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 statements (IDSs) submitted on July 2 5 , 20 23 and February 16, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Applicant should note that the large number of references in the attached IDSs have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is invited to point out any particular reference(s) in the IDS that they believe may be of particular relevance to the instant claimed invention in response to this Office Action. It is desirable to avoid the submission of long lists of documents if it can be avoided. If a long list is submitted, highlight those documents which have been specifically brought to applicant’s attention and/or are known to be of most significance. See Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff ’d, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert. denied, 414 U.S. 874 (1974). But cf. Molins PLC v. Textron Inc., 48 F.3d 1172, 33 USPQ2d 1823 (Fed. Cir. 1995). Specification The disclosure is objected to because of the following informalities: In para [0081], line 3, “ 16 us” should read “16 μs ” and, in line6, “9 us” should read “9 μs ”, wherein the μs represents the unit microsecond. In para [0085], line 6, “TABLE 2 shoes …” should read “TABLE 2 shows…” In para [0144], lines 8 & 11, “SL recourse” should read “SL resource”. Appropriate correction is required. Claim Objections Claims 5 and 15 are objected to because of the following informalities: In claim 5, lines 10 and 15, “SL recourse” should read “SL resource” In claim 15, lines 9 and 13, “SL recourse” should be “SL resource” Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim(s) 1- 8 and 11-18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding independent claims 1 and 11, the claims recite the limitation “ identify a gap, based on a time duration for the channel sensing operation, for the SL transmission ”. The limitation renders the claims indefinite . Is the gap a time interval, a sequence of idle resources, or both? Is it a period of inactivity required before SL transmission? Furthermore, the term “gap” is generally understood to mean a “gap between” two elements, but the claims do not specify any limitation that defines such a gap. Claims 2- 8 and 12-18 depend from one of the independent claims, thus carry the same issues as described above, and therefore are rejected on the same grounds discussed above. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 5, 7-13 and 15 rejected under 35 U.S.C. 102(a)( 2 ) as being anticipated by Oliveira Da Costa et al. (U.S. Patent Application Publication No. 20250048426, which claims priority from European Application No. 22169540.6, filed Apr. 22, 2022; hereinafter “Oliveira Da Costa”) . Examiner’s note: in what follows, references are drawn to Oliveira Da Costa unless otherwise mentioned. With respect to independent claims: Regarding Claim 1 , Oliveira Da Costa teaches A user equipment (UE) (Fig. 8: a plurality of communication devices 302 1 to 302 n, like UEs.) comprising: a transceiver (para [0094]: Embodiments provide a transceiver [e.g., UE] of a 4th or 5th generation mobile communication system [e.g., 4th or 5th generation cellular network], wherein the transceiver is configured to operate in a sidelink mode ) ; and a processor operably coupled to the transceiver, the processor configured to: determine whether a sidelink (SL) unlicensed band is configured for a SL transmission (para [0094]: Embodiments provide a transceiver [e.g., UE] of a 4th or 5th generation mobile communication system [e.g., 4th or 5th generation cellular network], wherein the transceiver is configured to operate in a sidelink mode [e.g., 5G/NR mode 1 or LTE mode 3; or 5G/NR mode 2 or LTE mode 4] [e.g., in which radio resources for a sidelink communication are (pre-) configured by the wireless communication system or allocated by a base station of the wireless communication system; or allocated or scheduled autonomously by the transceiver], wherein the transceiver is configured, in the sidelink mode, to transmit or receive signals using radio resources [e.g., a resource pool] in an unlicensed band ,)(para [0103]: In embodiments, the transceiver is configured to receive a first control signal [e.g., from the base station], the first control signal indicating a start and/or an end of a period during which the radio resources [e.g., the resource pool] can be used by the transceiver for transmitting and/or receiving signals ( interpreted as “determine whether a sidelink (SL) unlicensed band is configured for a SL transmission” ), wherein the transceiver is configured to use the radio resources [e.g., the resource pool] for transmitting and/or receiving signals during the period indicated by the first control signal.) , perform a channel sensing operation to determine whether a channel is available for channel access on the SL unlicensed band (para [0104]: wherein the transceiver is configured to perform at a start of a respective period ( interpreted as “a time duration for the channel sensing operation” ) a clear channel assessment, CCA, procedure ( interpreted as “a channel sensing operation”, see Fig., 8 of the instant application ) [e.g., listen before talk] in order to determine whether the radio resources [e.g., the resource pool] is free [e.g., not used by other communication systems operating in the same unlicensed band ], ...)(para [0107]: (para [0107]: In embodiments, the transceiver is configured to perform a single-shot-sensing on or more resources of the radio resources [e.g., the resource pool] prior to transmitting a signal to another transceiver of the wireless communication system, in order to obtain a sensing information , wherein the transceiver is configured to determine, for transmitting the signal, a set of candidate resources out of the radio resources [e.g., the resource pool] based on the sensing information,) , identify a gap, based on a time duration for the channel sensing operation, for the SL transmission (para [0 200 ]: When selecting resources in time domain any gap larger than 16 us may be perceived by devices in the vicinity as the channel being free. Therefore, transmission gaps should be avoided as much as possible. … the candidate resource set should first only include resources which are less than 16 us away from occupied resources. If this is not sufficient (e.g., given the transport block size and access priority) the candidate set can be enlarged until the target number of candidates is satisfied. If a UE selects resources which will leave a gap, the UE can only use them after performing a short CCA (e.g., LBT type 2A or 2B—16 μs or 25 μs ). )(para [0201]: Current resource allocation in SL is based on slots and sub-channels in a resource pool, i.e. there is always a gap until the next start of a slot i n case an initial CCA via LBT has been performed ( interpreted as “ based on a time duration for the channel sensing operation ” ) . To mitigate this, the sub-slot based resource allocation and cyclic prefix extension may be applied in mode 2 (or possible mode 1 ). ) ( FIG. 10 and para [0 211 ]: FIG. 10 shows a schematic representation of a sub-slot based data transmission on radio resources of an unlicensed channel performed by a UE using a cyclic prefix extension. … wherein the UE uses a cyclic prefix extension 270, to ensure that a gap between data transmissions is below a predefined value, e.g., below 16 or 25 μs ( interpreted as “ identify a gap, based on a time duration for the channel sensing operation, for the SL transmission ” ) ) . (Supported by the Specification of European Application No. 22169540.6, page 22 , line s 11 - 19, and Fig. 10 ) , and select, based on the identified gap, a SL resource for the SL transmission (para [0125]: the transceiver is configured to select resources ( The resources are interpreted as “a SL resource” ) out of the radio resources [e.g., the resources of the resource pool] for transmitting a signal such that a time gap between a last occupied resource of the radio resources [e.g., the resource pool] [e.g., occupied by the transceiver or another transceiver of the wireless communication system] and a first resource used for transmission is smaller than a predefined value [e.g., 16 μs ] .) (Supported by the Specification of European Application No. 22169540.6, page 13 , line 36-page 14, line 4 ) , wherein the SL resource is located outside of the identified gap from a previously reserved SL resource (para [0125]: the transceiver is configured to select resources out of the radio resources … for transmitting a signal such that a time gap between a last occupied resource ( interpreted as “a previously reserved SL resource” ) of the radio resources …and a first resource used for transmission …)(Examiner’s note: As described in para [0125], the first resource (selected SL resource) is located a time gap away from the last occupied resource, thus the discussion in para [0125] teaches the limitation “ the SL resource is located outside of the identified gap from a previously reserved SL resource ”) . Regarding claim 11, it is a method claim corresponding to the User Equipment ( UE) claim 1, and is therefore rejected for the similar reasons set forth in the rejection of claim 1. With respect to dependent claims: Regarding Claim 2 , Oliveira Da Costa teaches The UE of claim 1, wherein the gap is identified and the SL resource is selected during a candidate SL resource selection procedure in a physical (PHY) layer or in a SL resource selection and reselection procedure in a medium access control (MAC) layer (para [0125]: the transceiver is configured to select resources out of the radio resources … for transmitting a signal such that a time gap between a last occupied resource of the radio resources …and a first resource used for transmission …) (para [0089]: Based on the observed reservations and access priority, the physical layer of the UE considers 20, 35 or 50% of the best resource candidates from a selection window and reports the candidate radio resource to the MAC layer. Finally, the resources are selected randomly from candidate resources by the MAC layer ) . Regarding Claim 3 , Oliveira Da Costa teaches The UE of claim 1, wherein the gap is identified in a first