Prosecution Insights
Last updated: April 19, 2026
Application No. 18/499,114

METHOD AND APPARATUS FOR SIDELINK COMMUNICATION IN UNLICENSED BAND

Non-Final OA §103
Filed
Oct 31, 2023
Examiner
LE, SANG PHUOC
Art Unit
2641
Tech Center
2600 — Communications
Assignee
ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-62.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
7 currently pending
Career history
7
Total Applications
across all art units

Statute-Specific Performance

§103
85.7%
+45.7% vs TC avg
§102
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. This Office Action is based on the amended claims submitted on 03/24/2025. Claims 21-40 are pending. 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 Claims 21-25 and 31-35 are rejected under 35 U.S.C. §103 as being unpatentable over Cheng et al. (US 2024/0007237 A1) in view of Stefanatos at al. (US 2024/0008085 A1). Regarding Claim 21, Cheng teaches a method of a first user equipment (UE) (sidelink transmitting UE), comprising: transmitting, to a second UE (sidelink receiving UE), sidelink control information (SCI) including resource allocation information of a physical sidelink shared channel (PSSCH) via a physical sidelink control channel (PSCCH), [0005], “allocating resources in a resource grid for a physical sidelink control channel (PSCCH), a physical sidelink shared channel (PSSCH), or a physical sidelink frequency channel (PSFCH) based on the resource allocation framework, and transmitting a sub-channel index and a resource block (RB) set index to indicate resource allocation information of the PSCCH, the PSSCH”. Cheng further explains:[0032], “ SCI in Sidelink can include a first-stage SCI and a second-stage SCI, the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index” transmitting, to the second UE (sidelink transmitting UE), sidelink data via the PSSCH based on the SCI, Cheng discloses that sidelink data transmission on physical sidelink shared channel (PSSCH) is performed in accordance with resource allocation information conveyed by sidelink control information (SCI). Cheng states: [0007], “allocating, for the PSSCH, resources of one or multiple of the sub-channels within one or multiple RB sets within the resource pool”. Cheng further states: [0032], “SCI in Sidelink can include a first-stage SCI and a second-stage SCI, the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index”. Additionally, Cheng states: [0038], “the first UE occupies a PSCCH, a PSSCH, or a PSFCH on to an RB according to the resource allocation framework”. wherein when one resource block (RB) set is used for the PSSCH transmission, Cheng, [0030] states: “The resources allocated for PSSCH can be configured to occupy one sub-channel in any RB set.” Cheng [0030] further states that PSSCH may alternatively be configured to occupy multiple sub-channels across multiple RB sets. Accordingly, Cheng explicitly discloses an embodiment in which PSSCH transmission occupies one sub-channel within a single RB set, thereby satisfying the claimed condition “when one resource block (RB) set is used for the PSSCH transmission.” wherein a first subchannel within the RB set overlaps with physical resource blocks (PRBs) within a guard band (GB), Cheng [0005] states: “the at least one intra-cell GB being located between two adjacent RB sets.” Cheng [0021] further states: “the RBs within the intra-cell guard band can be configured to belong to a resource pool… the sub-channel can also be pre-configured to include the RBs within the intra-cell guard band.” Stefanatos further states, [Discussion of FIG. 10] [0168], “legacy continuously defined sidelink subchannels can partially overlap an intra-cell guard band”. This expressly discloses a “subchannel” that “partially overlap[s] an intra-cell guard band” which necessarily includes physical resource blocks (PRBs) within a guard band (GB). wherein the PSSCH is transmitted through PRBs excluding the PRBs, overlapping with GB in the RB set, Cheng teaches that sub-channels may include physical resource blocks within an intra-cell guard band ([0021]), thereby permitting overlap between PSSCH resources and guard-band PRBs. Cheng does not explicitly disclose excluding PRBs overlapping the guard band from PSSCH transmission. Stefanatos teaches [0168], “if the sidelink sub-channels are defined in a legacy fashion in which the sub-channels are consecutive, some sidelink sub-channels may partially overlap with intra-cell guard bands in the unlicensed spectrum, which may lead to these sidelink sub-channel being unusable by certain UEs (e.g., low-capability UEs) in the unlicensed spectrum. Thus, in some case, to help alleviate these issues, side-link sub-channels may be confined within RB sets of the unlicensed spectrum, such that no sidelink sub-channel overlaps an intra-cell guard band." It would have been obvious to one having ordinary skill in the art before the effective filling date to apply the guard-band-avoidance technique of Stefanatos to Cheng’s sidelink PSSCH transmission in order to prevent sidelink transmissions from overlapping guard bands in unlicensed spectrum, thereby improving sidelink usability and regulatory compliance. Regarding Claim 22, Cheng and Stefanatos teach the method of a first user equipment (UE) of Claim 21 above, wherein the subchannels are configured as contiguous resource block (C-RB), Cheng explicitly discloses that sidelink subchannels may be configured as