Prosecution Insights
Last updated: April 19, 2026
Application No. 18/360,281

MODE 2 RESOURCE SELECTION ENHANCEMENT

Non-Final OA §103
Filed
Jul 27, 2023
Examiner
CHOUDHURY, FAISAL
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
3 (Non-Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
666 granted / 784 resolved
+26.9% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
38 currently pending
Career history
822
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
14.1%
-25.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 784 resolved cases

Office Action

§103
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/14/2026 has been entered. Claim Rejections - 35 USC § 103 1. 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 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. 2. 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 of this title, 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 1-2, 4, 6-7 and 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No US 2025/0159727 to Qi et al. (hereinafter Qi) in view of U.S. Pre-Grant Publication US 2024/0049283 to Elazzouni et al. (hereinafter Elazzouni) As to claim 1 and 15, Qi discloses a user equipment (UE), comprising: a memory (Qi; Fig.5:501); and a processing circuitry, coupled to the memory, configured to, when executing instructions stored in the memory (Qi; Fig.5:502 and 501), cause the UE to: initiate, after a previous transmission completes, a clear channel assessment (CCA) procedure that includes generating a random backoff number (Qi; [0174]; The SL-U device releases the channel resource after the COT 1 ends (the slot x+8 ends). In this case, if the SL-U device still has to-be-sent data, the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT, selects a random backoff number N (for example, N=9). CCA is used to determine if a channel is idle or busy which is known in the technology) ; the RSW initiates during or after the CCA (Qi; Fig.11; [0174] discloses if the SL-U device still has to-be-sent data, the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT, selects a random backoff number N (for example, N=9), completes backoff after 81 μs (N*T.sub.sl=9*9 μs), and obtains COT 2 to send information. The COT 2 includes 10 slots in total: a slot x+10 to a slot x+19. Because the SL-U device can start information sending only in a next slot, the SL-U device waits and continuously senses the channel during T2. T2 is time of the SL-U device from the completion of the LBT to the end of the slot x+9. Here T2 corresponding to RSW); select one or more resources from the set of candidate resources to enable the SL communication (Qi; Fig.11; [0174] shows and discloses the UE can select resources (i.e SLOT x+1, X+2 etc.) for SL communication); after the selection of the one or more resources, perform a listen before talk (LBT) operation with a cyclic prefix extension (CPE) starting position based on a priority of the SL communication (Qi; Fig.9; [0169]-[0170] discloses performing a listen before talk (LBT) operation with a cyclic prefix extension (CPE). [0174] discloses wherein priority is given to WI-FI devices when resource reservation overlaps between two devices. [0040]-[0042] discloses priority of the user devices and channel access priority ); and after the LBT operation, transmit the SL communication using the one or more resources (Qi; [0174] discloses an SL-U device (referred to as a first terminal device) determines that there is to-be-sent data, and it is assumed that a channel access priority class of the SL-U device is 1, LBT is successfully completed in a slot x, obtained channel occupancy time COT 1 of a channel resource is eight slots (a slot x+1 to a slot x+8), and information is sent to another SL-U device (referred to as a second terminal device) during the COT 1. T1 is time of the SL-U device from the completion of the LBT to the end of the slot x). Qi discloses of performing a resource selection procedure within a resource selection window (RSW) to determine a set of candidate resources, but fails to disclose “in response to traffic for a sidelink (SL) communication arriving at a buffer of the UE, perform a resource selection procedure”. However, Elazzouni discloses in response to traffic for a sidelink (SL) communication arriving at a buffer of the UE, perform a resource selection procedure within a resource selection window (RSW) to determine a set of candidate resources (Elazzouni, [0113]; [0139]; [0181] discloses a SL UE determining large amount of buffered data to be transmitted means SL communication arriving at a buffer. Fig.3; [0074]; [0075] discloses UE performs CCA to gain access to the COT) It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to send the buffered data and thus use the limited resources in an effective way As to claim 2, the rejection of claim 1 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the SL communication comprises an autonomous determination of SL resources as a Mode-2 sidelink communication (Qi; [0146]-[0147]; [0175]). As to claim 4, the rejection of claim 1 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the sidelink type 1 CCA at least in part overlaps with the RSW (Qi; Fig.11 shows T2 overlap with channel access phase). As to claim 6, the rejection of claim 1 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the processing circuitry is further configured to: in response to performing a resource re-selection and-such that a gap exists between traffic arrives and CCA initiation (Qi; [0174] The SL-U device releases