Prosecution Insights
Last updated: April 19, 2026
Application No. 18/145,741

METHOD AND APPARATUS FOR CHANNEL OCCUPANCY INDICATION ON SIDELINK

Non-Final OA §102§103
Filed
Dec 22, 2022
Examiner
MIAH, LITON
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
97%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
488 granted / 650 resolved
+13.1% vs TC avg
Strong +22% interview lift
Without
With
+21.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
34 currently pending
Career history
684
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 650 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement submitted on December 22, 2022, July 13, 2023 and April 16, 2025 has been considered by the Examiner and made of record in the application file. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-3, 7-9, 11-13 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “3GPP; TSG Ran; NR; Physical layer procedures for data (release 16” 3GPP TS 38.214 V16.8.0 (hereinafter 3GPP). Regarding claim 1, 3GPP discloses a user equipment (UE) in a wireless communication system operating with a shared spectrum channel access, the UE comprising: a transceiver configured to receive a sidelink control information (SCI) format over a sidelink channel (see at least section 8.1 discloses SCI is carried within the resource of the PSSCH); and a processor operably coupled to the transceiver, the processor configured to: determine, from the SCI format, at least one of: time domain information for a channel occupancy, frequency domain information for the channel occupancy, and a sidelink channel access procedure (see at least section 8.1.2.1 discloses time domain); and perform the sidelink channel access procedure before a sidelink transmission (see at least section 8.1), wherein the transceiver is further configured to transmit, upon successfully performing the sidelink channel access procedure, the sidelink transmission over the sidelink channel within the channel occupancy based on the time domain information or the frequency domain information for the channel occupancy (see at least section 8.1.2.1 and 8.1.2.2). Regarding claim 2, 3GPP discloses wherein: the time domain information for the channel occupancy is a remaining channel occupancy duration from a slot where the SCI format is received, and the remaining channel occupancy duration is in a unit of a slot (see at least section 8.1.2.1). Regarding claim 3, 3GPP discloses wherein: the frequency domain information for the channel occupancy is an indication on available resource block (RB) sets for sidelink transmissions, the indication is a bitmap, and each bit in the bitmap corresponds to a RB set (see at least section 8.1.2.2). Regarding claim 7, 3GPP discloses wherein the SCI format is determined as one of: a SCI format 1-A, a SCI format 2-A, a SCI format 2-B, or a SCI format 2-C (see at least section 8.1.5). Regarding claim 8, 3GPP discloses wherein the processor is further configured to determine, from the SCI format, a first identification (ID) associated with a first UE that initiates the channel occupancy (see at least section 8.1.5). Regarding claim 9, 3GPP discloses wherein the processor is further configured to determine, from the SCI format, a second identification (ID) associated with a second UE that shares the channel occupancy initiated by the first UE (see at least section 8.1.5). Regarding claim 11, 3GPP discloses a method of a user equipment (UE) in a wireless communication system operating with a shared spectrum channel access, the method comprising: receiving a sidelink control information (SCI) format over a sidelink channel (see at least section 8.1 discloses SCI is carried within the resource of the PSSCH); determining, from the SCI format, at least one of: time domain information for a channel occupancy, frequency domain information for the channel occupancy, and a sidelink channel access procedure (see at least section 8.1.2.1 discloses time domain); performing the sidelink channel access procedure before a sidelink transmission (see at least section 8.1); and transmitting, upon successfully performing the sidelink channel access procedure, the sidelink transmission over the sidelink channel within the channel occupancy based on the time domain information or the frequency domain information for the channel occupancy (see at least section 8.1.2.1 and 8.1.2.2). Regarding claim 12-13 and 17-19, see above rejection of claims 2-3 and 7-9. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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 4-6 and 14-16 are rejected under 35 U.S.C. 103(a) as being unpatentable over “3GPP; TSG Ran; NR; Physical layer procedures for data (release 16” 3GPP TS 38.214 V16.8.0 (hereinafter 3GPP) in view of Lei et al (US Pat. Pub. No. 2023/0328784). Regarding claim 4, 3GPP specifically does not disclose wherein the sidelink channel access procedure includes at least one of a sidelink channel access procedure type or a channel access priority class (CAPC). However, Lei et al from the same or similar fields of endeavor teaches wherein the sidelink channel access procedure includes at least one of a sidelink channel access procedure type or a channel access priority class (CAPC) (paragraph 34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP with Lei et al as they both can perform a channel access procedure a channel occupancy for sidelink transmission; transmitting sidelink data with the SCI without exceeding the remaining duration of the channel occupancy. Regarding claim 5, 3GPP in view of Lei, further Lei et al discloses wherein the sidelink channel access procedure type is one of: a first type of sidelink channel access procedure where a time duration spanned by sensing slots that are sensed to be idle before a sidelink transmission is random, a second type of sidelink channel access procedure where a time duration spanned by sensing slots that are sensed to be idle before a sidelink transmission is deterministic as a first value of 25 microseconds, a third type of sidelink channel access procedure where a time duration spanned by sensing slots that are sensed to be idle before a sidelink transmission is deterministic as a second value of 16 microseconds, or a fourth type of sidelink channel access procedure where a time duration spanned by sensing slots that are sensed to be idle before a sidelink transmission is deterministic as a third value of 0 microseconds (paragraph 34). Same motivation as claim 4. Regarding claim 6, 3GPP in view of Lei, further Lei et al discloses wherein a value of the CAPC (p) is one of: p=1, and associated sidelink channel access procedure parameters are determined as m.sub.p=2, CW.sub.min,p=3, CW.sub.max,p=7, and T.sub.mcot,p=2 ms; p=2, and associated sidelink channel access procedure parameters are determined as m.sub.p=2, CW.sub.min,p=7, CW.sub.max,p=15, and T.sub.mcot,p=4 ms; p=3, and associated sidelink channel access procedure parameters are determined as m.sub.p=3, CW.sub.min,p=15, CW.sub.max,p=1023, and T.sub.mcot,p=6 ms; or p=4, and associated sidelink channel access procedure parameters are determined as m.sub.p=7, CW.sub.min,p=15, CW.sub.max,p=1023, and T.sub.mcot,p=6 ms (paragraph 34). Same motivation as claim 4. Regarding claim 14-16, see above rejection of claims 4-6. Claims 10 and 20 are rejected under 35 U.S.C. 103(a) as being unpatentable over “3GPP; TSG Ran; NR; Physical layer procedures for data (release 16” 3GPP TS 38.214 V16.8.0 (hereinafter 3GPP) in view of Ryu et al (US Pat. Pub. No. 2022/0006505). Regarding claim 10 and 20, 3GPP specifically does not disclose wherein the processor is further configured to: determine, from the SCI format, an indication of a cyclic prefix (CP) extension value; and extend a CP of a first orthogonal frequency division multiplexing (OFDM) symbol of the sidelink transmission by the CP extension value. However, Ryu et al from the same or similar fields of endeavor teaches wherein the processor is further configured to: determine, from the SCI format, an indication of a cyclic prefix (CP) extension value; and extend a CP of a first orthogonal frequency division multiplexing (OFDM) symbol of the sidelink transmission by the CP extension value (paragraph 55). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine 3GPP with Ryu et al as they both can sidelink transmission within the sensing window. Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The following prior art are cited to show a method, which is considered pertinent to the claimed invention: Liu et al (US Pat. Pub. No. 2022/0167402) directed toward channel occupancy time sharing signaling for sidelink communication. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LITON MIAH whose telephone number is (571)270-3124. The examiner can normally be reached Mon - Fri 7:30am -5:00pm. 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, Rafael Perez-Gutierrez can be reached on 571-272-7915. 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. /LITON MIAH/Primary Examiner, Art Unit 2642
Read full office action

Prosecution Timeline

Dec 22, 2022
Application Filed
Jun 13, 2025
Non-Final Rejection — §102, §103
Sep 16, 2025
Response after Non-Final Action
Sep 16, 2025
Response Filed

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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
75%
Grant Probability
97%
With Interview (+21.5%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 650 resolved cases by this examiner. Grant probability derived from career allow rate.

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