contiguous resource blocks. Cheng states: [0006], “each sub-channel is configured to include resources of a set of contiguous RBs in response to the SL transmission being a contiguous resource block (CRB) transmission” Regarding Claim 23, Cheng and Stefanatos teach the method of a first user equipment (UE) of Claim 21 above, wherein a total number of PRBs used for a TBS determination of the PSSCH transmission, Cheng discloses that PSSCH transmission occupies PRBs within sub-channels and RB sets, and that the amount of allocated resources governs the transmission characteristics. Cheng states: [0007], “allocating, for the PSSCH, resources of one or multiple of the sub-channels within one or multiple RB sets within the resource pool”. Cheng further discloses that sidelink transmission parameters are determined based on the allocated resource structure conveyed by SCI:[0032], “SCI in Sidelink can include a first-stage SCI and a second-stage SCI, the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index” wherein and a number of subchannels used for the transmission of the PSSCH is based on the multiplication of a size of the subchannel and a number of subchannels used for the transmission of the PSSCH, Cheng explicitly defines the size of a subchannel in terms of contiguous RBs and teaches that PSSCH may use multiple subchannels. Cheng states:[0027], “For CRB-based transmission, one sub-channel can be defined as N consecutive RBs within one RB set”. Cheng further states: [0007], “allocating, for the PSSCH, resources of one or multiple of the sub-channels within one or multiple RB sets”. Together, these disclosures teach that the total number of PRBs used for PSSCH transmission is determined by multiplying the number of RBs per subchannel (subchannel size) by the number of subchannel used, which directly corresponds to the claimed basic for TBS determination. Regarding Claim 24, Cheng and Stefanatos teach the method of a first user equipment (UE) of Claim 23 above, wherein the number of subchannels is determined by subchannels occupied for the PSSCH, Cheng explicitly discloses that PSSCH transmission may occupy one or multiple subchannels and that the allocation information identifies which subchannels are used. Cheng states:[0007], “allocating, for the PSSCH, resources of one or multiple of the sub-channels within one or multiple RB sets”. Cheng further discloses that sidelink control information conveys which subchannels are allocated. Specifically, Cheng states: [0032], “SCI in Sidelink can include a first-stage SCI and a second-stage SCI, the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index”. Regarding Claim 25, Cheng and Stefanatos teach the method of a first user equipment (UE) of Claim 21 above, wherein when the refence position of the first start symbol and the reference position of the second start symbol are set for a sidelink bandwidth part (BWP), Cheng explicitly discloses that sidelink operation is configured on a per-sidelink-bandwidth-part basis, and that symbol positions and resource structures are predefined within the sidelink BWP. Cheng states: [0024], “Each interlace 108 can be configured to map the RBs 107 within the SL-U BWP”. Cheng further discloses that sidelink resource pools include RB sets, subchannels, and associated structural parameters configured within the sidelink BWP: [0022], “Each RP 103 can include multiple RB sets 105 and intra-cell GBs”, and [0025], “Sub-channels 109 are configured per RB set”. These disclosures teach that reference position associated with symbols and transmissions are set within a sidelink BWP. transport block size (TBS) transmitted through the PSSCH is calculated by a predetermined value, Cheng teaches that sidelink transmissions follow a preconfigured resource allocation framework, where the amount and position of allocated resources are known in advance and conveyed by sidelink control information. Cheng states: [0032], “SCI in Sidelink can include a first-stage SCI and a second-stage SCI, the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index”. Cheng further states: [0038], “the first UE occupies a PSCCH, a PSSCH, or a PSFCH on to an RB according to the resource allocation framework”. Because the subchannel size, RB set configuration, and symbol structure within the sidelink BWP are preconfigured, the resulting transport block size for the PSSCH is necessarily calculated based on predetermined values derived from that configuration. Regarding Claim 31, Cheng teaches a first user equipment (UE) (sidelink transmitting UE) comprising a processor, wherein the processor causes the first UE to transmit, to a second UE (sidelink receiving UE), sidelink control information (SCI) including resource allocation information of a PSSCH via a PSCCH, Cheng discloses a UE apparatus performing sidelink control information via PSCCH and carrying resource allocation information for PSSCH. Cheng states:[0005], “allocating resources in a resource grid for a physical sidelink control channel (PSCCH), a physical sidelink shared channel (PSSCH), or a physical sidelink frequency channel (PSFCH) based on the resource allocation framework, and transmitting a sub-channel index and a resource block (RB) set index to indicate resource allocation information of the PSCCH, the PSSCH”. Cheng further explains that SCI conveys such allocation information: [0032], “SCI in Sidelink can include a first-stage SCI and a second-stage