Prosecution Insights
Last updated: April 18, 2026
Application No. 18/249,360

SIDELINK RESOURCE ALLOCATION IN UNLICENSED SPECTRUM

Non-Final OA §103
Filed
Apr 17, 2023
Examiner
FAN, GUOXING
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
16 granted / 20 resolved
+22.0% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
55 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
72.2%
+32.2% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
1.6%
-38.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 20 resolved cases

Office Action

§103
DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/04/2026 has been entered and made of record. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Status Claims 1, 4, 6, 12-13, 20 and 26 are amended. No new claim is/are added. Claims 1, 3-10, 12-20, 22-24 and 26-30 are pending for examination. Applicant Argument Applicant’s arguments (remark pages 10-15), filed on 02/04/2026, with respect to claims 1, 3-10, 12-20, 22-24 and 26-30 have been considered but are moot in view of the new ground of rejection below which better address the claimed invention as amended. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 3-10, 20 and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hai Tang (WO 2019084925 A1), hereinafter “Tang”, in view of Cao et al. (US 20200236656 A1), hereinafter “Cao”, in view of Sharma et al. (US 20100278117 A1), hereinafter “Sharma”, and in view of Gupta et al. (US 20180070252 A1), hereinafter “Gupta”. Per claim 1 and 20: Regarding claim 20, Tang teaches ‘An apparatus for wireless communication at a user equipment (UE)’ (Tang: [FIG.6]-[FIG.9]; [0099]: “an apparatus according to an embodiment of this application with reference to FIG. 6 to FIG. 9”); ‘comprising: a processor’ (Tang: [FIG.8]: “Processor”); ‘memory’ (Tang: [FIG.8]: “Memory”); ‘coupled with the processor’ (this is implied); ‘instructions stored in the memory and executable by the processor to cause the apparatus to’ (Tang: [0023]: “The memory is configured to store an instruction, and the processor is configured to execute the instruction stored in the memory. When the processor executes the instruction stored in the memory, the execution causes the terminal device to perform the method”); ‘identify, at the UE, a carrier selection configuration that indicates a channel metric and a non-sidelink interference metric for selecting, at the UE, between a plurality of component carriers for sidelink communications within a shared radio frequency spectrum band’ (Tang: [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration transmission parameter reported by the terminal device. The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier”; [FIG.2]: sidelink communications; [0015]: “the terminal device may obtain a plurality of PSSCH-RSRP thresholds respectively corresponding to the plurality of carriers”; [FIG.5]: carrier selection configuration indicates a channel metric such as PSSCH-RSRP threshold; the terminal identifies a carrier selection configuration that indicates a channel metric for selecting between a plurality of component carriers for sidelink communications). However, Tang fails to expressly teach ‘indicates a channel metric and a non-sidelink interference metric’ and ‘a shared radio frequency spectrum band’; ‘select a first component carrier of the plurality of component carriers in accordance with the carrier selection configuration and based at least in part on the channel metric and the non-sidelink interference metric’ (Tang: [0006]: “performing, by the terminal device, the carrier selection in the plurality of carriers based on the CBR of the plurality of carriers, to obtain a target carrier for transmitting the target service”, select based on a channel metric). However, Tang fails to expressly teach ‘based at least in part on the channel metric and the non-sidelink interference metric’; ‘communicate a first sidelink message within a first resource of the shared radio frequency spectrum band using the first component carrier’ (Tang: [FIG.2]: sidelink communications; [FIG.3]: “Resource A1”; [0006]: “a carrier selection method in D2D communication is provided … performing, by the terminal device, the carrier selection in the plurality of carriers based on the CBR of the plurality of carriers, to obtain a target carrier for transmitting the target service”, communication a message within a resource of the selected component carrier). However, Tang fails to expressly teach the shared radio frequency spectrum band. However, Cao in the same field of endeavor teaches sidelink communication over unlicensed shared radio frequency spectrum band (Cao: [0301]: “SL communications could also or instead be over licensed or unlicensed spectrum”), carrier selection configuration indicates an interference metric (Cao: [0220]: “the sidelink control channel may transmit a scheduling assignment which may include a resource allocation … an interference measurement”; [0194]: “The measurements may be averaged over a defined period of time to generate a metric for each transmission resource”), and select resource based on a favorable metric (Cao: [0195]: “the UE ranks the possible resources according to the calculated metric, and selects the resource with the most favourable metric … the UE can select, for example randomly, from any resource that has a metric below/above a predefined threshold”; [0196]: “The patterns are then ordered by metric and a pattern is selected based on the ordering. The decision may be based on the metric determined for measurements over a specified window of time”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cao’s teaching of interference metric and select resource based on a favorable metric with that of Tang in order to select transmission resource with a favorable metric on both channel metric and interference metric (see reference quotes in element above) and Cao’s teaching of unlicensed shared radio frequency spectrum band with that of Tang in order to meet the increase in communication demand