the channel resource after the COT 1 ends (the slot x+8 ends). In this case, if the SL-U device still has to-be-sent data, the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT, selects a random backoff number N (for example, N=9). CCA is used to determine if a channel is idle or busy which is known in the technology). As to claim 7, the rejection of claim 1 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the processing circuitry is further configured to: in response to performing a resource re-selection, restart a counter with the CCА after the resource re-selection completes (Qi; [0174] discloses the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT, selects a random backoff number N (for example, N=9), completes backoff after 81 μs (N*T.sub.sl=9*9 μs), and obtains COT 2 to send information). As to claim 11, the rejection of claim 1 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the processing circuitry is further configured to: in response to the one or more resources being reserved with a reservation, perform the CCA over one or more time slots of the one or more resources with the reservation (Qi; [0174] discloses the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT, selects a random backoff number N (for example, N=9), completes backoff after 81 μs (N*T.sub.sl=9*9 μs), and obtains COT 2 to send information) . As to claim 12, the rejection of claim 1 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the processing circuitry is further configured to: in response to completing a type 1 CCA procedure before utilizing an allocated resource, perform a listen before talk (LBT) operation on a beginning 25 microseconds of a gap symbol in a sidelink unlicensed (SL-U) resource allocation, or a last 25 microseconds of the gap symbol, or by a random selection of a position within the gap symbol, wherein the SL-U resource allocation comprises a mode 2 resource allocation or a mode 1 resource allocation with a configured grant (Qi; [0132]). As to claim 13, the rejection of claim 12 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the processing circuitry is further configured to: perform the random selection in response to the SL-U resource allocation comprising an entire LBT bandwidth of at least 25 microseconds (Qi; [0132] discloses Cat 2 LBT with a gap of 25 μs. After sensing that a channel is idle for 25 μs, the NR-U device can access the channel and send information. Here Qi is applied for the 1st alternative); or perform the LBT operation on the last 25 microseconds of the gap symbol in response to the SL-U resource allocation comprising a partial LBT bandwidth of 25 microseconds. As to claim 14, the rejection of claim 1 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the priority is a layer 1 (L1) priority of the SL communication (Qi; [0051] discloses the first indication information is an SCI or a MAC CE from the at least one third terminal device, the SCI or the MAC CE includes the data priority of the at least one third terminal device, and the channel access priority class is associated with a data priority class). As to claim 16, the rejection of claim 15 as listed above is incorporated herein. In addition, Qi-Elazzouni discloses wherein the CCA initiates after an aperiodic traffic arrival, after a previous transmission is completed, or after the resource selection is completed (Qi; [0174]discloses an SL-U device (referred to as a first terminal device) determines that there is to-be-sent data, and it is assumed that a channel access priority class of the SL-U device is 1, LBT is successfully completed in a slot x, obtained channel occupancy time COT 1 of a channel resource is eight slots (a slot x+1 to a slot x+8). if the SL-U device still has to-be-sent data, the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT. Previous transmission ends at slot X+8, then the UE determine that the slot X=9 idle and during the slot x+9, the UE selects resources X+10 to X+19 for sending additional data. Here Qi is applied for the 2nd alternative). Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No US 2025/0159727 to Qi et al. (hereinafter Qi) in view of U.S. Pre-Grant Publication US 2024/0049283 to Elazzouni et al. (hereinafter Elazzouni) in view of U.S. Publication No US 2024/0015744 to Peng et al. (hereinafter Peng) As to claim 10, Qi-Elazzouni discloses of resource reservation for side-link transmission, but fails to disclose of stopping CCA. However, Peng discloses wherein the processing circuitry is further configured to: in response to the one or more resources being reserved, freeze a counter to stop the CCA overlying the one or more resources being reserved (Peng; [0142] discloses If it is detected (sensed) that a current slot (slot) is a busy CCA slot (busy CCA slot), the terminal performs self-deferring (self-deferring) and stops counting of the foregoing counter until the slot becomes an idle CCA slot) It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to use the limited resources in an effective way. Claims 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pre-Grant Publication US 2025/0159710 to Xue et al. (hereinafter Xue) in view of U.S. Publication No US 2025/0159727 to Qi et al. (hereinafter Qi) As to claim19, Xue discloses a baseband processor comprising: a processing circuitry (Xue; [0008]) configured to: perform a clear channel assessment (CCA) Xue; Fig.2:210; [0113] shows and discloses a resource selection window during which the UE select side-link resources from the set of available side-link