SCI, the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index”. Because these operations are performed by the UE, Cheng teaches a processor-implemented UE transmitting SCI via PSCCH including resource allocation information of PSSCH. the processor causes the first UE to transmit, to the second UE, sidelink data via the PSSCH based on the SCI, Cheng discloses that sidelink data transmission on a physical sidelink shared channel (PSSCH) is performed in accordance with resource allocation information conveyed by sidelink control information (SCI). Cheng states: [0007], “allocating, for the PSSCH, resources of one or multiple of the sub-channels within one or multiple RB sets within the resource pool”. Cheng further states: [0032], “SCI in Sidelink can include a first-stage SCI and a second-stage SCI, the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index”. Additionally, Cheng states: [0038], “the first UE occupies a PSCCH, a PSSCH, or a PSFCH on to an RB according to the resource allocation framework”. wherein one RB set is used for the PSSCH transmission and a first subchannel within the RB set overlaps with PRBs within a guard band (GB), Cheng discloses RB sets, subchannel, and guard band within sidelink resource pools. Cheng does not explicitly disclose overlapping the guard band from PSSCH transmission. Stefanatos explicitly identifies the problem:[0168], “some sidelink sub-channels may partially overlap with intra-cell guard bands in the unlicensed spectrum” wherein the PSSCH is transmitted through PRBs excluding PRBs overlapping the GB in the RB set, Cheng does not explicitly disclose excluding PRBs overlapping the guard band from PSSCH transmission. Stefanatos teaches the solution:[0168], “side-link sub-channels may be confined within RB sets of the unlicensed spectrum, such that no sidelink sub-channel overlaps an intra-cell guard band” Cheng provides the baseline sidelink PSCCH/PSSCH framework implemented by a UE processor but does not address guard-band overlap. Stefanatos identifies a known sidelink issue in unlicensed spectrum sub-channel overlap with guard bands – and teaches confining sidelink sub-channels within RB sets to avoid such overlap. It would have been obvious to apply this guard-band avoidance technique to Cheng’s sidelink apparatus to prevent sidelink transmissions from overlapping guard bands and thereby improve sidelink usability. Regarding Claim 32, Cheng and Stefanatos teach a first user equipment (UE) of Claim 31 above, wherein the subchannels are configured as contiguous resource block (C-RB), Cheng explicitly discloses that sidelink subchannels may be configured as contiguous resource blocks. Cheng states:[0006], “each sub-channel is configured to include resources of a set of contiguous RBs in response to the SL transmission being a contiguous resource block (CRB) transmission” Regarding Claim 33, Cheng and Stefanatos teach the first UE of Claim 31 above, wherein a total number of PRBs used for a transport block size (TBS) determination of the PSSCH transmission is based on the multiplication of a size of the subchannel and a number of subchannels used for the transmission of the PSSCH, Cheng discloses that subchannels are defined as a fixed number of contiguous resource blocks (RBs) and that PSSCH transmission may occupy one or multiple subchannels within RB sets. Cheng states: [0027], “For CRB-based transmission, one sub-channel can be defined as N consecutive RBs within one RB set.” Cheng further discloses that PSSCH resources may occupy multiple subchannels, stating: [0007], “allocating, for the PSSCH, resources of one or multiple of the sub-channels within one or multiple RB sets within the resource pool” Regarding Claim 34, Chen and Stefanatos teach the first UE of Claim 33 above, wherein the number of subchannels is determined by subchannels occupied for the PSSCH, Cheng explicitly discloses that PSSCH transmission may occupy one or multiple subchannels and that the allocation information identifies which subchannels are used. Cheng states: [0007], “allocating, for the PSSCH, resources of one or multiple of the sub-channels within one or multiple RB sets within the resource pool”. Cheng further discloses that sidelink control information conveys the number an identify of allocated subchannels. Specially, Cheng states: [0032], “the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index.” Regarding Claim 35, Cheng and Stefanatos teach a first user equipment (UE) of Claim 31 above, wherein when the reference position of the first start symbol and the reference position of the second start symbol are set for a sidelink bandwidth part (BWP), Cheng discloses that sidelink operation is configured per sidelink bandwidth part (SL-BWP) and that symbol and resource configurations within the SL-BWP are predefined. Cheng states: [0024], “Interlaces 108 are also configured per SL-U BWP”. Cheng further explains that sidelink resources, including RBs and symbol positions, are structured and indexed within the sidelink BWP: [0022], “The SL-U BWP 102 can include multiple resource pools (RPs) 103 and inter-RP guard bands (inter-RP GBs)” Calculating a transport block size (TBS) transmitted through the PSSCH by a predetermined value, Cheng teaches that sidelink transmission parameters are determined based on preconfigured resource structures and indices conveyed via sidelink control information. Cheng states: [0032], “the