Prosecution Insights
Last updated: July 17, 2026
Application No. 18/397,112

SIDELINK FEEDBACK INFORMATION TRANSMISSION METHOD AND COMMUNICATION APPARATUS

Final Rejection §102§103
Filed
Dec 27, 2023
Priority
Jun 30, 2021 — CN 202110736163.6 +1 more
Examiner
GUADALUPE CRUZ, AIXA AMYR
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
12m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
372 granted / 510 resolved
+14.9% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
28 currently pending
Career history
553
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
76.0%
+36.0% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 510 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Responsive to amendments filed 03/18/2026. Claims 1-4, 6-9, 11-14, and 16-19 are amended. Claims 1-20 remain pending. Response to Arguments Applicant's arguments filed 03/18/2026 have been fully considered but they are not persuasive. With regards to the argument that the reference to Sun does not disclose “obtaining a first channel occupancy time (COT) using a listen-before-talk (LBT) mechanism”, the Examiner respectfully disagrees. The reference explicitly discloses “present application describes mechanisms for sharing sidelink channel occupancy time (COT) for sidelink communications in a shared radio frequency band among sidelink UEs. For example, a first UE may contend for a COT in the shared radio frequency band for sidelink communication by performing a listen-before-talk (LBT)” (paragraph 0036). Thus, the reference meets this added claim limitation. Regarding Applicant’s argument that Sun fails to disclose “sending a first indication information to a second terminal, wherein the first indication information indicates that the first COT comprises a first physical sidelink feedback channel (PSFCH) resource”, the Examiner respectfully disagrees. Although Applicant points to other paragraphs in the reference, no mention is done of, for example, paragraph 0124 which explicitly recites: “the SCI 1040 may indicate an LBT type for the PSFCH communication 1020 as shown by the dashed arrow 1005. The LBT type may be a CAT2 LBT or a CAT4 LBT depending on whether the ACK/NACK resource 1042 is within the COT 1002. In the illustrated example of FIG. 10A, the ACK/NACK resource 1042 is within the COT 1002.” Thus, the reference is believed to meet this limitation. Furthermore, the reference to Sun is also believed to meet the limitation “receiving, on the first PSFCH resource, feedback information from the second terminal”. Namely, paragraph 0125 recites “Upon detecting the SCI 1040, the UE 1015b may receive and decode the PSSCH communication 1010 and transmit a PSFCH communication 1020 to the UE 1015a to provide a reception status of the PSSCH communication 1010”. It is also noted that now the claims have been amended to eliminate the language of “from/to a first terminal”. In light of this, claim 1 for example, can be interpreted as any device performing the steps. Namely, the steps could be performed by another UE, as well as by a base station, or another network device. Claim Rejections - 35 USC § 102 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 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) 1-2, 4-7, 9-12, 14-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sun et al. (US Patent Application Publication 2021/0092783; hereinafter Sun). Regarding claim 1 Sun discloses a sidelink feedback information transmission method, comprising: obtaining a first channel occupancy time (COT) using a listen-before-talk (LBT) mechanism (paragraph 0036; a first UE may contend for a COT in the shared radio frequency band for sidelink communication by performing a listen-before-talk (LBT)); sending first indication information to a second terminal, wherein the first indication information indicates that the first COT comprises a first physical sidelink feedback channel (PSFCH) resource (paragraphs 0124, 0126-0128; FIG. 10A, the ACK/NACK resource 1042 is within the COT 1002); and receiving on the first PSFCH resource, feedback information from the second terminal (paragraph 0125, 0127-0128; UE 1015b sends feedback information to UE 1015a). Regarding claim 2 Sun discloses the method according to claim 1, wherein the receiving, on the first PSFCH resource, the feedback information from the second terminal includes: receiving on the first PSFCH resource, first hybrid automatic repeat request (HARQ) information from the second terminal (paragraph 0128; ACK/NACK information), wherein the first HARQ information is a feedback on first data, the first data is data sent by the first terminal to the second terminal within second channel occupancy time, and the first channel occupancy time is later than the second channel occupancy time (fig. 10B; HARQ information is sent in COT outside COT 1002 where data was sent). Regarding claim 4 Sun discloses the method according to claim 2, wherein the method further comprises: sending, to the second terminal, second indication information indicating information about the first data that corresponds to the first HARQ information (paragraphs 0125-0128, fig. 10B; wherein the SCI also includes indication of the location of the PSSCH where data is sent). Regarding claim 5 Sun discloses the method according to claim 4, wherein the information about the first data comprises at least one of a physical sidelink shared channel (PSSCH) source identifier or destination identifier (paragraphs 0071, 0096; parameters related to PSSCH). Regarding claim 6 Sun discloses a sidelink feedback information transmission method, comprising: receiving a first channel occupancy time (COT) using a listen-before-talk (LBT) mechanism (paragraph 0036; a first UE may contend for a COT in the shared radio frequency band for sidelink communication by performing a listen-before-talk (LBT)); receiving first indication information from a first terminal, wherein the first indication information indicates that first COT comprises a first physical sidelink feedback channel (PSFCH) resource (paragraphs 0124, 0126-0128; FIG. 10A, the ACK/NACK resource 1042 is within the COT 1002); and sending, on the first PSFCH resource, feedback information to the first terminal (paragraph 0125, 0127-0128; UE 1015b sends feedback information to UE 1015a). Regarding claim 7 Sun discloses the method according to claim 6, wherein the sending, on the first PSFCH resource, the feedback information includes: sending, on the first PSFCH resource, first hybrid automatic repeat request (HARQ) information to the first terminal (paragraph 0128; ACK/NACK information), wherein the first HARQ information is a feedback on first data, the first data is data received by the second terminal from the first terminal within second channel occupancy time, and the first channel occupancy time is later than the second channel occupancy time (fig. 10B; HARQ information is sent in COT outside COT 1002 where data was sent). Regarding claim 9 Sun discloses the method according to claim 7, wherein the method further comprises: receiving, from the first terminal, second indication information indicating information about the first data that corresponds to the first HARQ information (paragraphs 0125-0128, fig. 10B; wherein the SCI also includes indication of the location of the PSSCH where data is sent); and the sending, on the first PSFCH resource, first hybrid automatic repeat request (HARQ) information to the first terminal includes: sending, on the first PSFCH resource, the first HARQ information to the first terminal based on the second indication information (paragraphs 0125-0128, fig. 10B; wherein the ACK/NACK is in response to decoding the PSSCH). Regarding claim 10 Sun discloses the method according to claim 9, wherein the information about the first data includes at least one of a physical sidelink shared channel (PSSCH) source identifier or destination identifier (paragraphs 0071, 0096; parameters related to PSSCH). Regarding claim 11 Sun discloses a communication apparatus, comprising: a memory storing one or more computer programs (UE 400, memory 404, instructions 406); and a processor connected to the memory (processor 402), wherein the processor is configured to execute the one or more computer programs to perform operations for: obtaining a first channel occupancy time (COT) using a listen-before-talk (LBT) mechanism (paragraph 0036; a first UE may contend for a COT in the shared radio frequency band for sidelink communication by performing a listen-before-talk (LBT)); sending first indication information to a second terminal, wherein the first indication information indicates that first channel occupancy time comprises a first physical sidelink feedback channel (PSFCH) resource (paragraphs 0124, 0126-0128; FIG. 10A, the ACK/NACK resource 1042 is within the COT 1002); and receiving, on the first PSFCH resource, feedback information from the second terminal (paragraph 0125, 0127-0128; UE 1015b sends feedback information to UE 1015a). Regarding claim 12 Sun discloses the apparatus according to claim 11, wherein the processor is further configured to receive the feedback information from the second terminal by: receiving, on the first PSFCH resource, first hybrid automatic repeat request (HARQ) information from the second terminal (paragraph 0128; ACK/NACK information), wherein the first HARQ information is a feedback on first data, the first data is data sent by the first terminal to the second terminal within second channel occupancy time, and the first channel occupancy time is later than the second