel congestion. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information on the interference situation.) Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (Paragraph [0103]: That is, it is assumed that when a signal associated with transmission A with a long TTI is received, there are transmission B and transmission C, each of which has a short TTI and is FDM therewith. Paragraph [0105]: According to the present disclosure…. the UE checks the strength of a signal (e.g., reference signal received power (RSRP) or a received signal strength indicator (RSSI)) in a time interval occupied by the long TTI transmission while performing sensing operation. The signal strength, RSRP, or RSSI may be measured by sensing, fed back by a receiving UE. Paragraph [0111]: After measuring the signal strength/RSRP/RSSI by performing the sensing operation during resource selection, the Rel-15 LTE V2X UE checks whether a difference between the signal strength/RSRP/RSSI and the transmission power of the Rel-15 LTE V2X UE is equal to or more than a predetermined threshold.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Regarding claim 4, the combination of Kusashima, Kim, and Panteleev teaches the method of claim 1 (see rejection for claim 1); Kusashima further teaches wherein transmitting the signal comprises: transmitting the signal in a first sub-channel of the frequency band; and refraining from transmitting in a second sub-channel of the frequency band based on control information indicated in the first transmission and the signal strength of the first transmission as received by the first UE (Paragraph [0157]: For example, the sharable resource information may include information indicating a radio resource of which the access right is acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource of which the access right is acquired by the first terminal device 200 and information indicating the time. Accordingly, the shared communication device can recognize the radio resource of which the access right is acquired by the first terminal device 200. Paragraph [0165]: For example, the sharable resource information may include information indicating the radio resource to be used by the first terminal device 200 (hereinafter, also referred to as a radio resource to be used) among the radio resources of which the access rights are acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource to be used by the first terminal device 200 among the radio resources of which the access rights are acquired by the first terminal device 200 and information indicating the time. With reference to this information, the shared communication device can recognize a radio resource not to be used by the first terminal device 200. Therefore, the shared communication device can efficiently access the sharable resources, for example, by accessing the radio resource not to be used by the first terminal device 200. Paragraph [0167]: Then, when the use of the channel by the first terminal device 200 ends, the shared communication device detects an empty channel and starts using the sharable resource.) Regarding claim 5, the combination of Kusashima, Kim, and Panteleev teaches the method of claim 1 (see rejection for claim 1); Kusashima further teaches wherein transmitting the signal comprises: transmitting the signal in a sub-channel of the frequency band at a first time; and refraining from transmitting at a second time based on control information indicated in the first transmission and the signal strength of the first transmission as received by the first UE (Paragraph [0165]: In this case, the sharable resource information includes information indicating the frequency of the radio resource to be used by the first terminal device 200 among the radio resources of which the access rights are acquired by the first terminal device 200 and information indicating the time. With reference to this information, the shared communication device can recognize a radio resource not to be used by the first terminal device 200. Therefore, the shared communication device can efficiently access the sharable resources, for example, by accessing the radio resource not to be used by the first terminal device 200. Paragraph [0166]: Attention is given to time information in the information indicating the radio resources to be used. The information indicating the time of the radio resource to be used includes information indicating the start timing, the end timing, and/or the length of the time resource to be used. Paragraph [0171]: In this case, it is desirable that the sharable resource information includes at least information indicating the end timing of the COT and information indicating the end timing of the radio resource to be used. Accordingly, the shared communication device can recognize the radio resources from the end timing of the radio resource to be used to the end timing of the COT as the sharable resource. Paragraph [0201]: The second terminal device 200 recognizes an empty channel by carrier sense without using random back-off in the third time resource. That is, the second terminal device 200 recognizes that the radio resources from the third time resource to the end timing of the COT can be used. Accordingly, as illustrated in FIG. 9, the second terminal device 200 can transmit the uplink signal by using the sharable resource. At this time, similarly to the first terminal device 