Prosecution Insights
Last updated: August 17, 2026
Application No. 18/499,161

CHANNEL OCCUPANCY TIME SHARING ELIGIBILITY

Final Rejection §103
Filed
Oct 31, 2023
Priority
Nov 07, 2022 — provisional 63/382,582
Examiner
PHAM, BRENDA H
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Final)
91%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1073 granted / 1183 resolved
+32.7% vs TC avg
Minimal +2% lift
Without
With
+2.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
32 currently pending
Career history
1201
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
32.5%
-7.5% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1183 resolved cases

Office Action

§103
The Office Action dated 24 April 2026 has been vacated. DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement (IDS) The information disclosure statement (IDS) submitted on 17 July 2024 is being considered by the examiner. Claims 1-30 are pending. Amendments filed on 02/10/2026 introduced significant amendments to claims 12 and 27. Dependent claims 13-18 and 28 depend on claims 12 and 27 respectively. Because Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Therefore, finality in this situation is proper. Response to Arguments Applicant's arguments filed 10 February 2026 have been fully considered but they are not persuasive. Applicant argues in Remark, page 10, that “YU does not disclose at least “transmit[ting] a second communication in the COT of the transmitting UE, wherein a cast type or a channel type of the second communication is identified based at least in part on at least one of the cast type or the channel type of the first communication.” The Examiner respectfully disagrees with the Applicant’s argument because YU et al. indeed teaches and render obvious the arguable feature. YU et al. teaches the UE 310-2 receive, from a transmitting UE (310-1) a first communication (see 4030, figure 4) associated with a channel occupancy time (COT) of the transmitting UE (sharing COT); and transmit a second communication in the COT of the transmitting UE (Figure 4 shows terminal device 310-2 allowed to transmit a second communication continuously on the shared Channel Occupancy Time (COT) duration via the determined cast type and after it has successfully performed an LBT check and acquired the channel.). Further, YU et al. teaches, see figure 6, the first device 310-1 determines one or more second devices (310-2) to share a channel occupancy time. The first device 310-1 communicates with the second device 310-2 over sidelink in a unicast, groupcast, or broadcast transmission. The sidelink transmission may be unicast, groupcast, multicast or broadcast. PNG media_image1.png 292 389 media_image1.png Greyscale Therefore, it would have been obvious to those having ordinary skills in the art before the effective filing date of the claimed invention for the terminal device 310-1 to transmit information indicating the shared Channel Occupancy Time (COT) includes information whether the transmission is unicast, groupcast or broadcast. Figure 5 of the application illustrates the claimed invention. PNG media_image2.png 549 772 media_image2.png Greyscale Response to Amendment Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-12 and 19-30 are rejected under 35 U.S.C. 103 as being unpatentable over YU et al. (US 2024/0306198 A1). Regarding claims 1, 19, 29 and 30, YU et al. discloses a receiving user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to one or more memories, individually or collectively configured to: receive, from a transmitting UE, a first communication associated with a channel occupancy time (COT) of the transmitting UE and at least one of a cast type or ([0068]: “The terminal device 310-1 transmits 4030 information to the terminal device 310-2. The information indicates the COT to be shared by the first device (i.e., the initiating device...the COT sharing scope can be indicated using corresponding SL cast type.”); and transmit a second communication in the COT of the transmitting UE based at least in part on at least one of the cast type ([0067]: “the terminal device 310-1 may determine the one or more second/responding devices based on a logical relationship with the terminal device 310-1 may include (be given by), for example, whether the one or more second/responding devices communicate with the terminal 310-1 over sidelink in a unicast, groupcast, or broadcast sidelink communication or not;”); [0068]: “In some embodiments, if the terminal device 310-1 determines to share the COT to all SL-U UEs, the COT sharing information can be transmitted via SL broadcast. Alternatively, or in addition, if the terminal device 310-1 determines to share the COT to the targeted SL-U UEs, the COT sharing information may be transmitted via SL groupcast or SL unicast.”). See figure 4. Figure 4 illustrates terminal device 310-2 allowed to transmit a second communication continuously on the shared Channel Occupancy Time (COT) duration via the determined cast type and after it has successfully performed an LBT check and acquired the channel. PNG media_image3.png 902 809 media_image3.png Greyscale YU et al. further teaches, see figure 6, the first device 310-1 determines one or more second devices to share a channel occupancy time. The second device(s) communicate with the terminal device 310-1 over sidelink in a unicast, groupcast, or broadcast sidelink. The sidelink transmission may be unicast, groupcast, multicast or broadcast. PNG media_image1.png 292 389 media_image1.png Greyscale Therefore, it would have been obvious to those having ordinary skills in the art before the effective filing date of the claimed invention for the terminal device 310-1 to transmit information indicating the shared Channel