first-stage stage SCI can be used to convey resource allocation information of the sub-channel index and the RB set index.” Cheng further discloses that PSSCH transmission follows the predefined allocation framework: [0038], “the first UE occupies a PSCCH, a PSSCH, or a PSFCH on to an RB according to the resource allocation framework”. Because the subchannel size, RB set configuration, symbol structure, and sidelink BWP parameters are preconfigured and signaled via SCI, the resulting transport block size is necessarily determined using predetermined values derived from the configured sidelink framework. Claims 26 and 36 are rejected under 35 U.S.C. §103 as being unpatentable over Cheng et al. (US 2024/0007237 A1), in view of Stefanatos at al. (US 2024/0008085 A1) and further in view of Shokri Razaghi et al. (US 2022/0295560 A1) Regarding Claim 26, Cheng and Stefanatos teach the method of a first user equipment (UE) of Claim 25 above, comprising: determining whether to perform multi-consecutive slots transmission (MCSt) based on a listen-before-talk (LTB) procedure, Cheng does not teach determining MCSt based on LBT procedure. Cheng discloses sidelink PSSCH transmission but does not condition multi-slot transmission on LBT outcomes. Shokri Razaghi supplies the missing teaching that a UE must perform listen-before-talk (LBT) (also referred to as clear channel assessment, CCA) to determine whether transmission may procced in unlicensed spectrum. Shokri Razaghi states: [0049], “For a node … to be allowed to transmit in unlicensed spectrum (e.g., 5 GHz band), it typically needs to perform a clear channel assessment (CCA)” Shokri Razaghi further explains that the outcome of the CCA/LBT determines whether transmission can be initiated: [0049], “This procedure typically includes sensing the medium to be idle for a number of time intervals.” These disclosures teach determining whether transmission is permitted based on an LBT procedure, which is a prerequisite to deciding whether to perform multi-consecutive slot transmission. wherein the slot in which the PSSCH is transmitted is one slot included in the MCSt, if the MCSt is determined, Cheng does not disclose that the slot is one of multiple consecutive slots determined via LBT. Shokri Razaghi further teaches that, once LBT is successful, the transmitting node may occupy the channel for a channel occupancy time (COT), during which multiple transmissions may occur. Shokri Razaghi states: [0049], ”After sensing the medium to be idle, the node is typically allowed to transmit for a certain amount of time, sometimes referred to as transmission opportunity (TXOP). The length of the TXOP depends on regulation and type of CCA that has been performed, but typically ranges from 1 ms to 10 ms. This duration is often referred to as a COT (Channel Occupancy Time)” Shokri Razaghi also explains that transmission occur within the same transmission opportunity acquired by LBT: [0055],” This can enable the transmission of PUCCH carrying UCI feedback as well as PUSCH carrying data and possible UCI within the same transmit opportunity (TXOP) acquired by LBT” These disclosures teach that data transmission slots, including those carrying sidelink data such a PSSCH, are included within the multi-slot transmission interval (COT/TXOP) when MCSt is determined. Accordingly, the slot in which the PSSCH is transmitted is one slot included in the MCSt. Stefanatos further reinforces this concept by teaching sidelink transmission following successful CCA/LBT during acquired COT: [0045],[0050] “ sidelink communication. For instance, the initiating UE may perform a clear channel assessment (CCA) or a category 4 (CAT4) listen-before-talk (LBT) in the shared radio frequency band to contend or acquire the COT” Cheng teaches a sidelink PSSCH transmission but does not address channel access requirements in unlicensed spectrum. Shokri Razaghi teaches determining whether to perform multi-consecutive slot transmission based on an LBT procedure to comply with unlicensed-band access regulations. It would have been obvious to one of ordinary skill in the art to incorporated the LBT-based MCSt determination of Shokri Razaghi into Cheng’s sidelink PSSCH transmission method in order to ensure regulatory-compliant channel access and efficient sidelink transmission in unlicensed spectrum. Regarding Claim 36, Cheng and Stefanatos teach the first user equipment (UE) of Claim 35 above, wherein the processor further causes the first UE perform to: determine whether to perform multi-consecutive slots transmission (MCSt) based on a listen before talk (LBT) procedure, Cheng does not disclose processor logic for LBT-based MCSt determination. Shokri Razaghi supplies the missing teaching that a UE perform listen-before-talk (LBT), also referred to as clear channel assessment (CCA), to determine whether transmission is permitted in unlicensed spectrum. Shokri Razaghi states: [0049], “For a node (e.g., NR-U gNB/UE, LTE-LAA eNB/UE, or WiFi AP/STA)) to be allowed to transmit in unlicensed spectrum (e.g., 5 GHz band), it typically needs to perform a clear channel assessment (CCA)” Shokri Razaghi further explains that channel access determination is made prior to transmission: [0049], “ This procedure typically includes sensing the medium to be idle for a number of time intervals” Wherein the slot in which the PSSCH is transmitted is one slot included in the MCSt, if MCSt is determined, Cheng