200, the second terminal device 200 transmits the sharable resource information on the uplink.) Regarding claim 9, the combination of Kusashima, Kim, and Panteleev teaches the method of claim 1 (see rejection for claim 1); Kusashima further teaches wherein transmitting the signal comprises transmitting the signal in a first sub-channel of the frequency band and refraining from transmitting in a second sub-channel of the frequency band (Paragraph [0157]: For example, the sharable resource information may include information indicating a radio resource of which the access right is acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource of which the access right is acquired by the first terminal device 200 and information indicating the time. Accordingly, the shared communication device can recognize the radio resource of which the access right is acquired by the first terminal device 200. Paragraph [0165]: For example, the sharable resource information may include information indicating the radio resource to be used by the first terminal device 200 (hereinafter, also referred to as a radio resource to be used) among the radio resources of which the access rights are acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource to be used by the first terminal device 200 among the radio resources of which the access rights are acquired by the first terminal device 200 and information indicating the time. With reference to this information, the shared communication device can recognize a radio resource not to be used by the first terminal device 200. Therefore, the shared communication device can efficiently access the sharable resources, for example, by accessing the radio resource not to be used by the first terminal device 200. Paragraph [0167]: Then, when the use of the channel by the first terminal device 200 ends, the shared communication device detects an empty channel and starts using the sharable resource.) Regarding claim 10, Kusashima teaches a first user equipment (UE), comprising: one or more memories; and one or more processors coupled to the one or more memories, and configured to cause the first UE to (Paragraph [0268]: The processor 901 may be, for example, a CPU or a system on chip (SoC), and controls the functions of an application layer and other layers of the smartphone 900. The memory 902 includes a RAM and a ROM, and stores a program executed by the processor 901 and data.) receive a first transmission from a second UE, wherein the first transmission indicates that the second UE has acquired a frequency band for a channel occupancy time (COT); and transmit a signal within the frequency band during the COT when the signal strength of the first transmission is greater than at least one threshold (see rejection for claim 1). Kusashima does not explicitly teach to measure a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold of a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Kim teaches to measure a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold (see rejection for claim 1); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to measure a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for the FDM transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111], [0113]). The combination of Kusashima and Kim does not explicitly teach a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Panteleev teaches a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold (see rejection for claim 1); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold, as taught by Panteleev in the combined system of Kusashima and Kim, so that the UE can use the threshold approach to switch between TDM mode and FDM mode (Panteleev: Paragraphs [0051]-[0055]). Regarding claim 11, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 10 (see rejection for claim 10); Kusashima further teaches wherein the signal strength of the first transmission comprises a received signal strength indicator (RSSI) of the first transmission (see rejection for claim 2). Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (see rejection for claim 2); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Regarding claim 12, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 10 (see rejection for claim 10); Kusashima further teaches wherein the signal strength of the first transmission comprises a reference signal received power (RSRP) of the first transmission (see rejection for claim 3). Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (see rejection for claim 3); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Regarding claim 13, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 10 wherein, to transmit the signal, the one or more processors are configured to cause the first UE to (see rejection for claim 10); Kusashima further teaches to transmit the signal in a first sub-channel of the frequency band; and refrain from transmitting in a second sub-channel of the frequency band based on control information indicated in the first transmission and the signal strength of the first transmission as received by the first UE (see rejection for claim 4). Regarding claim 14, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 10, wherein, to transmit the signal, the one or more processors are configured to cause the first UE to (see rejection for claim 10); Kusashima further teaches to transmit the signal in a sub-channel of the frequency band at a first