Occupancy Time (COT) includes information whether the transmission is unicast, groupcast or broadcast. Regarding claims 2 and 20, YU et al. teaches wherein the second communication is associated with a same cast type as the first communication. ([0068]: “if the terminal device 310-1 determines to share the COT to all SL-U UEs, the COT sharing information can be transmitted via SL broadcast. Alternatively, or in addition, if the terminal device 310-1 determines to share the COT to the targeted SL-U UEs, the COT sharing information may be transmitted via SL groupcast or SL unicast. For example, if the COT is shared to a group of SL-U UEs, the information can be transmitted via the SL groupcast. Alternatively, if the COT is shared to one specific SL-U UE, the terminal device 310-1 may transmit the information via the SL unicast.”). Regarding claims 3 and 21, YU et al. teaches wherein the first communication has a groupcast cast type, and wherein the second communication has a unicast cast type or the group cast type based at least in part on the first communication having the groupcast cast type. ([0068]: “if the terminal device 310-1 determines to share the COT to the targeted SL-U UEs, the COT sharing information may be transmitted via SL groupcast or SL unicast. For example, if the COT is shared to a group of SL-U UEs, the information can be transmitted via the SL groupcast.”). Regarding claims 4 and 22, YU et al. teaches wherein the first communication has a unicast cast type, and wherein the second communication has the unicast cast type based at least in part on the first communication having the unicast cast type. ([0068]: “if the terminal device 310-1 determines to share the COT to the targeted SL-U UEs, the COT sharing information may be transmitted via SL groupcast or SL unicast. ([0068]: “Alternatively, if the COT is shared to one specific SL-U UE, the terminal device 310-1 may transmit the information via the SL unicast.”) Regarding claims 5 and 23, YU et al. teaches wherein the first communication has a broadcast cast type, and wherein the second communication has a unicast cast type or a groupcast cast type based at least in part on the first communication having the broadcast cast type. ([0068]: “if the terminal device 310-1 determines to share the COT to all SL-U UEs, the COT sharing information can be transmitted via SL broadcast.”), ([0068] “if the COT is shared to a group of SL-U UEs, the information can be transmitted via the SL groupcast.”) Regarding claims 6, 7, YU et al. teaches wherein the second communication has a groupcast cast type and is directed to a UE group including the transmitting UE. ([0068]: “if the COT is shared to a group of SL-U UEs, the information can be transmitted via the SL groupcast.”) Regarding claims 7 and 26, YU et al. teaches wherein the first communication is also directed to the UE group including the transmitted UE, and wherein the UE group includes the receiving UE. ([0068]: “if the COT is shared to a group of SL-U UEs, the information can be transmitted via the SL groupcast.”) Regarding claims 8, 9, 10, 11, 24, 25 and 26 YU et al. teaches wherein the first communication indicates one or more permitted cast types for the second communication. ([0088]: “the terminal device 310-2 receives, from a first device, information indicating channel occupancy time to be shared by the first device and the second device. The information can be transmitted via one of: SL broadcast, SL groupcast, or SL unicast.”), ([0068]: “if the terminal device 310-1 determines to share the COT to all SL-U UEs, the COT sharing information can be transmitted via SL broadcast. Alternatively, or in addition, if the terminal device 310-1 determines to share the COT to the targeted SL-U UEs, the COT sharing information may be transmitted via SL groupcast or SL unicast. For example, if the COT is shared to a group of SL-U UEs, the information can be transmitted via the SL groupcast. Alternatively, if the COT is shared to one specific SL-U UE, the terminal device 310-1 may transmit the information via the SL unicast.”). Therefore, the broadcast, groupcast and unicast are permitted cast types for selecting a cast type among the cast types for the second communication in YU et al. Regarding claims 12 and 27, YU et al. teaches wherein to transmit the second communication based at least in part on at least one of the cast type (see claim mapping above) or the channel type of the first communication the one or more processors are further configured to cause the receiving UE to transmit the second communication based at least in part on the channel type of the first communication, wherein the channel type is a first channel type, and wherein the second communication has a second channel type based at least in part on the first channel type. Claim(s) 11 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over YU et al. (US 2024/0306198 A1) in view of Freda et al. (US 2024/0276549 A1). Regarding claims 11 and 26, YU et al. teaches wherein the first communication is associated with multiple cast types including the cast type, and the one or more processors are individually or collectively configured to select a cast type for the second communication based at least in part on the multiple cast types. ([0068]: “The terminal device 310-1 transmits 4030 information to the terminal device 310-2. The information indicates the COT to be shared by the first device (i.e., the initiating device) and the determined one or more second devices (i.e., the responding device)...the COT sharing scope can be indicated using corresponding SL cast type...if the terminal device 310-1 determines to share the COT to all SL-U UEs, the COT sharing information can be transmitted via SL