does not disclose inclusion of the PSSCH slot within an LBT-approved MCSt, Shokri Razaghi supplies the missing teaching that once LBT is successful, the transmitting device may occupy the channel for a channel occupancy time (COT), during which transmission occur. Shokri Razaghi states: [0049], “After sensing the medium to be idle, the node is typically allowed to transmit for a certain amount of time, sometimes referred to as transmission opportunity (TXOP). The length of the TXOP depends on regulation and type of CCA that has been performed, but typically ranges from 1 ms to 10 ms. This duration is often referred to as a COT (Channel Occupancy Time)” Shokri Razaghi further explains that transmissions occur within the same transmission opportunity acquired by LBT: [0055], “This can enable the transmission of PUCCH carrying UCI feedback as well as PUSCH carrying data and possible UCI within the same transmit opportunity (TXOP) acquired by LBT” Cheng teaches a processor-based UE performing sidelink transmission, while Shokri Razaghi teaches processor logic for LBT-based determination of multi-consecutive slot transmission in unlicensed spectrum. It would have been obvious to one of ordinary skill in the art to implement the LBT-based MCSt determination of Shokri Razaghi in the processor-based sidelink UE of Cheng in order to satisfy unlicensed-band channel access requirements and improve sidelink transmission efficiency. Claims 27-30 and 37-40 are rejected under 35 U.S.C. §103 as being unpatentable over Cheng et al. (US 2024/0007237 A1) in view of Stefanatos at al. (US 2024/0008085 A1), and further in view of Kwon et al. (US 2022/0303909 A1) Regarding Claim 27, Cheng and Stefanatos teach the method of a first user equipment (UE) of Claim 21 above, comprising: receiving a downlink (DL) reference signal transmitted by a base station using a beam included in a beam candidate group to be used for sidelink (SL) communication with the second UE, Cheng discloses sidelink communication but does not teach receiving a DL reference signal using a beam candidate group for SL beam selection. Kwon supplies the missing teaching that reception of downlink reference signals transmitted using beams from a serving access node (base station). Kwon states: [0013], “determining, by the first device, that first channel quality measurements of a cellular beam between the first device and a serving access node”. Kwon further explains that such measurements are based on signals transmitted from the serving access node using beams, stating: [0069], “ the cellular beam is used in the estimation of the pathloss between the transmitting UE and the serving access node” These disclosures teach receiving DL reference signals transmitted by a base station using beams that are candidates for sidelink-related power determination. measuring a DL reference signal received power (RSRP) of the DL reference signal, Cheng does not disclose DL RSRP measurement using beams for sidelink purpose. Kwon supplies the missing teaching that measuring received signal power, including RSRP, as part of channel quality measurements. Kwon states: [0064], “ The beam gains are implicitly considered when first UE 405 measures the reference signal received power (RSRP) of the power control RS (q_d) using the associated beam”. Kwon further states: [0115], “the transmitting UE compares the estimated RSRP made at times T1 and T2, where P0 is the difference in the estimated RSRPs. If the estimated RSRPs”, channel quality and pathloss derived from DL beam measurements. Specially, Kwon states: [0013], and “If the estimated RSRPs made at times T1 and T2 are fairly constant, then the transmitting UE applies compensation to P0” determining, a transmit power of the beam included in the beam candidate group based on the measured DL RSRP, Cheng does not disclose beam-based transmit-power determination using DL RSRP. Kwon supplies the missing teaching that determining sidelink transmit power based on measured channel quality and pathloss derived from DL beam measurements. Specially, Kwon states: [0013], “determining, by the first device, a first sidelink transmit power of a sidelink beam between the first device and a second device in accordance with a first sidelink pathloss”. Kwon further explains that pathloss used for determining sidelink transmit power is estimated based on measurements of the cellular beam: [0069], “the cellular beam is used in the estimation of the pathloss between the transmitting UE and the serving access node when a transmission is taking place over the sidelink beam” transmitting SL data to the second UE with the determined transmit power, Kwon explicitly teaches transmitting sidelink data using the determined sidelink transmit power. Kwon states: [0013], “ transmitting, by the first device, to the second device over the sidelink beam, a first frame in accordance with the first sidelink transmit power” Cheng teaches a sidelink communication framework between UEs but does not address beam-based power control using downlink measurements. Kwon teaches receiving DL reference signals using beams in beam candidate group, measuring DL RSRP, and determining sidelink transmit power based on the measured DL RSRP. It would have been obvious to one having ordinary skill in the art before the effective filling date to incorporate the beam-based power determination technique of Kwon into Cheng’s sidelink system in