time; and refrain from transmitting at a second time based on control information indicated in the first transmission and the signal strength of the first transmission as received by the first UE (see rejection for claim 5). Regarding claim 18, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 10, wherein to transmit the signal, the one or more processors are configured to cause the first UE to (see rejection for claim 10); Kusashima further teaches to transmit the signal in a first sub-channel of the frequency band and refrain from transmitting in a second sub-channel of the frequency band (see rejection for claim 9). Regarding claim 19, Kusashima teaches a first user equipment (UE), comprising: means for receiving a first transmission from a second UE, the first transmission indicating the second UE has acquired a frequency band for a channel occupancy time (COT); means for transmitting a signal within the frequency band during the COT when the signal strength of the first transmission is greater than at least one threshold (see rejection for claim 1). Kusashima does not explicitly teach means for measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold of a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Kim teaches means for measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold (see rejection for claim 1); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide means for measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for the FDM transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111], [0113]). The combination of Kusashima and Kim does not explicitly teach a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Panteleev teaches a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold (see rejection for claim 1); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold, as taught by Panteleev in the combined system of Kusashima and Kim, so that the UE can use the threshold approach to switch between TDM mode and FDM mode (Panteleev: Paragraphs [0051]-[0055]). Regarding claim 20, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 19 (see rejection for claim 19); Kusashima further teaches wherein the signal strength of the first transmission comprises a received signal strength indicator (RSSI) of the first transmission (see rejection for claim 2); Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (see rejection for claim 2); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Regarding claim 21, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 19 (see rejection for claim 19); Kusashima further teaches wherein the signal strength of the first transmission comprises a reference signal received power (RSRP) of the first transmission (see rejection for claim 3); Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (see rejection for claim 3); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Regarding claim 22, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 19 (see rejection for claim 19); Kusashima further teaches wherein the means for transmitting the signal further comprises: means for transmitting the signal in a first sub-channel of the frequency band; and means for refraining from transmitting in a second sub-channel of the frequency band based on control information indicated in the first transmission and the signal strength of the first transmission as received by the first UE (see rejection for claim 4). Regarding claim 23, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 19 (see rejection for claim 19); Kusashima further teaches wherein the means for transmitting the signal further comprises: means for transmitting the signal in a sub-channel of the frequency band at a first time; and means for refraining from transmitting at a second time based on control information indicated in the first transmission and the signal strength of the first transmission as received by the first UE (see rejection for claim 5). Regarding claim 27, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 19 (see rejection for claim 19); Kusashima further teaches wherein the means for transmitting the signal further comprises means for transmitting the signal in a first sub-channel of the frequency band and means for refraining from transmitting in a second sub-channel of the frequency band (see rejection for claim 9). Regarding claim 28, Kusashima teaches a non-transitory computer-readable storage medium having instructions stored thereon, that when executed by a first user equipment (UE), cause the first UE to perform operations comprising (Claim 7: A non-transitory computer-readable medium having stored thereon, computer-executable instructions which, when executed by a control circuitry of a user equipment, cause the control circuitry to execute operations, the operations comprising); receiving a first transmission from a second UE, wherein the first transmission indicates that the second UE has acquired a frequency band for a channel occupancy time (COT); and transmitting a signal within the frequency band during the COT when the signal strength of the first transmission is greater than at least one threshold (see rejection for claim 1). Kusashima does not explicitly teach measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold of a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Kim teaches measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold (see rejection for claim 1); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide measuring a signal strength of the first transmission received from the second UE; the measured signal strength of the first transmission is greater than at least one threshold, wherein the thresholds comprise a frequency division multiplexing (FDM) signal strength threshold, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for the FDM transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111], [0113]). The combination of Kusashima and Kim does not explicitly teach a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. However, Panteleev teaches a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold (see rejection for claim 1); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold, as taught by Panteleev in the combined system of Kusashima and Kim, so that the UE can use the threshold approach to switch between TDM mode and FDM mode (Panteleev: Paragraphs [0051]-[0055]). Regarding claim 29, the combination of Kusashima, Kim, and Panteleev teaches the non-transitory computer-readable storage medium of claim 28 (see rejection for claim 28); Kusashima further teaches wherein the signal strength of the first transmission comprises a received signal strength indicator (RSSI) of the first transmission (see rejection for claim 2). Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (see rejection for claim 2); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Regarding claim 30, the combination of Kusashima, Kim, and Panteleev teaches the non-transitory computer-readable storage medium of claim 28 (see rejection for claim 28); Kusashima further teaches wherein the signal strength of the first transmission comprises a reference signal received power (RSRP) of the first transmission (see rejection for claim 3). Kusashima does not explicitly teach the measured signal strength. However, Kim teaches the measured signal strength (see rejection for claim 3); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the measured signal strength, as taught by Kim in the system of Kusashima, so that the UE can measure the signal strength of the received transmission, and determine based on a threshold the dynamic range and resource allocation for transmission (Kim: Paragraphs: [0103], [0105], [0109], [0111]). Claims 7, 8, 16, 17, 25, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Kusashima et al. (US20230300809A1) in view of Kim et al. (US2020/0044814A1) and Panteleev et al. (US2019/0150157A1), and further in view of Fu et al. (US20120069766A1). Regarding claim 7, the combination of Kusashima, Kim, and Panteleev teaches the method of claim 1 (see rejection for claim 1); Kusashima further teaches wherein transmitting the signal comprises transmitting the signal in a first sub-channel of the frequency band and refraining from transmitting in a second sub-channel of the frequency band (Paragraph [0157]: For example, the sharable resource information may include information indicating a radio resource of which the access right is acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource of which the access right is acquired by the first terminal device 200 and information indicating the time. Accordingly, the shared communication device can recognize the radio resource of which the access right is acquired by the first terminal device 200. Paragraph [0165]: For example, the sharable resource information may include information indicating the radio resource to be used by the first terminal device 200 (hereinafter, also referred to as a radio resource to be used) among the radio resources of which the access rights are acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource to be used by the first terminal device 200 among the radio resources of which the access rights are acquired by the first terminal device 200 and information indicating the time. With reference to this information, the shared communication device can recognize a radio resource not to be used by the first terminal device 200. Therefore, the shared communication device can efficiently access the sharable resources, for example, by accessing the radio resource not to be used by the first terminal device 200. Paragraph [0167]: Then, when the use of the channel by the first terminal device 200 ends, the shared communication device detects an empty channel and starts using the sharable resource. Paragraph [0213]: For example, the sharable resource information may include the information indicating the geographical position or transmission power of the first terminal device 200. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information indicating the distance between the terminal devices 200. Paragraph [0214]: For example, the sharable resource information may include information indicating the RSSI of the first terminal device 200 or the degree of channel congestion. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information on the interference situation.) Kusashima does not explicitly teach wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold, transmitting the signal. However, Fu teaches wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold, transmitting the signal (Paragraph [0053]: The radio signal information related to FDM solution may include the following: transmission status (e.g., ON or OFF, TX mode or RX mode), level of coexistence interference, received signal quality or strength (e.g. RSRP, RSRQ, CQI level of LTE), serving frequency of LTE, WiFi frequency channel information, BT frequency hopping range information, and center frequency of GNSS signal. Based on the radio signal information, the central control entity determines whether the measured coexistence interference should trigger FDM solution. Paragraph [0055]: The traffic and scheduling information related to TDM solution may include the following: transmission status (e.g., ON or OFF, TX mode or RX mode), level of coexistence interference, received signal quality or strength (e.g. RSRP, RSRQ, CQI level of LTE), priority TX or RX request (e.g., TX or RX important signal), operation mode.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold, transmitting the signal, as taught by Fu in the system of Kusashima, so that, based on the RSSI/RSRP of the first transmission, a determination can be made as to whether the channel can be shared in TDM or FDM. If the RSSI is less than the TDM threshold, but greater than the FDM threshold, the channel is shared in an FDM manner (Fu: Paragraphs [0053], [0055]). Regarding claim 8, the combination of Kusashima, Kim, and Panteleev teaches the method of claim 1 (see rejection for claim 1); Kusashima further teaches transmitting the signal comprises one or more of: transmitting the signal in a first sub-channel of the frequency band and refraining from transmitting in a second sub-channel of the frequency band (Paragraph [0157]: For example, the sharable resource information may include information indicating a radio resource of which the access right is acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource of which the access right is acquired by the first terminal device 200 and information indicating the time. Accordingly, the shared communication device can recognize the radio resource of which the access right is acquired by the first terminal device 200. Paragraph [0165]: For example, the sharable resource information may include information indicating the radio resource to be used by the first terminal device 200 (hereinafter, also referred to as a radio resource to be used) among the radio resources of which the access rights are acquired by the first terminal device 200. In this case, the sharable resource information includes information indicating the frequency of the radio resource to be used by the first terminal device 200 among the radio resources of which the access rights are acquired by the first terminal device 200 and information indicating the time. With reference to this information, the shared communication device can recognize a radio resource not to be used by the first terminal device 200. Therefore, the shared communication device can efficiently access the sharable resources, for example, by accessing the radio resource not to be used by the first terminal device 200. Paragraph [0167]: Then, when the use of the channel by the first terminal device 200 ends, the shared communication device detects an empty channel and starts using the sharable resource. Paragraph [0213]: For example, the sharable resource information may include the information indicating the geographical position or transmission power of the first terminal device 200. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information indicating the distance between the terminal devices 200. Paragraph [0214]: For example, the sharable resource information may include information indicating the RSSI of the first terminal device 200 or the degree of channel congestion. Accordingly, the second terminal device 200 can determine the degree of similarity in the communication environment on the basis of the information on the interference situation.) or transmitting the signal in one or more sub-channels of the frequency band at a first time and refraining from transmitting at a second time ([0166]: Attention is given to time information in the information indicating the radio resources to be used. The information indicating the time of the radio resource to be used includes information indicating the start timing, the end timing, and/or the length of the time resource to be used. Paragraph [0171]: In this case, it is desirable that the sharable resource information includes at least information indicating the end timing of the COT and information indicating the end timing of the radio resource to be used. Accordingly, the shared communication device can recognize the radio resources from the end timing of the radio resource to be used to the end timing of the COT as the sharable resource. Paragraph [0201]: The second terminal device 200 recognizes an empty channel by carrier sense without using random back-off in the third time resource. That is, the second terminal device 200 recognizes that the radio resources from the third time resource to the end timing of the COT can be used. Accordingly, as illustrated in FIG. 9, the second terminal device 200 can transmit the uplink signal by using the sharable resource. At this time, similarly to the first terminal device 200, the second terminal device 200 transmits the sharable resource information on the uplink.) Kusashima does not explicitly teach wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold, transmitting the signal. However, Fu teaches wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold, transmitting the signal (Paragraph [0053]: The radio signal information related to FDM solution may include the following: transmission status (e.g., ON or OFF, TX mode or RX mode), level of coexistence interference, received signal quality or strength (e.g. RSRP, RSRQ, CQI level of LTE), serving frequency of LTE, WiFi frequency channel information, BT frequency hopping range information, and center frequency of GNSS signal. Based on the radio signal information, the central control entity determines whether the measured coexistence interference should trigger FDM solution. Paragraph [0055]: The traffic and scheduling information related to TDM solution may include the following: transmission status (e.g., ON or OFF, TX mode or RX mode), level of coexistence interference, received signal quality or strength (e.g. RSRP, RSRQ, CQI level of LTE), priority TX or RX request (e.g., TX or RX important signal), operation mode.