number of SL slots, a first number of SL symbols, or a first number of SL resources that is required to be sensed as an idle state for the time duration (para [0 210 ]: CPE ( “Cyclic Prefix Extension” , see Fig. 10 ) can be used to ensure that the gap between transmissions is below 16 or 25 μs , respectively. … A UE may choose the amount of CPE it needs based on the CCA ( interpreted as “ that is required to be sensed as an idle state for the time duration ” ) and its own timing reference for SL frame/symbol timing to keep the timing gap below 16 or 25 μs . ) . Regarding Claim 4 , Oliveira Da Costa teaches The UE of claim 3, wherein the first number of SL slots, the first number of SL symbols, or the first number of SL resources is associated with a SL channel access priority class or a result of a previous channel sensing operation (para [0089]: … Based on the observed reservations and access priority , the physical layer of the UE considers 20, 35 or 50% of the best resource candidates from a selection window and reports the candidate radio resource to the MAC layer. Finally, the resources are selected randomly from candidate resources by the MAC layer.) . Regarding Claim 6 , Oliveira Da Costa teaches The UE of claim 1, wherein: the processor is further configured to identify the gap in a third number of SL slots, a third number of SL symbols, or a third number of SL resources (para [0125]: the transceiver is configured to select resources out of the radio resources ( interpreted as “a third number of SL slots, a third number of SL symbols, or a third number of SL resources” ) … for transmitting a signal such that a time gap ( interpreted as “the gap is identified in … ” ) between a last occupied resource of the radio resources [e.g., the resource pool] [e.g., occupied by the transceiver or another transceiver of the wireless communication system] and a first resource used for transmission …) , and the third number of SL slots, the third number of SL symbols, or the third number of SL resources is: configured by system information, or a UE dedicated RRC message , or pre-configured or based on a pre-determined value (para [0125]: The physical resource grid may comprise a set of resource elements ( interpreted as “the third number of SL symbols, or the third number of SL resources” ) to which various physical channels and physical signals are mapped . For example, the physical channels may include the physical downlink, uplink and sidelink shared channels (PDSCH, PUSCH, PSSCH) carrying user specific data, also referred to as downlink, uplink and sidelink payload data, the physical broadcast channel (PBCH) carrying for example a master information block (MIB), the physical downlink shared channel (PDSCH) carrying for example a system information block (SIB), the physical downlink, uplink and sidelink control channels (PDCCH, PUCCH, PSSCH) carrying for example the downlink control information (DCI), the uplink control information (UCI) and the sidelink control information (SCI) ( interpreted as “configured by system information … or pre-configured” )) (para [0085]: a sidelink configured grant is set or stopped via RRC signaling ( interpreted as “a UE dedicated RRC message” )) . Regarding Claim 7 , Oliveira Da Costa teaches The UE of claim 1, wherein the processor is further configured to: measure a channel busy ratio on the SL unlicensed band (para [0176]: The UEs which transmit at the beginning of the resource pool period, perform a CCA before the period starts to evaluate if the channel is free for the time given by the band regulation ( interpreted as “a channel busy ratio” ) (e.g., LBT type 2B). This regulated time may be different depending on whether the radio resource pool can be classified as FBE (frames of 1 to 10 ms ) or not. If the radio resource pool has a short period, dynamic channel access (LBE) regulation may apply and the CCA can involve the complete LBT for LBE (LBT type 1)) ; and identify the gap in a fourth number of SL slots, a fourth number of SL symbols, or a fourth number of SL resources based on the measured channel busy ratio (para [0125]: the transceiver is configured to select resources out of the radio resources ( interpreted as “a fourth number of SL resources” ) … for transmitting a signal such that a time gap between a last occupied resource of the radio resources [e.g., the resource pool] [e.g., occupied by the transceiver or another transceiver of the wireless communication system] and a first resource used for transmission …) . Regarding Claim 8 , Oliveira Da Costa teaches The UE of claim 7, wherein: the fourth number of SL slots, the fourth number of SL symbols, or the fourth number of SL resources is: configured by system information, or a UE dedicated RRC message, or pre-configured or based on pre-determined value (para [0125]: The physical resource grid may comprise a set of resource elements ( interpreted as “the fourth number of SL slots, the fourth number of SL symbols, or the fourth number of SL resources” ) to which various physical channels and physical signals are mapped . For example, the physical channels may include