order to improve sidelink quality, coverage, and transmission reliability. Regarding Claim 28, Cheng, Stefanatos, and Kwon teach the method of Claim 27 above, comprising: transmitting, to the second UE, a sidelink (SL) reference signal, Kwon explicitly teaches sidelink transmission between UEs using a sidelink beam. Kwon states that: [0013], “ transmitting, by the first device, to the second device over the sidelink beam, a first frame in accordance with the first sidelink transmit power” receiving, from the second UE, information on an SL RSRP for the SL reference signal, wherein the information on the SL RSRP received from the second UE is further considered in determining the transmit power, Kwon teaches both ways sidelink measurements and feedback of received signal quality. Kwon states: [0078], “measurements using both the sidelink and cellular beams is especially beneficial for transmitting UEs with a single receive antenna panel, due to less beam switching.” Kwon further teaches that such measurements include: [0064], “The beam gains are implicitly considered when first UE 405 measures the reference signal received power (RSRP)”. Kwon also teaches using sidelink-based measurement to determine sidelink transmit power. Specially, Kwon states that: [0014], “estimating, by the first device, a second sidelink pathloss between the first device and the serving access node with respect to the sidelink beam, determining, by the first device, a second sidelink transmit power of the sidelink beam in accordance with the second sidelink pathloss”. These disclosures collectively teach receiving sidelink RSRP information from the second UE and considering that information in determining the sidelink transmit power. Regarding Claim 29, Cheng, Stefanatos, and Kwon teach the method of claim 27 above, wherein measuring DL RSRP(s) for all beam included in the beam candidate group or one or more beams from the beam candidate group, Kwon explicitly teaches measurement channel quality across multiple beams. Kwon states: [0055], “while UE 315 communicates using a plurality of communications beams” Kwon further explains that radio measurements are performed on beams used for communication:[0064], “when utilizing transmission power control. The beam gains are implicitly considered when first UE 405 measures the reference signal received power (RSRP)” measuring a DL RSRP for an arbitrary one beam selected among the beams included in the beam candidate group, Kwon teaches selective beam measurement rather than requiring measurement of all beams. Kwon explains that the transmitting UE may alternate measurements between beams: [0076], “the transmitting UE continues to alternatively measure q_d using the cellular beam and the sidelink beam”. This disclosure teaches measuring channel quality for selected beam among multiple available beams, corresponding to selecting an arbitrary beam for RSRP measurement. measuring a DL RSRP of a beam most recently used in sidelink communication, Kwon explicitly teaches reusing previously used beams for measurements. Kwon states: [0076], “the transmitting UE continues to alternatively measure q_d using the cellular beam and the sidelink beam, the example embodiments are operable with the transmitting UE making only one (or any other specified number) measurement of q_d using the cellular and sidelink beams.” This disclosure teaches measuring channel quality on the beam most recently used for sidelink transmission. measuring a DL RSRP for a beam to be used for the sidelink communication, Kwon teaches performing measurements on beam intended for subsequent sidelink transmission. Kwon states:[0066], “ estimating the pathloss between the transmitting UE and the serving access node with respect to the beam used by the transmitting UE to communicate with the receiving UE (referred to herein after as sidelink beam)” Regarding Claim 30, Cheng, Stefanatos, and Kwon teach method of Claim 27 above, wherein measuring of the DL RSRP using the beam included in the beam candidate group, Kwon teaches beam measuring channel quality of a cellular beam used between the UE and a serving access node. Kwon states: [0013], “determining, by the first device, that first channel quality measurements of a cellular beam between the first device and a serving access node” Kwon further clarifies that such channel quality measurements include received signal power: [0064], “when utilizing transmission power control. The beam gains are implicitly considered when first UE 405 measures the reference signal received power (RSRP)” within a preconfigured measurement window, Kwon teaches performing measurements over defined time intervals and using measurement timing constraints. Kwon explains that measurements and updates are performed over successive instances and intervals, stating: [0076], “he transmitting UE alternates between using the sidelink beam and the cellular beam to measure q_d at consecutive instance”. This disclosure teaches that beam measurements are performed within defined, repeatable measurement periods, corresponding to a preconfigured measurement window. when a number of RSRP measurements of the DL reference signal is less than a preconfigured number, Kwon teaches situations where measurements may be insufficient or unavailable and alternative techniques are used. Kwon explains that relying solely on current measurements may be impractical and states: [0077], “ the