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold, transmitting the signal, as taught by Fu in the system of Kusashima, so that, based on the RSSI/RSRP of the first transmission, a determination can be made as to whether the channel can be shared in TDM or FDM. Since the RSSI is greater than both the TDM threshold as well as the FDM threshold, the channel can be shared in an FDM or TDM manner (Fu: Paragraphs [0053], [0055]). Regarding claim 16, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 10, wherein the one or more processors are configured to cause the first UE to (see rejection for claim 10); Kusashima further teaches to transmit the signal in a first sub-channel of the frequency band and refrain from transmitting in a second sub-channel of the frequency band (see rejection for claim 7); Kusashima does not explicitly teach wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and to transmit the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold. However, Fu teaches wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and to transmit the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold (see rejection for claim 7); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and to transmit the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold, as taught by Fu in the system of Kusashima, so that, based on the RSSI/RSRP of the first transmission, a determination can be made as to whether the channel can be shared in TDM or FDM. If the RSSI is less than the TDM threshold, but greater than the FDM threshold, the channel is shared in an FDM manner (Fu: Paragraphs [0053], [0055]). Regarding claim 17, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 10, wherein the one or more processors are configured to cause the first UE to (see rejection for claim 10); Kusashima further teaches to transmit the signal in a first sub-channel of the frequency band and refrain from transmitting in a second sub-channel of the frequency band; or transmit the signal in one or more sub-channels of the frequency band at a first time and refrai from transmitting at a second time (see rejection for claim 8); Kusashima does not explicitly teach wherein the FDM signal strength threshold is lower than the TDM signal strength threshold; and to transmit the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold. However, Fu teaches wherein the FDM signal strength threshold is lower than the TDM signal strength threshold; and to transmit the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold (see rejection for claim 8); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the FDM signal strength threshold is lower than the TDM signal strength threshold; and to transmit the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold, as taught by Fu in the system of Kusashima, so that, based on the RSSI/RSRP of the first transmission, a determination can be made as to whether the channel can be shared in TDM or FDM. Since the RSSI is greater than both the TDM threshold as well as the FDM threshold, the channel can be shared in an FDM or TDM manner (Fu: Paragraphs [0053], [0055]). Regarding claim 25, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 19 (see rejection for claim 19); Kusashima further teaches wherein the means for transmitting the signal further comprises means for transmitting the signal in a first sub-channel of the frequency band and means for refraining from transmitting in a second sub-channel of the frequency band (see rejection for claim 7); Kusashima does not explicitly teach wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and the means for transmitting the signal further comprises means for transmitting the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold. However, Fu teaches wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and the means for transmitting the signal further comprises means for transmitting the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold (see rejection for claim 7); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein: the FDM signal strength threshold is lower than the TDM signal strength threshold; and the means for transmitting the signal further comprises means for transmitting the signal when the signal strength of the first transmission is greater than the FDM signal strength threshold and lower than the TDM signal strength threshold, as taught by Fu in the system of Kusashima, so that, based on the RSSI/RSRP of the first transmission, a determination can be made as to whether the channel can be shared in TDM or FDM. If the RSSI is less than the TDM threshold, but greater