by utilizing the unlicensed spectrum. Although combination of Cao’s teaching of interference metric and select resource by UE based on a favorable metric and Tang’s teaching of select resource by UE based on channel metric would teach select resource by UE based on a favorable metric such as combination of channel metric and interference metric, it is not expressly taught to consider both channel metric and interference metric at the same time. Nevertheless, Sharma in the same field of endeavor teaches select a channel which has satisfactory channel metrics and has the least interference metrics (Sharma: [0016]: “the channel metrics, including interference metrics, can be measured”; [0029]: “A channel is selected that has the least interference and has channel metrics that are satisfactory”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sharma’s teaching with that of combination of Tang and Cao for UE to select resource with consideration of both channel metric and interference metric in order to select a channel which has satisfactory channel metrics and has the least interference (see reference quotes in element above). Combination of Tang, Cao and Sharma does not expressly teach a non-sidelink interference. However, Gupta in the same field of endeavor teaches the interference due to collision between transmission by sidelink device and by non-sidelink device (Gupta: [FIG.16]: block 1602: sidelink transmission overlap with block 1604: non-sidelink transmission; [0034]: “FIG. 16 is a diagram illustrating a collision between sidelink and non-sidelink communication over an unlicensed sidelink channel”; [0152]: “in FIG. 16, a collision between the transmission of a JAS signal 1602 by sidelink device UE.sub.A and the transmission of an RTS signal 1604 by non-sidelink device … as a result of the two interfering transmissions”; [0013]: “non-sidelink devices that are actively accessing the sidelink channel”; [0143]: “each of the sidelink devices may maintain an unlicensed device contention window 1402, which in some examples may be similar to contention windows utilized by Wi-Fi devices (e.g., IEEE 802.11 devices). The unlicensed device contention window 1402 may be considered to be representative of an estimated number of non-sidelink devices as a result of the adaptation of the contention window size”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gupta’s teaching with that of combination of Tang, Cao and Sharma for UE to identify a carrier selection configuration that indicates a channel metric and a non-sidelink interference metric for selecting, at the UE, between a plurality of component carriers for sidelink communications within a shared radio frequency spectrum band and select a first component carrier of the plurality of component carriers in accordance with the carrier selection configuration and based at least in part on the channel metric and the non-sidelink interference metric in order to adapt the resource contention with consideration of non-sidelink transmission (see reference quotes in element above). Regarding claim 1, claim 1 recites the method implemented by the apparatus of claim 20 (see rejection of claim 20 above). Per claim 3 and 22: Regarding claim 22, combination of Tang, Cao, Sharma and Gupta teaches the apparatus of claim 20 (discussed above). Tang teaches ‘comprising an antenna’ (Tang: [FIG.8]: “Transceiver”; existence of an antenna is implied for a terminal device); ‘wherein the carrier selection configuration indicates a time window’ (Tang: [FIG.3]: “sensing window”, “selection window”; [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”; indicates a time window); ‘wherein the instructions are further executable by the processor to cause the apparatus to’ (this is implied); ‘monitor the plurality of component carriers within the time window based at least in part on the channel metric’ (Tang: [FIG.3]: “sensing window”, “selection window”; [FIG.5]: monitor a plurality of PSSCH-RSRP thresholds corresponding to the multiple carriers; [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”); ‘wherein the first component carrier is selected based at least in part on the monitoring’ (Tang: [FIG.5]: block 520: “The physical layer of the terminal device determines, based on the result of the resource monitoring, a set of available resources on the multiple carriers that can be used to transmit the target service”; block 530: “the terminal device selects the carrier according to multiple PSSCH-RSRP thresholds corresponding to the multiple carrier to obtain the target carrier for transmitting the target service”). Regarding claim 3, claim 3 recites the method implemented by the apparatus of claim 22 (see rejection of claim 22 above). Regarding claim 4, combination of Tang, Cao, Sharma and Gupta teaches the method of claim 1 (discussed above). Combination of Tang, Cao and Gupta teaches ‘monitoring the plurality of component carriers based at least in part on the non-sidelink interference metric’ (Tang: [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”. Cao: [0195]: “the UE ranks the possible resources according to the calculated metric, and selects the resource with the most favourable metric … the UE can select, for example randomly, from any resource that has a metric below/above a predefined threshold”. Gupta: [FIG.16]: block 1602: sidelink transmission overlap with block 1604: non-sidelink transmission; [0034]: “FIG. 16 is a diagram illustrating a collision between sidelink and non-sidelink communication over an unlicensed sidelink channel”; [0152]: “in FIG. 16, a collision between the transmission of a JAS signal 1602 by sidelink device UE.sub.A and the transmission of an RTS signal 1604 by non-sidelink device … as a result of the two interfering transmissions”); ‘wherein the first component carrier is selected based at least in part on the monitoring indicating that the first component carrier satisfies an interference criterion associated with the non-sidelink interference metric’ (Tang: [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; [0061]: “perform carrier selection in a multi-carrier carrier”; Cao: [0195]: “the UE ranks the possible resources according to the calculated metric, and selects the resource with the most favourable metric … the UE can select, for example randomly, from any resource that has a metric below/above a predefined threshold”; [0196]: “The patterns are then ordered by metric and a pattern is selected based on the ordering. The decision may be based on the metric determined for measurements over a specified window of time”. Gupta: [FIG.16]: block 1602: sidelink transmission overlap with block 1604: non-sidelink transmission; [0034]: “FIG. 16 is a diagram illustrating a collision between sidelink and non-sidelink communication over an unlicensed sidelink channel”; [0152]: “in FIG. 16, a collision between the transmission of a JAS signal 1602 by sidelink device UE.sub.A and the transmission of an RTS signal 1604 by non-sidelink device … as a result of the two interfering transmissions”; select a component carrier based on monitoring indicating that the component carrier satisfies an interference criterion associated with the non-sidelink interference metric). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gupta’s teaching of non-sidelink interference and Cao’s teaching of select resource based on a favorable metric with that of Tang in order to select resource based on a favorable metric on interference with consideration of non-sidelink transmission (see reference quotes in element above). Regarding claim 5, combination of Tang, Cao, Sharma and Gupta teaches the method of claim 1 (discussed above). Tang teaches ‘identifying the carrier selection configuration that indicates a sidelink congestion metric’ (Tang: [FIG.2]: sidelink communications; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration transmission parameter reported by the terminal device. The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier”; identify the carrier selection configuration that indicates a sidelink congestion metric); ‘monitoring the plurality of component carriers based at least in part on the sidelink congestion metric’ (Tang: [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”; [FIG.4]: step 410: “The terminal device obtains the CBR of multiple carriers”; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR)”); ‘wherein the first component carrier is selected based at least in part on the monitoring indicating that the first component carrier satisfies a congestion criterion associated with the sidelink congestion metric’ (Tang: [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier”; [FIG.2]: sidelink communications; select a component carrier based on monitoring indicating that a component carrier satisfies a congestion criterion associated with the sidelink congestion metric). Regarding claim 6, combination of Tang, Cao, Sharma and Gupta teaches the method of claim 1 (discussed above). Combination of Tang, Cao and Gupta teaches ‘wherein the non-sidelink interference metric corresponds to a sidelink transmission gap’ (Tang: [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration transmission parameter reported by the terminal device. The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier”. Cao: [0220]: “the sidelink control channel may transmit a scheduling assignment which may include a resource allocation … an interference measurement[0195]: “the UE ranks the possible resources according to the calculated metric, and selects the resource with the most favourable metric … the UE can select, for example randomly, from any resource that has a metric below/above a predefined threshold”; [FIG.2A], [FIG.2B]; [0102]: sidelink transmission gap. Gupta: [FIG.16]: block 1602: sidelink transmission overlap with block 1604: non-sidelink transmission; [0034]: “FIG. 16 is a diagram illustrating a collision between sidelink and non-sidelink communication over an unlicensed sidelink channel”; [0152]: “in FIG. 16, a collision between the transmission of a JAS signal 1602 by sidelink device UE.sub.A and the transmission of an RTS signal 1604 by non-sidelink device … as a result of the two interfering transmissions”; identify the carrier selection configuration that indicates a non-sidelink interference metric corresponding to a sidelink transmission gap); ‘monitoring the plurality of component carriers within the sidelink transmission gap based at least in part on the non-sidelink interference metric’ (Tang: [FIG.2]: sidelink communications; [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”. Cao: [0195]: “the UE ranks the possible resources according to the calculated metric, and selects the resource with the most favourable metric … the UE can select, for example randomly, from any resource that has a metric below/above a predefined threshold”; [FIG.2A], [FIG.2B]; [0102]: sidelink transmission gap. Gupta: [FIG.16]: block 1602: sidelink transmission overlap with block 1604: non-sidelink transmission; [0034]: “FIG. 16 is a diagram illustrating a collision between sidelink and non-sidelink communication over an unlicensed sidelink channel”; [0152]: “in FIG. 16, a collision between the transmission of a JAS signal 1602 by sidelink device UE.sub.A and the transmission of an RTS signal 1604 by non-sidelink device … as a result of the two interfering transmissions”; monitor the plurality of component carriers within the sidelink transmission gap based on the non-sidelink interference metric); ‘wherein the first component carrier is selected based at least in part on the monitoring indicating that the first component carrier satisfies an interference criterion associated with the non-sidelink interference metric for the sidelink transmission gap’ (Tang: [FIG.2]: sidelink communications; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; [0061]: “perform carrier selection in a multi-carrier carrier”. Cao: [0220]: “an interference measurement”; [FIG.2A], [FIG.2B]; [0102]: sidelink transmission gap; [0195]: “the UE ranks the