resources for side-link transmission. Fig.2:205; [0113] shows and discloses the UE first perform sensing at 205 to determine if the resources are available or non-available corresponding to CCA); Xue discloses of selecting resources for side-link communication, but fails to disclose to perform a listen before talk (LBT) operation with a cyclic prefix extension (CPE) starting position based on a priority of the SL communication; and after the LBT operation. However, Qi discloses wherein the CCA comprises a type 1 CCA that includes generating a random backoff number (Qi; [0174]; The SL-U device releases the channel resource after the COT 1 ends (the slot x+8 ends). In this case, if the SL-U device still has to-be-sent data, the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT, selects a random backoff number N (for example, N=9). CCA is used to determine if a channel is idle or busy which is known in the technology): perform a resource selection of one or more resources from a set of candidate resources to enable a sidelink (SL) communication, wherein the resource selection overlaps the ССА (Qi; [0174] discloses (Qi; [0174] discloses a SL UE obtains COT 2 to send information. The COT 2 includes 10 slots in total: a slot x+10 to a slot x+19 which are also reserved by a WI-FI and therefore the first terminal device cannot send data in the slots x+10 to x+19 means the resource selection overlaps the ССА); perform a listen before talk (LBT) operation with a cyclic prefix extension (CPE) starting position based on a priority of the SL communication (Qi; Fig.9; [0169]-[0170] discloses performing a listen before talk (LBT) operation with a cyclic prefix extension (CPE)); and perform the SL communication using the one or more resources after the LBT operation (Qi; [0174] discloses an SL-U device (referred to as a first terminal device) determines that there is to-be-sent data, and it is assumed that a channel access priority class of the SL-U device is 1, LBT is successfully completed in a slot x, obtained channel occupancy time COT 1 of a channel resource is eight slots (a slot x+1 to a slot x+8), and information is sent to another SL-U device (referred to as a second terminal device) during the COT 1. T1 is time of the SL-U device from the completion of the LBT to the end of the slot x). It is obvious for a person of ordinary skilled in the art to combine the teachings before the effective filing date of the invention. One would be motivated to combine the teachings in order to reserve sidelink resources based on the priority of the sidelink message and thus use the limited resources in an effective way As to claim 20, the rejection of claim 19 as listed above is incorporated herein. In addition, Xue-Qi discloses wherein in response to a resource reselection, the processing circuitry maintains a count timer for the type 1 CCA or pauses the count timer and restarts the count timer after the resource reselection (Qi; [0174] discloses the SL-U device detects, at a start moment of a slot x+9, that a channel is idle, starts Type 1 LBT, selects a random backoff number N (for example, N=9), completes backoff after 81 μs (N*T.sub.sl=9*9 μs), and obtains COT 2 to send information. Here Qi is applied for the 1st alternative) As to claim 21, the rejection of claim 19 as listed above is incorporated herein. In addition, Xue-Qi discloses wherein the processing circuitry is further configured to: in response to completing a type 1 CCA procedure before utilizing an allocated resource, perform a listen before talk (LBT) operation on a beginning 25 microseconds or last 25 microseconds of a gap symbol in a sidelink unlicensed (SL-U) resource allocation, wherein performing the LBT operation in the beginning 25 microseconds (us) includes configuring a cyclic prefix extension before a slot boundary (Qi; [0132]). As to claim 22, the rejection of claim 19 as listed above is incorporated herein. In addition, Xue-Qi discloses wherein LBT operation is performed according to a selection of the CPE starting position based on a layer 1 (L1) priority of the SL communication (Qi; [0051] discloses the first indication information is an SCI or a MAC CE from the at least one third terminal device, the SCI or the MAC CE includes the data priority of the at least one third terminal device, and the channel access priority class is associated with a data priority class. Fig.9; [0169]-[0170] discloses performing a listen before talk (LBT) operation with a cyclic prefix extension (CPE)) Allowable Subject Matter Claims 5, 8-9, 17-18 and 23 are objected, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAISAL CHOUDHURY whose telephone number is (571)270-3001. The examiner can normally be reached M-F 8AM-6P.M. 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, Joseph Avellino can be reached at 5712723905. 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. /FAISAL CHOUDHURY/Primary Examiner, Art Unit 2478
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Prosecution Timeline

Jul 27, 2023
Application Filed
Aug 12, 2025
Non-Final Rejection — §103
Nov 05, 2025
Response Filed
Nov 13, 2025
Final Rejection — §103
Jan 06, 2026
Response after Non-Final Action
Jan 14, 2026
Request for Continued Examination
Jan 26, 2026
Response after Non-Final Action
Jan 30, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+15.4%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 784 resolved cases by this examiner. Grant probability derived from career allow rate.

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