than the FDM threshold, the channel is shared in an FDM manner (Fu: Paragraphs [0053], [0055]). Regarding claim 26, the combination of Kusashima, Kim, and Panteleev teaches the first UE of claim 19 (see rejection for claim 19); Kusashima further teaches wherein the means for transmitting the signal further comprises: means for transmitting the signal in a first sub-channel of the frequency band and means for refraining from transmitting in a second sub-channel of the frequency band; or means for transmitting the signal in one or more sub-channels of the frequency band at a first time and means for refraining from transmitting at a second time. (see rejection for claim 8); Kusashima does not explicitly teach wherein the FDM signal strength threshold is lower than the TDM signal strength threshold; and the means for transmitting the signal, when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold. However, Fu teaches wherein the FDM signal strength threshold is lower than the TDM signal strength threshold; and the means for transmitting the signal, when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold (see rejection for claim 8); Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the FDM signal strength threshold is lower than the TDM signal strength threshold; and the means for transmitting the signal, when the signal strength of the first transmission is greater than the FDM signal strength threshold and greater than the TDM signal strength threshold, as taught by Fu in the system of Kusashima, so that, based on the RSSI/RSRP of the first transmission, a determination can be made as to whether the channel can be shared in TDM or FDM. Since the RSSI is greater than both the TDM threshold as well as the FDM threshold, the channel can be shared in an FDM or TDM manner (Fu: Paragraphs [0053], [0055]). Response to Arguments Applicant's arguments filed March 16, 2026 with respect to claims 1-5, 9-14, 18-23, and 27-30 being rejected under 35 U.S.C. § 103 as being unpatentable over Kusashima et al. (U.S. Pub. No. 2023/0300809A1) in view of Kim et al. (U.S. Pub. No. 2020/0044814A1) and Panteleev et al. (U.S. Pub. No. 2019/0150157A1), and claims 7, 8, 16, 17, 25, and 26 being rejected under 35 U.S.C. § 103 as being unpatentable over Kusashima in view of Kim, and Panteleev, and further in view of Fu et al. (U.S. Pub. No. 2012/0069766Al), have been fully considered but they are not persuasive. Applicant submits that the combination of Kusashima, Kim, and Panteleev fails to teach or suggest “transmitting a signal within the frequency band during the COT when the measured signal strength of the first transmission is greater than at least one threshold of a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold,” as recited in claim 1 and similar features recited in claims 10, 19, and 28. Applicant submits that Panteleev does not teach or suggest the FDM signal strength threshold or the TDM signal strength threshold specified by the claims, and that the thresholds described in Panteleev relate to congestion-level or resource-utilization metrics and are not signal strength thresholds. Panteleev teaches “a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold.” Panteleev teaches that UE may switch between different control and data multiplexing modes: Time Domain Multiplexing (TDM) and Frequency Domain Multiplexing (FDM), based on the TDM and FDM thresholds. Panteleev teaches that each time when a V2V UE utilizes a sensing procedure, the V2V UE can calculate the congestion level indication according to which the V2V UE can choose the multiplexing option. It would be obvious to a person skilled in the art that a sensing procedure to calculate congestion level can be based on or derived from a metric such as energy measurement in a V2V environment, which for example, could be signal strengths from V2V UEs in a proximity area. Since the congestion level indication value could be based on energy measurements, the TDM-FDM threshold value to switch from FDM to TDM or TDM to FDM would also be based on energy measurements such as signal strengths from V2V UEs. Based on the sensed energy measurements, the V2V UE can use the TDM-FDM threshold value to switch from FDM to TDM or TDM to FDM. Applicant submits that a POSITA would not combine the thresholds of Kim or Panteleev with Kusashima to arrive at the claimed subject matter, and Kim does not teach “transmitting a signal within the frequency band during the COT.” Kim teaches that the UE checks the strength of a signal (e.g., reference signal received power (RSRP) or a received signal strength indicator (RSSI)) while performing sensing operation. After measuring the signal strength/RSRP/RSSI by performing the sensing operation during resource selection, the UE compares the RSSI to a threshold level and accordingly performs transmission through FDM. Figure 12 shows transmission A, and transmission B and C during a time interval, such that when a signal associated with transmission A with a long TTI is received, there are transmission B and transmission C, each of which has a short TTI and is thus FDM. Figure 12 is a scenario for FDM that results due to signal transmissions with different TTI, and can represent FDM-style COT sharing where the COT is shared by frequency multiplexing. During such a scenario, the UE performs a sensing operation, and based on the received signal strength and predetermined