possible resources according to the calculated metric, and selects the resource with the most favourable metric … the UE can select, for example randomly, from any resource that has a metric below/above a predefined threshold”; [0196]: “The patterns are then ordered by metric and a pattern is selected based on the ordering. The decision may be based on the metric determined for measurements over a specified window of time”; Gupta: [FIG.16]: block 1602: sidelink transmission overlap with block 1604: non-sidelink transmission; [0034]: “FIG. 16 is a diagram illustrating a collision between sidelink and non-sidelink communication over an unlicensed sidelink channel”; [0152]: “in FIG. 16, a collision between the transmission of a JAS signal 1602 by sidelink device UE.sub.A and the transmission of an RTS signal 1604 by non-sidelink device … as a result of the two interfering transmissions”; select a component carrier based on monitoring indicating that the component carrier satisfies a non-sidelink interference criterion associated with the interference metric for the sidelink transmission gap). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gupta’s teaching of non-sidelink interference and Cao’s teaching of select resource based on a favorable metric with that of Tang in order to select resource based on a favorable metric on interference with consideration of non-sidelink transmission (see reference quotes in element above). Regarding claim 7, combination of Tang, Cao, Sharma and Gupta teaches the method of claim 1 (discussed above). Tang teaches ‘identifying the carrier selection configuration that indicates a resource reservation monitoring configuration’ ((Tang: [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration transmission parameter reported by the terminal device. The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier”; [FIG.3]: “sensing”, “Resource A” -> “Resource A1”; [0049]: “data is transmitted in a sensing and reservation manner”; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers”; identify the carrier selection configuration that indicates a resource reservation monitoring configuration); ‘monitoring at least one resource on at least one component carrier of the plurality of component carriers based at least in part on the resource reservation monitoring configuration’ (Tang: [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”; [0049]: “data is transmitted in a sensing and reservation manner”); ‘wherein the first component carrier is selected based at least in part on the monitoring indicating that the at least one resource on the at least one component carrier of the plurality of component carriers satisfies a resource reservation criterion’ (Tang: [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; [0049]: “data is transmitted in a sensing and reservation manner”; [0061]: “perform carrier selection in a multi-carrier carrier”; select a component carrier based on monitoring that indicating that the component carrier satisfies a resource reservation criterion). Regarding claim 8, combination of Tang, Cao, Sharma and Gupta teaches the method of claim 1 (discussed above). Tang teaches ‘identifying the carrier selection configuration that indicates a congestion control metric’ (Tang: [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration transmission parameter reported by the terminal device. The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier, for example, the terminal device may select, based on CBR measurement results of multiple carriers, a carrier with the lowest CBR to perform data transmission”; identify the carrier selection configuration that indicates a congestion control metric (CBR)); ‘monitoring the plurality of component carriers based at least in part on the congestion control metric’ (Tang: [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”; [FIG.4]: step 410: “The terminal device obtains the CBR of multiple carriers”; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR)”); ‘wherein the first component carrier is selected based at least in part on the monitoring indicating that the first component carrier satisfies a congestion control criterion associated with the congestion control metric’ (Tang: [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier”; select a component carrier based on monitoring indicating that a component carrier satisfies a congestion control criterion associated with the congestion control metric). Per claim 9 and 23: Regarding claim 23, combination of Tang, Cao, Sharma and Gupta teaches the apparatus of claim 20 (discussed above). Combination of Tang and Cao teaches ‘identify a carrier reselection configuration associated with the carrier selection configuration’ (Tang: [0049]: “resource reselection needs to be performed”; [0061]: “the CBR configuration … The CBR may be used by the terminal device to perform carrier selection in a multi-carrier”, identify a carrier reselection configuration associated with the carrier selection configuration); ‘monitor the plurality of component carriers to select a second component carrier based at least in part on the carrier reselection configuration’ (Tang: [FIG.3]: “sensing window”, “selection window”; Tang: [FIG.4]: block 410: “the terminal device obtain the CBR of multiple carriers in subframes [n-P, n-P+(T-1)”; [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”); [0061]: “The CBR may be used by the terminal device to perform carrier selection in a multi-carrier, for example, the terminal device may select, based on CBR measurement results of multiple carriers, a carrier with the lowest CBR to perform data transmission”; [0062]: “The CBR reflects a channel occupancy situation … it is not necessary to select the most suitable transmission resource for transmission of the service”, could select another carrier with CBR which is not lowest; monitor the multiple carriers to select a second component carrier based at least in part on the carrier reselection configuration); ‘communicate a second sidelink message within a second resource of the shared radio frequency spectrum band using the second component carrier’ (Tang: [FIG.2]: sidelink communications; [FIG.3]: “Resource A1”, “Resource B1”; [0006]: “a carrier selection method in D2D communication is provided … performing, by the terminal device, the carrier selection in the plurality of carriers based on the CBR of the plurality of carriers, to obtain a target carrier for transmitting the target service”. Cao: [0301]: “SL communications could also or instead be over licensed or unlicensed spectrum”; would communicate a second sidelink message within a resource of the shared radio frequency spectrum band using the second component carrier). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cao’s teaching of unlicensed spectrum with that of Tang in order to meet the increase in communication demand by utilizing the unlicensed spectrum. Regarding claim 9, claim 9 recites the method implemented by the apparatus of claim 23 (see rejection of claim 23 above). Per claim 10 and 24: Regarding claim 24, combination of Tang, Cao, Sharma and Gupta teaches the apparatus of claim 20 (discussed above). Combination of Tang and Cao teaches ‘select the first resource and a second resource of the shared radio frequency spectrum band corresponding to the first component carrier’ (Tang: [FIG.3]: “Resource B” -> ”Resource B1” -> “Resource B1”; [0061]: “the terminal device may select, based on CBR measurement results of multiple carriers, a carrier with the lowest CBR to perform data transmission”. Cao: “T0”-“F0”: ”VUE1” (first time-frequency resource); “T1”-“F2”: “VUE1” (second time-frequency resource), second resource for VUE1 is different from first resource; [0269]: “SCI may include the general time-frequency resource of the transmission”; [0266]: “selecting a transmission pattern for a sidelink transmission, when the UE has the freedom to select between multiple transmission patterns”; [0301]: “SL communications could also or instead be over licensed or unlicensed spectrum”; select two resources of the shared radio frequency spectrum band corresponding to the carried with lowest CBR); ‘wherein the first sidelink message indicates the second resource’ (Tang: [0048]: “The terminal device carries the information of the reserved next transmission resource in the control information transmitted this time, so that other terminal devices can determine whether the resource is reserved and used by the terminal device by detecting the control information of the terminal device, thereby achieving the purpose of reducing resource conflicts”. Cao: “F2”-“T1”: “VUE1”, second resource; [0280]-[0283]: “Sending Pattern Using a Reservation Signal … UE may send the reservation signal in advance with respect to the data transmission such that other UE may avoid the collision”; first sidelink message indicates the second resource reserved by the UE; [0006]: “NR-V2X: In New Radio (NR) Release16, the following agreement has been reached for Mode 2 grant free transmission … single or multiple sidelink transmission patterns (patterns are defined on each sidelink resource pool)”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cao’s teaching of sidelink transmission pattern with that of Tang in order to support mode-2 grant free transmission without collision (see reference quotes in element above). Regarding claim 10, claim 10 recites the method implemented by the apparatus of claim 24 (see rejection of claim 24 above). Claims 12-19 and 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over Tang, in view of Cao, and in view of Hassan et al. (US 20210160822 A1), hereinafter “Hassan”. Per claim 12 and 26: Regarding claim 26, Tang teaches ‘An apparatus for wireless communication at a user equipment (UE)’ (Tang: [FIG.6]-[FIG.9]; [0099]: “an apparatus according to an embodiment of this application with reference to FIG. 6 to FIG. 9”); ‘comprising: a processor’ (Tang: [FIG.8]: “Processor”); ‘memory’ (Tang: [FIG.8]: “Memory”); ‘coupled with the processor’ (this is implied); ‘instructions stored in the memory and executable by the processor to cause the apparatus to’ (Tang: [0023]: “The memory is configured to store an instruction, and the processor is configured to execute the instruction stored in the memory. When the processor executes the instruction stored in the memory, the execution causes the terminal device to perform the method”); ‘identify a resource selection configuration for resource selection between a plurality of candidate resources of a plurality of component carriers for sidelink communications within a shared radio frequency spectrum band’ (Tang: [FIG.3]: “Resource A”, “Resource B”, plurality of candidate resources; [0061]: “carrier selection in a multi-carrier carrier”, a plurality of component carriers; [0066]: “the terminal device determines that a carrier selection or resource selection needs to be performed”; [0006]: “terminal device obtains a channel occupancy ratio (CBR) of a plurality of carriers in subframes [N-P, N-P + (T-1) ] … resource selection needs to be performed”; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration”; [FIG.2]: sidelink communications; identify a resource selection configuration for resource selection between a plurality of candidate resources of a plurality of component carriers for sidelink communications). However, Tang fails to expressly teach a shared radio frequency spectrum band; ‘perform sensing within a sensing window for selecting a first candidate resource of the plurality of candidate resources on a first component carrier of the plurality of component carriers based at least in part on the resource selection configuration’ (Tang: [FIG.3]: “sensing window”, “selection window”, “Resource A” -> “Resource A1”, “Resource B” -> “Resource B1”; [0048]: “data is transmitted in a sensing and reservation manner”; [0066]: “the terminal device determines that a carrier selection or resource selection needs to be performed”; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”); ‘transmit, at