the physical downlink, uplink and sidelink shared channels (PDSCH, PUSCH, PSSCH) carrying user specific data, also referred to as downlink, uplink and sidelink payload data, the physical broadcast channel (PBCH) carrying for example a master information block (MIB), the physical downlink shared channel (PDSCH) carrying for example a system information block (SIB), the physical downlink, uplink and sidelink control channels (PDCCH, PUCCH, PSSCH) carrying for example the downlink control information (DCI), the uplink control information (UCI) and the sidelink control information (SCI) ( interpreted as “configured by system information … or pre-configured” )) (para [0085]: a sidelink configured grant is set or stopped via RRC signaling ( interpreted as “a UE dedicated RRC message” )) ; and the gap is identified based on a comparison of the measured channel busy ratio with a threshold (para [0176]: The UEs which transmit at the beginning of the resource pool period, perform a CCA before the period starts to evaluate if the channel is free for the time given by the band regulation ( interpreted as “a channel busy ratio” ) (e.g., LBT type 2B). This regulated time may be different depending on whether the radio resource pool can be classified as FBE (frames of 1 to 10 ms ) or not. If the radio resource pool has a short period, dynamic channel access (LBE) regulation may apply and the CCA can involve the complete LBT for LBE (LBT type 1)) . Regarding claim 12 , Claim 12 has similar limitation as of Claim(s) 2, therefore it is rejected under the same reasons as Claim(s) 2. Regarding claim 13 , Claim 13 has similar limitation as of Claim(s) 3, therefore it is rejected under the same reasons as Claim(s) 3. Regarding claim 14 , Claim 14 has similar limitation as of Claim(s) 4, therefore it is rejected under the same reasons as Claim(s) 4. Regarding claim 16 , Claim 16 has similar limitation as of Claim(s) 6, therefore it is rejected under the same reasons as Claim(s) 6. Regarding claim 17 , Claim 17 has similar limitation as of Claim(s) 7, therefore it is rejected under the same reasons as Claim(s) 7. Regarding claim 18 , Claim 18 has similar limitation as of Claim(s) 8, therefore it is rejected under the same reasons as Claim(s) 8. 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. Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Oliveira Da Costa in view of Lee et al. (U.S. Patent Application Publication No. 2025/0254703 , which claims priority from U.S. Application No. 63/335,201, filed on Apr. 26, 2022, hereinafter “ Lee ” ). Regarding Claim 9 , Oliveira Da Costa teaches A user equipment (UE) (Fig. 8: a plurality of communication devices 302 1 to 302 n , like UEs.) comprising: a transceiver (para [0094]: Embodiments provide a transceiver [e.g., UE] of a 4th or 5th generation mobile communication system [e.g., 4th or 5th generation cellular network], wherein the transceiver is configured to operate in a sidelink mode ) ; and a processor (para [0358]: through the execution of instructions by one or more general purpose or special-purpose processors, or as a combination of hardware and software.) operably coupled to the transceiver, the processor configured to: determine whether a sidelink (SL) unlicensed band is configured for SL transmissions (para [0094]:… wherein the transceiver is configured to operate in a sidelink mode … [e.g., in which radio resources for a sidelink communication are (pre-) configured by the wireless communication system or allocated by a base station of the wireless communication system; or allocated or scheduled autonomously by the transceiver], wherein the transceiver is configured, in the sidelink mode, to transmit or receive signals using radio resources [e.g., a resource pool] in an unlicensed band ( interpreted as “determine whether a sidelink (SL) unlicensed band is configured for a SL transmission” )) (para [0103]: In embodiments, the transceiver is configured to receive a first control signal [e.g., from the base station], the first control signal indicating a start and/or an end of a period during which the radio resources [e.g., the resource pool] can be used by the transceiver for transmitting and/or receiving signals, wherein the transceiver is configured to use the radio resources [e.g., the resource pool] for transmitting and/or receiving signals during the period indicated by the first control signal.) , determine, based on a determination that the SL unlicensed band is configured (para [0094]:… wherein the transceiver is configured, in the sidelink mode, to transmit or receive signals using radio resources [e.g., a resource pool] in an unlicensed band ( interpreted as “based on a determination that the SL unlicensed band is configured” )) , whether a physical (PHY) layer indication is triggered, wherein the PHY layer indication indicates a failure of a channel access operation for a previous SL transmission, and enable a medium access control (MAC) layer to trigger a SL resource selection or reselection procedure based on a determination that the PHY layer indication is triggered . ( Examiner’s note: t he missing/crossed