channel occupancy time (fig. 10B; HARQ information is sent in COT outside COT 1002 where data was sent). Regarding claim 14 Sun discloses the apparatus according to claim 12, wherein the processor is further configured for: sending, second indication information to the second terminal, wherein the second indication information indicates information about the first data that corresponds to the first HARQ information (paragraphs 0125-0128, fig. 10B; wherein the SCI also includes indication of the location of the PSSCH where data is sent). Regarding claim 15 Sun discloses the method according to claim 14, wherein the information about the first data includes at least one of a physical sidelink shared channel (PSSCH) source identifier or destination identifier (paragraphs 0071, 0096; parameters related to PSSCH). Regarding claim 16 Sun discloses a communication apparatus, comprising: a memory storing one or more computer programs (UE 400, memory 404, instructions 406); and a processor connected to the memory (processor 402), wherein the processor is configured to execute the one or more computer programs to perform operations for: receiving a first channel occupancy time (COT) using a listen-before-talk (LBT) mechanism (paragraph 0036; a first UE may contend for a COT in the shared radio frequency band for sidelink communication by performing a listen-before-talk (LBT)); receiving first indication information from a first terminal, wherein the first indication information indicates that first COT comprises a first physical sidelink feedback channel (PSFCH) resource (paragraphs 0124, 0126-0128; FIG. 10A, the ACK/NACK resource 1042 is within the COT 1002); and sending, by the second terminal on the first PSFCH resource, feedback information to the first terminal (paragraph 0125, 0127-0128; UE 1015b sends feedback information to UE 1015a). Regarding claim 17 Sun discloses the apparatus according to claim 16, wherein the processor is further configured to send sending, on the first PSFCH resource, feedback information by: sending, by the second terminal on the first PSFCH resource, first hybrid automatic repeat request (HARQ) information to the first terminal (paragraph 0128; ACK/NACK information), wherein the first HARQ information is a feedback on first data, the first data is data received by the second terminal from the first terminal within second channel occupancy time, and the first channel occupancy time is later than the second channel occupancy time (fig. 10B; HARQ information is sent in COT outside COT 1002 where data was sent). Regarding claim 19 Sun discloses the method according to claim 17, wherein the processor is further configured for: receiving, second indication information from the first terminal, wherein the second indication information indicates information about the first data that corresponds to the first HARQ information (paragraphs 0125-0128, fig. 10B; wherein the SCI also includes indication of the location of the PSSCH where data is sent); and the sending, on the first PSFCH resource, first hybrid automatic repeat request (HARQ) information to the first terminal includes: sending, on the first PSFCH resource, the first HARQ information to the first terminal based on the second indication information (paragraphs 0125-0128, fig. 10B; wherein the ACK/NACK is in response to decoding the PSSCH). Regarding claim 20 Sun discloses the method according to claim 19, wherein the information about the first data includes at least one of a physical sidelink shared channel (PSSCH) source identifier or destination identifier (paragraphs 0071, 0096; parameters related to PSSCH). 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. 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. Claim(s) 3, 8, 13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Sun et al. (US Patent Application Publication 2023/0309117). Regarding claim 3 Sun discloses the method according to claim 2. Sun fails to explicitly disclose but Sun et al., in the same field of endeavor related to sidelink feedback in unlicensed spectrum, discloses wherein the receiving, on the first PSFCH resource, first HARQ information from the second terminal includes: receiving, by the first terminal on the first PSFCH resource, the first HARQ information and second HARQ information from the second terminal, wherein the second HARQ information is a feedback on second data, and the second data is data sent by the first terminal to the second terminal within the first channel occupancy time (paragraphs 0086-0087; wherein a first UE receives multiple HARQ information from a second UE from data received during a first and a second COT, note that in the reference the RB set is equivalent to a COT as per paragraphs 0076-0077). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sun with the teachings of Sun et al., in order to improve sidelink feedback in unlicensed spectrum (Sun et al.: paragraph 0005). Regarding claim 8 Sun discloses the method according to claim 7. Sun fails to explicitly disclose but Sun et al., in the same field of endeavor related to sidelink feedback in unlicensed spectrum, discloses wherein the sending, on the first PSFCH resource, first HARQ information to the first terminal includes: sending, by the second terminal on the first PSFCH resource, the first HARQ information and second HARQ information to the first terminal, wherein the second HARQ information is a feedback on second data, and the second data is data received by the second terminal from the first terminal within the first channel occupancy time (paragraphs 0086-0087; wherein a first UE receives multiple HARQ information from a second UE from data received during a first and a second COT, note that in the reference the RB set is equivalent to a COT as per paragraphs 0076-0077). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sun with the teachings of Sun et al., in order to improve sidelink feedback in unlicensed spectrum (Sun et al.: paragraph 0005). Regarding claim 13 Sun discloses the apparatus according to claim 12. Sun fails to explicitly disclose but Sun et al., in the same field of endeavor related to sidelink feedback in unlicensed spectrum, discloses wherein the processor is further configured to receive first HARQ information by: receiving, on the first PSFCH resource, the first HARQ information and second HARQ information from the second terminal, wherein the second HARQ information is a feedback on second data, and the second data is data sent by the first terminal to the second terminal within the first channel occupancy time (paragraphs 0086-0087; wherein a first UE receives multiple HARQ information from a second UE from data received during a first and a second COT, note that in the reference the RB set is equivalent to a COT as per paragraphs 0076-0077). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sun with the teachings of Sun et al., in order to improve sidelink feedback in unlicensed spectrum (Sun et al.: paragraph 0005). Regarding claim 18 Sun discloses the apparatus according to claim 17. Sun fails to explicitly disclose but Sun et al., in the same field of endeavor related to sidelink feedback in unlicensed spectrum, discloses wherein the processor is further configured to send first HARQ information to the first terminal by: sending, on the first PSFCH resource, the first HARQ information and second HARQ information to the first terminal, wherein the second HARQ information is a feedback on second data, and the second data is data received by the second terminal from the first terminal within the first channel occupancy time (paragraphs 0086-0087; wherein a first UE receives multiple HARQ information from a second UE from data received during a first and a second COT, note that in the reference the RB set is equivalent to a COT as per paragraphs 0076-0077). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Sun with the teachings of Sun et al., in order to improve sidelink feedback in unlicensed spectrum (Sun et al.: paragraph 0005). Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2023/0269769 to Ganesan et al. – that discloses a remote unit 102 (e.g., user equipment) may perform a listen-before-talk procedure. In some embodiments, the remote unit 102 may initiate channel occupancy time sharing for the user equipment based on the listen-before-talk procedure. The channel occupancy time sharing indicates sharing information for at least one uplink communication, at least one sidelink communication, or a combination thereof to be transmitted from the user equipment. In various embodiments, the remote unit 102 may transmit the at least one uplink communication, the at least one sidelink communication, or the combination thereof based on the channel occupancy time sharing. Accordingly, the remote unit 102 may be used for channel occupancy time sharing. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at 571-272-7969. 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. /Aixa Guadalupe-Cruz/ Examiner Art Unit 2466 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
Read full office action

Prosecution Timeline

Dec 27, 2023
Application Filed
Mar 29, 2024
Response after Non-Final Action
Dec 18, 2025
Non-Final Rejection mailed — §102, §103
Mar 18, 2026
Response Filed
May 29, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
92%
With Interview (+19.2%)
3y 6m (~12m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 510 resolved cases by this examiner. Grant probability derived from career allowance rate.

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