the UE, a first sidelink control message indicating a carrier index of the first component carrier and a resource allocation corresponding to the first candidate resource’ (Tang: [FIG.3]: “Resource A” -> “Resource A1”; [0061]: “the terminal device may select, based on CBR measurement results of multiple carriers, a carrier with the lowest CBR to perform data transmission”; [0052]: “the terminal device 30 sending the PSCCH reserves a time-frequency resource required for subsequent transmission”; [0091]: “reporting, by a physical layer of the terminal device, an index of the target carrier to a higher layer of the terminal device”; the terminal (UE) transmits a sidelink control message indicating a resource allocation corresponding to a candidate resource). However, Tang fails to expressly teach sidelink control message indicating a carrier index of the selected component carrier; ‘the resource allocation indicating a frequency location of the first candidate resource within a carrier corresponding to the carrier index’ (Tang: [0061]: “carrier selection in a multi-carrier carrier”; [FIG.3]: “Resource A” -> “Resource A1”, frequency location of the candidate resource within a carrier; [ [0052]: “the terminal device 30 sending the PSCCH reserves a time-frequency resource required for subsequent transmission”; [0091]: “reporting, by a physical layer of the terminal device, an index of the target carrier to a higher layer of the terminal device”); ‘communicate a first sidelink message within the first candidate resource of the shared radio frequency spectrum band using the first component carrier’ (Tang: [FIG.3]: “Resource A1”; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”, communicate a sidelink message within a selected resource using the selected component carrier). However, Tang fails to expressly teach a shared radio frequency spectrum band. However, Cao teaches sidelink communication over unlicensed shared radio frequency spectrum band (Cao: [0301]: “SL communications could also or instead be over licensed or unlicensed spectrum”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cao’s teaching with that of Tang in order to meet the increase in communication demand by utilizing the unlicensed spectrum. Combination of Tang and Cao does not expressly teach sidelink control message indicating a carrier index of the selected component carrier. However, Hassan in the same field of endeavor teaches sidelink control message indicates the index of a component carrier (Hassan: [0123]: “sidelink control information comprising one or more sidelink control information data elements, wherein the sidelink control information data elements comprise at least one of a component carrier index”; [0068]: “FIG. 6 illustrates a cross-carrier scheduling via an SCI transmission”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hassan’s teaching with that of combination of Tang and Cao for sidelink control message to indicate a carrier index of the selected component carrier in order to support cross carrier scheduling (see reference quotes in element above). Regarding claim 12, claim 12 recites the method implemented by the apparatus of claim 26 (see rejection of claim 26 above). Regarding claim 13, combination of Tang, Cao and Hassan teaches the method of claim 12 (discussed above). Tang teaches ‘transmitting the first sidelink control message indicating the resource allocation that indicates a time location of the first candidate resource’ (Tang: [0048]: “The terminal device carries the information of the reserved next transmission resource in the control information transmitted this time, so that other terminal devices can determine whether the resource is reserved and used by the terminal device by detecting the control information of the terminal device, thereby achieving the purpose of reducing resource conflicts”; [FIG.3]: “Resource B” -> “Resource B1”, time location of candidate resource; [0052]: “the terminal device 30 sending the PSCCH reserves a time-frequency resource required for subsequent transmission”). Per claim 14 and 27: Regarding claim 27, combination of Tang, Cao and Hassan teaches the apparatus of claim 26 (discussed above). Tang teaches ‘identify the resource selection configuration that indicates that the sensing window spans multiple component carriers of the plurality of component carriers’ (Tang: [FIG.3]: “sensing window”, “selection window”, “Resource A” -> “Resource A1”, “Resource B” -> “Resource B1”, resource selection based on sensing; [0048]: “data is transmitted in a sensing and reservation manner”; [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”, sensing window spans multiple component carriers); ‘monitor the multiple component carriers within the sensing window’ (discussed in element above); ‘wherein the first candidate resource is selected based at least in part on the monitoring’ (Tang: [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”). Regarding claim 14, claim 14 recites the method implemented by the apparatus of claim 27 (see rejection of claim 27 above). Per claim 15 and 28: Regarding claim 28, combination of Tang, Cao and Hassan teaches the apparatus of claim 26 (discussed above). Tang teaches ‘identify one or more resources available for reservation within the plurality of candidate resources based at least in part on performing the sensing within the sensing window, wherein the first candidate resource is included in the one or more resources’ (Tang: [FIG.3]: “sensing window”, “selection window”, candidate “Resource A” and “Resource B”; [0048]: “data is transmitted in a sensing and reservation manner”; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; identify resources available for reservation based on sensing and select one to transmit the target service). Regarding claim 15, claim 15 recites the method implemented by the apparatus of claim 28 (see rejection of claim 28 above). Regarding claim 16, combination of Tang, Cao and Hassan teaches the method of claim 12 (discussed above). Combination