transmitting UE typically cannot obtain system information delivered in the SSB due to poor channel condition. Hence, it may take a longer time (on the order of 40 msec) for the transmitting UE to update q_d” This disclosure teaches conditions in which the number of available measurements is limited or insufficient, triggering fallback behavior. determining transmit powers … using a pre-configured DL path loss value or a most recently applied DL PL value, Kwon explicitly teaches using stored or previously estimated pathloss values when determining transmit power. Kwon states: [0009], “pathloss compensation being stored in a memory of the first device.” Kwon further discloses determining sidelink transmit power based on previously estimated pathloss values: [0013], “determining, by the first device, a first sidelink transmit power of a sidelink beam between the first device and a second device in accordance with a first sidelink pathloss.” Regarding Claim 37, Cheng, Stefanatos, and Kwon teach the first UE of Claim 31 above, wherein the processor further causes the first UE perform to receive a downlink (DL) reference signal transmitted by a base station using a beam included in a beam candidate group, Kwon explicitly teaches reception of downlink signals transmitted by a serving access node using beams. Kwon states: [0013], “determining, by the first device, that first channel quality measurements of a cellular beam between the first device and a serving access node” Kwon further explains that the cellular beam transmitted by the access node is used for measurement: [0069], “the cellular beam is used in the estimation of the pathloss between the transmitting UE and the serving access node” These disclosures teach that the UE receives a DL reference signal transmitted by a base station using a beam that is part of a set of candidate beams used for sidelink-related power determination. the processor causes the first UE to measure a DL reference signal received power (RSRP) of the DL reference signal, Kwon explicitly identifies RSRP as a type of radio measurement performed by the UE. Kwon states: [0064], “The beam gains are implicitly considered when first UE 405 measures the reference signal received power (RSRP)” the processor causes the first UE to determine a transmit power of the beam included in the beam candidate group based on the measured DL RSRP, Kwon teaches determining sidelink transmit power based on channel quality and pathloss derived from DL beam measurements. Kwon states: [0013], “determining, by the first device, a first sidelink transmit power of a sidelink beam between the first device and a second device in accordance with a first sidelink pathloss”. Kwon further explains that the sidelink pathloss is estimated using the cellular beam measurement: [0069], “the transmit power. Kwon states: [0013], “ transmitting, by the first device, to the second device over the cellular beam is used in the estimation of the pathloss between the transmitting UE and the serving access node when a transmission is taking place over the sidelink beam” the processor causes the first UE to transmit SL data to the second UE with the determined transmit power, Kwon explicitly teaches transmitting sidelink data using the determined sidelink transmit power. Kwon states: [0013], “ transmitting, by the first device, to the second device over the sidelink beam, a first frame in accordance with the first sidelink transmit power.” This disclosure directly corresponds to transmitting sidelink data to the second UE using the determined transmit power. Regarding Claim 38, Cheng, Stefanatos, and Kwon teach the first UE of Claim 37 above, wherein the processor further causes the first UE perform to transmit an SL reference signal to the second UE, Kwon explicitly teaches sidelink transmission from a first UE to a second UE using a sidelink beam. Kwon states: [0013], “ transmitting, by the first device, to the second device over the sidelink beam, a first frame in accordance with the first sidelink transmit power.” Kwon further explains that sidelink communications are performed directly between devices without routing through a base station [0057], “Transmissions between the two devices are known as sidelink transmissions”. These disclosures teach a processor-controlled UE transmitting sidelink signals to another UE, which necessarily includes sidelink reference signaling used for measurement and power control. receiving information on an SL RSRP for the SL reference signal from the second UE, wherein the information on the SL RSRP… is further considered in determining the transmit power, Kwon explicitly teaches that radio measurement may be exchanged in either direction on a sidelink and that such measurements include RSRP. Kwon states: [0078], “measurements using both the sidelink beam and the cellular beam. Hence, the transmitting UE only estimates the pathloss between the transmitting UE and the serving access node using the cellular beam. Eliminating the need to make estimates (and hence measurements) using both the sidelink and cellular beams is especially beneficial for transmitting UEs with a single receive antenna panel, due to less beam switching.” Kwon further discloses that sidelink transmit power is determined based on sidelink pathloss estimated from such measurements. Kwon states: [0014], “estimating, by the first device, a second sidelink pathloss between the first device