out limitations will be discussed in view of Chin ) Oliveira Da Costa does not explicitly teach the missing/crossed out limitations “ whether a physical (PHY) layer indication is triggered, wherein the PHY layer indication indicates a failure of a channel access operation for a previous SL transmission, and enable a medium access control (MAC) layer to trigger a SL resource selection or reselection procedure based on a determination that the PHY layer indication is triggered ” of claim 9. However, in analogous art, Lee teaches the missing/crossed out limitations. Lee is directed to a method and device for triggering SL resource reselection for retransmission of a specific MAC PDU not transmitted due to SL LBT failure. Lee teaches: “ whether a physical (PHY) layer indication is triggered, wherein the PHY layer indication indicates a failure of a channel access operation for a previous SL transmission” (para [0248] of Lee: A consistent (or continuous) LBT failure recovery procedure may be established by RRC for the MAC entity of the (Tx) UE. If the physical layer of the UE fails to access the channel(s) prior to the intended UL or SL transmission to the base station, the physical layer may notify the MAC layer of the channel access failure ( i.e., LBT failure) ( interpreted as “the PHY layer indication” ))(also see the Specification of Provisional Application No. 63/335,201, page 28: Step 4: The MAC entity of the UE may be configured by RRC with a consistent LBT failure recovery procedure. If the physical layer of the UE fails to access the channel(s) prior to an intended UL or SL transmission to a gNB , Layer 1 notifies the MAC layer about the channel access failure (i.e. LBT failure)) , and enable a medium access control (MAC) layer to trigger a SL resource selection or reselection procedure based on a determination that the PHY layer indication is triggered (para [0250] of Lee: The Tx UE may trigger transmission resource (re)selection based on consistent LBT failure (S1180).)(also see the Specification of Provisional Application No. 63/335,201, page 25: Figure X: Trigger TX resource (re-)selection based on consistent LBT failures.) Oliveira Da Costa and Lee are both considered to be analogous to the claimed invention because they are in the same field of sidelink communication in a wireless communication system.. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oliveira Da Costa to incorporate the teachings of Lee and provide a LBT failure indication to trigger a SL resource selection or reselection procedure based on a determination . Regarding Claim 10 , Oliveira Da Costa and Lee teach The UE of claim 9, Lee further teaches wherein the PHY layer and the MAC layer are functional entities located in the UE (para [0165] of Lee: the physical layer may transmit an LBT failure indication to the MAC entity.) (para [0248] of Lee: If the physical layer of the UE fails to access the channel(s) prior to the intended UL or SL transmission to the base station, , the physical layer may notify the MAC layer of the channel access failure (i.e., LBT failure).) (para [0459] of Lee: the MAC entity of the UE may perform the following for each sidelink process: …). Tentative Indication of Allowable Subject Matter Claims 5 and 1 5 appear to contain allowable subject matters underlined below pending on satisfactory of overcoming above 112 rejection and would be allowable if rewritten in independent form including all of the limitations of the respective base claims and any intervening claims. The claims contain the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed: w herein the processor is further configured to identify the gap based on: a second number of SL slots that is equal to a difference between a number of slots that is required to be sensed as an idle state for the time duration and a previous number of slots that was sensed as the idle state in a previous channel sensing operation based on a listen-before-talk (LBT) operation for the previously reserved SL resource; a second number of SL symbols that is equal to a difference between a number of symbols that is required to be sensed as the idle state for the time duration and a previous number of symbols that was sensed as the idle state in the previous channel sensing operation based on the LBT operation for the previously reserved SL recourse; or a second number of SL resources that is equal to a difference between a number of resources that is required to be sensed as the idle state for the time duration and a previous number of resources that was sensed as the idle state in the previous channel sensing operation based on the LBT operation for the previously reserved SL recourse. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT WON JUN CHOI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-1695 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT MON-FRI 08:00 - 17:00 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Derrick W Ferris can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-3123 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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