of Tang and Cao teaches ‘identifying the resource selection configuration that indicates an interference metric corresponding to a sidelink transmission gap’ (Tang: [0066]: “the terminal device determines that a carrier selection or resource selection needs to be performed”; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration transmission parameter reported by the terminal device”. Cao: [0220]: “the sidelink control channel may transmit a scheduling assignment which may include a resource allocation … an interference measurement”; [0194]: “The measurements may be averaged over a defined period of time to generate a metric for each transmission resource”; [FIG.2A], [FIG.2B]; [0102]: sidelink transmission gap; identify the resource selection configuration that indicates an interference metric corresponding to a sidelink transmission gap); ‘determining a respective interference measurement for each component carrier of the plurality of component carriers based at least in part on the interference metric’ (Tang: [ [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”; [0048]: “data is transmitted in a sensing and reservation manner”. Cao: [0220]: “an interference measurement”; determine a respective interference measurement for each component carrier of the plurality of component carriers based at least in part on the interference metric); ‘performing the sensing within the sensing window’ (Tang: [FIG.3]: “sensing window”, “resource A” -> “Resource A1”; “Resource B” -> “Resource B1”; [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”; [0048]: “data is transmitted in a sensing and reservation manner”); ‘wherein the first candidate resource is selected based at least in part on the respective interference measurements’ (Tang: [0066]: “the terminal device determines that a carrier selection or resource selection needs to be performed”; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”. Cao: 0220]: “an interference measurement”; [0195]: “the UE ranks the possible resources according to the calculated metric, and selects the resource with the most favourable metric … the UE can select, for example randomly, from any resource that has a metric below/above a predefined threshold”; [0196]: “The patterns are then ordered by metric and a pattern is selected based on the ordering. The decision may be based on the metric determined for measurements over a specified window of time”; select a carrier based on the respective interference measurements). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cao’s teaching of interference metric with that of Tang in order to select transmission resource with a favorable metric on interference (see reference quotes in element above). Regarding claim 17, combination of Tang, Cao and Hassan teaches the method of claim 12 (discussed above). Tang teaches ‘identifying the resource selection configuration that indicates a sidelink channel occupancy metric’ (Tang: [FIG.2]: sidelink communications; [0066]: “the terminal device determines that a carrier selection or resource selection needs to be performed”; [0061]: “the terminal device may measure a congestion degree of the system, for example, a Channel Busy Ratio (CBR) … according to the CBR configuration transmission parameter reported by the terminal device. The CBR may be used by the terminal device to perform carrier selection in a multi-carrier carrier”; [0062]: “The CBR reflects a channel occupancy situation”; identifying the resource selection configuration that indicates a sidelink channel occupancy metric); ‘determining a respective sidelink channel occupancy measurement for each component carrier of the plurality of component carriers based at least in part on the sidelink channel occupancy metric’ (Tang: [FIG.2]: sidelink communications; [FIG.4]: step 410: “The terminal device obtains the CBR of multiple carriers”; [0014]: “terminal device performs resource monitoring on a plurality of carriers in a time interval [N + T 1, N + T 2]”; [0048]: “data is transmitted in a sensing and reservation manner”; [0062]: “The CBR reflects a channel occupancy situation”; determine a respective sidelink channel occupancy measurement for each component carrier of the plurality of component carriers based at least in part on the sidelink channel occupancy metric); ‘performing the sensing within the sensing window’ (Tang: [FIG.3]: “sensing window”, “selection window”, “Resource A” -> “Resource A1”, “Resource B” -> “Resource B1”; [0048]: “data is transmitted in a sensing and reservation manner”); ‘wherein the first candidate resource is selected based at least in part on the respective sidelink channel occupancy measurements’ (Tang: [FIG.4]; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; [0062]: “The CBR reflects a channel occupancy situation”; [FIG.3]: “Resource A” -> “Resource A1”, “Resource B” -> “Resource B1”; select a candidate resource based on sidelink channel occupancy measurements). Per claim 18 and 29: Regarding claim 29, combination of Tang, Cao and Hassan teaches the apparatus of claim 26 (discussed above). Combination of Tang and Cao teaches ‘select a second candidate resource of the plurality of candidate resources on a second component carrier of the plurality of component carriers based at least in part on performing the sensing within the sensing window’ (Tang: [FIG.3]: “sensing window”, “selection window”, “Resource A” -> “Resource A1”, “Resource B” -> “Resource B1”; [0085]: “the terminal device performs resource monitoring on the candidate plurality of carriers in the time interval [N + T 1, N + T 2], and determines, according to the interception result, the available resource set on the plurality of carriers that can be used to transmit the target service”; [0061]: “The CBR may be used by the terminal device to perform carrier selection in a multi-carrier, for example, the terminal device may select, based on CBR measurement results of multiple carriers, a carrier with the lowest CBR to perform data transmission”; [0062]: “The CBR reflects a channel