and the serving access node with respect to the sidelink beam, determining, by the first device, a second sidelink transmit power of the sidelink beam in accordance with the second sidelink pathloss” Regarding Claim 39, Cheng, Stefanatos, and Kwon teach the first UE of Claim 37 above, wherein when the processor measuring DL RSRP(s) for all beams included in a beam candidate group or one or more beams from the beam candidate group, Kwon explicitly teaches the use of multiple beams for communication and measurement. Kwon states: [0055], “ UE 315 communicates using a plurality of communications beams”. Kwon further discloses that radio measurements include received signal power: [0064], “when utilizing transmission power control. The beam gains are implicitly considered when first UE 405 measures the reference signal received power (RSRP).” Together, these disclosures teach measuring RSRP for multiple beams or a subset of beams within a beam candidate group. measuring a DL RSRP for an arbitrary one beam selected among the beams included in the beam candidate, Kwon teaches selective beam measurement rather than mandatory measurement of all beams. Kwon explains: [0076], “the transmitting UE continues to alternatively measure q_d using the cellular beam and the sidelink beam”. This disclosure teaches selecting one beam among available beams for measurement, corresponding to measuring DL RSRP for an arbitrary selected beam. measuring a DL RSRP of a beam most recently used in sidelink communication, Kwon explicitly teaches reusing recently used beams for measurement. Kwon states: [0076], “the transmitting UE continues to alternatively measure q_d using the cellular beam and the sidelink beam, the example embodiments are operable with the transmitting UE making only one (or any other specified number) measurement of q_d using the cellular and sidelink beams.” Regarding Claim 40, Cheng, Stefanatos, and Kwon teach the first UE of Claim 37 above, wherein in the measuring of the DL RSRP using the beam included in the beam candidate group within a preconfigured measurement window, when a number of RSRP measurements of the DL measurements is less than a preconfigured number, Kwon teaches that DL beam-based measurements may be intermittent of insufficient due to timing and reception constraints, and that channel quality measurements are performed at discrete instances. Kwon states: [0071], “ the transmitting UE alternates between using the sidelink beam and the cellular beam to measure q_d at consecutive instances.” Kwon further explains that measurement availability may be limited, stating: [0077], “the transmitting UE typically cannot obtain system information delivered in the SSB due to poor channel condition. Hence, it may take a longer time (on the order of 40 msec) for the transmitting UE to update q_d” Transmit powers of beams included in the beam candidate group are determined by using a pre-configured DL path loss (PL) value or a most recently applied DL PL value, Kwon explicitly teaches using stored or previous determined pathloss values when determining sidelink transmit power. Kwon states: [0009], “pathloss compensation being stored in a memory of the first device.” Kwon further discloses that sidelink transmit power is determined based on pathloss values: [0013], “ determining, by the first device, a first sidelink transmit power of a sidelink beam between the first device and a second device in accordance with a first sidelink pathloss” These disclosures teach determining transmit power using pre-configured or most recently applied DL pathloss values when current measurement data is insufficient, as recited in Claim 40. Conclusion The following references have been made of record but are not relied upon in the rejections: US 2021/0227505 A1 and US 2019/0306924 A1 were reviewed during examination; however, they are not applied because they are not considered sufficiently pertinent to the limitations of amended claims 21-40. Although these references disclose general sidelink communication concepts, neither reference teaches or suggest the specific SL-U resource-mapping structures recited in Group I (claims 21-26 and 31-36), including RB-set partitioning, subchannel formation, guard-band PRB exclusion, predetermined TBS selection, or MCSt behavior under LBT. Likewise, neither reference teaches the beam-based sidelink transmit-power control required by Group II (claims 27-30 and 37-40), including DL-beam RSRP evaluation, SL-beam RSRP feedback, pathloss aging, stability thresholds, or fallback power-control logic. Since these references do not address the features central to the claimed subject matter, they have been cited merely as background and are not relied upon in support of any rejection. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG PHUOC LE whose telephone number is (571)272-3659. The examiner can normally be reached Monday - Thursday 7:00 am - 5:30 pm. 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, Charles Appiah can be reached at 571-272-7904. 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. SANG PHUOC. LE Examiner Art Unit 2641 /GOLAM SOROWAR/ Primary Examiner, Art Unit 2641
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Prosecution Timeline

Oct 31, 2023
Application Filed
Sep 26, 2024
Response after Non-Final Action
Dec 22, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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