thresholds, a decision is made to perform the transmission through FDM. Thus, Kim teaches using signal strength thresholds to transmit a signal within a frequency band during the COT. It would thus be obvious to a person skilled in the art to use the scenario as shown in Figure 12 of Kim to represent FDM-style COT sharing where the COT is shared by frequency multiplexing, and based on the received signal strength and predetermined thresholds, a decision is made to perform the transmission through FDM. It would also be obvious to a person skilled in the art that a sensing procedure to calculate congestion level could be based on or derived from energy measurement in a V2V environment, such as signal strengths from V2V UEs in a proximity area, as shown by Panteleev. Since the congestion level indication value could be based on energy measurements, the TDM-FDM threshold value to switch from FDM to TDM or TDM to FDM would also be based on energy measurements such as signal strengths from V2V UEs. Based on the sensed energy measurements, the V2V UE can use the TDM-FDM threshold value to switch from FDM to TDM or TDM to FDM. The TDM-FDM-thresholds of Panteleev to switch between TDM and FDM based on sensing methods, and the decision to perform transmission by FDM based on the received signal strength and predetermined thresholds for FDM style COT sharing as indicated by Kim, suggests applying the thresholds based on sensing signal strengths, which fits into the system of Kusashima which teaches resource sharing based on sensing. Applicant submits that the NFOA does not provide a persuasive rationale explaining why a person of ordinary skill in the art would modify Kusashima in view of Kim and Panteleev to arrive at the claimed subject matter. Kim’s teaching of the FDM-style COT sharing where the COT is shared by frequency multiplexing, and based on the received signal strength and predetermined thresholds, a decision being made to perform the transmission through FDM, determines resource allocation for FDM transmission during FDM-style COT sharing. Penteleev’s sensing procedure to calculate congestion level based on or derived from energy measurement in a V2V environment, such as signal strengths from V2V UEs in a proximity area, and the TDM-FDM threshold value to switch from FDM to TDM or TDM to FDM that would also be based on energy measurements such as signal strengths from V2V UEs, indicate that the sensed energy measurements enable the V2V UE to use the TDM-FDM threshold value to switch from FDM to TDM or TDM to FDM. The TDM-FDM-thresholds of Panteleev to switch between TDM and FDM based on sensing methods, and the decision to perform transmission by FDM based on the received signal strength and predetermined thresholds for FDM style COT sharing as indicated by Kim, suggests applying the thresholds based on sensing signal strengths, which fits into the system of Kusashima which teaches resource sharing based on sensing. Thus, Kusashima’s teaching of the sharable resource which can be regarded as a COT, where the resource sharing is based on sensing, and transmitting the signal within the frequency band during the COT based on measured signal strengths exceeding/limited by predetermined thresholds, combined with Kim’s teaching of performing transmission by FDM based on the received signal strength and predetermined thresholds for FDM style COT sharing, along with Panteleev’s teaching of the TDM-FDM-thresholds to switch between TDM and FDM based on sensing methods, teaches transmitting a signal within the frequency band during the COT when the measured signal strength of the first transmission is greater than at least one threshold of a plurality of thresholds, wherein the plurality of thresholds comprises a frequency division multiplexing (FDM) signal strength threshold and a time division multiplexing (TDM) signal strength threshold. Thus, the combination of Kusashima, Kim, and Panteleev teaches claim 1 and similar features recited in claims 10, 19, and 28. Further, claims 7, 8, 16, 17, 25, and 26 which depend from one of the independent claims 1, 10, and 19, are taught by the combination of Kusashima, Kim, Panteleev, and Fu. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATHA CHAKRAVARTHY whose telephone number is (703)756-1172. The examiner can normally be reached M-Th 8:30 AM - 5 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, Huy Vu can be reached at 571-272-3155. 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.C./Examiner, Art Unit 2461 /HUY D VU/Supervisory Patent Examiner, Art Unit 2461
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Prosecution Timeline

Oct 19, 2022
Application Filed
Feb 14, 2025
Non-Final Rejection — §103
May 20, 2025
Response Filed
Jun 02, 2025
Final Rejection — §103
Aug 04, 2025
Response after Non-Final Action
Aug 13, 2025
Examiner Interview Summary
Aug 13, 2025
Applicant Interview (Telephonic)
Sep 04, 2025
Request for Continued Examination
Sep 18, 2025
Response after Non-Final Action
Dec 05, 2025
Non-Final Rejection — §103
Mar 16, 2026
Response Filed
Apr 05, 2026
Final Rejection — §103 (current)

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2y 5m to grant Granted Feb 03, 2026
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
31%
Grant Probability
88%
With Interview (+57.0%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allow rate.

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