occupancy situation … it is not necessary to select the most suitable transmission resource for transmission of the service”; could select a second carrier with CBR which is not lowest; Cao: “T0”-“F0”: ”VUE1” (first time-frequency resource); “T1”-“F2”: “VUE1” (second time-frequency resource); select a second candidate resource from resources on a second component carrier based on sensing); ‘transmit the first sidelink control message or a second sidelink control message indicating a carrier index of the second component carrier and a resource allocation corresponding to the second candidate resource’ (Tang: [0048]: “The terminal device carries the information of the reserved next transmission resource in the control information transmitted this time, so that other terminal devices can determine whether the resource is reserved and used by the terminal device by detecting the control information of the terminal device, thereby achieving the purpose of reducing resource conflicts”; [0052]: “the terminal device 30 sending the PSCCH reserves a time-frequency resource required for subsequent transmission”. Cao: “F2”-“T1”: “VUE1”, second resource; [0280]-[0283]: “Sending Pattern Using a Reservation Signal … UE may send the reservation signal in advance with respect to the data transmission such that other UE may avoid the collision”; sidelink message indicates the second resource reserved by the UE; [0006]: “NR-V2X: In New Radio (NR) Release16, the following agreement has been reached for Mode 2 grant free transmission … single or multiple sidelink transmission patterns (patterns are defined on each sidelink resource pool)”). However, combination of Tang and Cao fails to expressly teach sidelink control message indicating a carrier index of the second component carrier; ‘communicate a second sidelink message within the second candidate resource of the shared radio frequency spectrum band using the second component carrier’ (Tang: [FIG.2]: sidelink communications; [FIG.3]: “Resource A1”, “Resource B1”; [0006]: “a carrier selection method in D2D communication is provided … performing, by the terminal device, the carrier selection in the plurality of carriers based on the CBR of the plurality of carriers, to obtain a target carrier for transmitting the target service”. Cao: [0301]: “SL communications could also or instead be over licensed or unlicensed spectrum”; would communicate a second sidelink message within a resource of the shared radio frequency spectrum band using the second component carrier). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cao’s teaching of sidelink transmission pattern with that of Tang in order to support mode-2 grant free transmission without collision (see reference quotes in element above). However, Hassan teaches sidelink control message indicates the index of a component carrier (Hassan: [0123]: “sidelink control information comprising one or more sidelink control information data elements, wherein the sidelink control information data elements comprise at least one of a component carrier index”; [0068]: “FIG. 6 illustrates a cross-carrier scheduling via an SCI transmission”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hassan’s teaching with that of combination of Tang and Cao for sidelink control message to indicate a carrier index of the second component carrier component carrier in order to support cross carrier scheduling (see reference quotes in element above). Regarding claim 18, claim 18 recites the method implemented by the apparatus of claim 29 (see rejection of claim 29 above). Per claim 19 and 30: Regarding claim 30, combination of Tang, Cao and Hassan teaches the apparatus of claim 29 (discussed above). Tang teaches ‘wherein the first component carrier is different than the second component carrier’ (Tang: [0061]: “The CBR may be used by the terminal device to perform carrier selection in a multi-carrier, for example, the terminal device may select, based on CBR measurement results of multiple carriers, a carrier with the lowest CBR to perform data transmission”; [0062]: “The CBR reflects a channel occupancy situation … it is not necessary to select the most suitable transmission resource for transmission of the service”; could select the second carrier with CBR which is not lowest (different from first component carrier with lowest CBR)). Regarding claim 19, claim 19 recites the method implemented by the apparatus of claim 30 (see rejection of claim 30 above). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUOXING FAN whose telephone number is (703)756-1310. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm ET. 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, Yemane Mesfin can be reached at (571)272-3927. 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. /G.F./Examiner, Art Unit 2462 /YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462
Read full office action

Prosecution Timeline

Apr 17, 2023
Application Filed
Jul 27, 2025
Non-Final Rejection — §103
Oct 31, 2025
Response Filed
Nov 16, 2025
Final Rejection — §103
Jan 16, 2026
Response after Non-Final Action
Feb 04, 2026
Request for Continued Examination
Feb 12, 2026
Response after Non-Final Action
Mar 24, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12603842
ON-DEMAND VIRTUAL ROUTING AND FORWARDING TABLE CREATION
2y 5m to grant Granted Apr 14, 2026
Patent 12604344
RANDOM ACCESS METHOD AND RELATED DEVICE
2y 5m to grant Granted Apr 14, 2026
Patent 12588097
DATA TRANSMISSION IN AN INACTIVE STATE
2y 5m to grant Granted Mar 24, 2026
Patent 12557059
SYSTEM AND METHOD FOR CONTROLLING CLOSED SUBSCRIBER GROUP ACCESS TO NETWORKS
2y 5m to grant Granted Feb 17, 2026
Patent 12526069
PDCCH COVERAGE ENHANCEMENT
2y 5m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+33.3%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 20 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

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

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

Free tier: 3 strategy analyses per month