broadcast. Alternatively or in addition, if the terminal device 310-1 determined to share the COT to the targeted SL-U UEs, the COT sharing information may be transmitted via SL groupcast or SL unicast. For example, if the COT is shared to a group of SL-U UEs, the information can be transmitted via the SL groupcast. Alternatively, if the COT is shared to one specific SL-U UE, the terminal device 310-1 may transmit the information via the SL unicast.”) YU et al. teaches the first communication is associated with multiple cast types. The selection of the cast type for the second communication based on the cast type of the second terminal device. In an alternative, Freda et al. in the same field of invention, teaches ([0005]: “The grant may be obtained from a base station. The grant may also be obtained via the first WTRU selecting a grant. The cast information may indicate a unicast type or a groupcast cast type. The information received may be the first COT information or the cast information.”); ([0230]: “A WTRU may be configured to select a CAPC based on a combination of cast type and LCH configuration.’). It would have been obvious to those having ordinary skills in the art before the effective filing date of the claimed invention to combine Freda et al. with YU et al. so to select a cast type communication. Claim(s) 1, 12-13, 17-19 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over LYU et al. (US 2024/0049284 A1) in view of Sun et al. (US 2021/0092783 A1). Regarding claims 1, 19, 29 and 30, LYU et al. discloses a receiving user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to one or more memories, individually or collectively configured to: receive, from a transmitting UE, a first communication associated with a channel occupancy time (COT) of the transmitting UE and at least one of or a channel type (“The communication method includes: sending, by a first terminal device, a first sidelink channel to a second terminal device over a first sidelink, where the first sidelink channel includes first COT sharing information, and the first COT sharing information satisfies one or more of the following: the first COT sharing information is carried in a first PSSCH of the first sidelink channel”, see Abstract), ([0012]: “a second terminal device including: a communication module configured to receive a first sidelink channel, where the first sidelink channel includes first COT sharing information, and the first COT sharing information is used to indicate that a first terminal device has allocated a first resource within a COT to the second terminal deivce”); and PNG media_image4.png 372 494 media_image4.png Greyscale ; transmit a second communication in the COT of the transmitting UE based at least in part on at least one of the cast type or the channel type of the first communication, ([0039]: “In other words, sidelink data is transmitted between terminal devices over a sidelink. The sidelink data may include data and/or control signaling...the sidelink data may be, for example, a physical sidelink control channel (PSCCH), a PSSCH, a PSCCH demodulation reference signal (DMRS), a PSSCH DMRS, or a physical sidelink feedback channel (PSFCH).” In other words, the first sidelink channel may be, for example, PSCCH carries COT sharing information and based on the PSCCH the second sidelink channel may by be PSSCH or the first sidelink channel may be PSSCH and the second sidelink channel may be PSFCH or the first sidelink channel may be the same as the second sidelink channel. It would have been obvious for those having ordinary skilled in the art before the effective filing date of the claimed invention to transmit/receive data between the first device and the second device in the COT over the sidelink channel(s). In an alternative, Sun et al. in the same field of invention, teaches transmit a second communication in the COT of the transmitting UE, wherein a cast type or a channel type of the second communication is identified based at least in part on at least one of the cast type or the channel type of the first communication. Sun et al. teaches “(the first UE may transmit a sidelink data via a physical sidelink shared channel (PSSCH) and/or sidelink control information (SCI) via a physical sidelink control channel (PSCCH) to a second UE.”). See figure 10A-10B, and 11. PNG media_image5.png 441 517 media_image5.png Greyscale PNG media_image6.png 711 1108 media_image6.png Greyscale It would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to transmit data between devices in the COT via sidelink channel(s). Regarding claims 12 and 27, LYU et al. teaches wherein to transmit the second communication based at least in part on at least one of See LYU et al., figure 6, sidelink channel and/or Sun et al. figures 10A and 10B. Regarding claims 13 and 28, Sun et al. teaches wherein the first channel type is a physical sidelink shared channel type and the second channel type is a sidelink synchronization signal block channel type or feedback channel type. ([0083]: ”In an example, the transceiver 410 is configured to transmit PSSCH data, PSCCH SCI, sidelink COT sharing SCI, sidelink scheduling SCI, and/or physical sidelink feedback channel (PSFCH) ACK/NACK feedbacks to another UE and/or receive PSSCH data, PSCCH SCI, sidelink COT sharing SCI, sidelink scheduling SCI, and/or PSFCH ACK/NACK feedbacks from another UE, for example, by coordinating with the sidelink communication module 408.”) It would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to configure a UE to transmit data on a physical sidelink shared channel (PSSCH) and PSFCH for ACK/NACK feedbacks from another UE. Regarding claims 17 and 18, LYU et al. further teaches wherein the first communication is associated with multiple channel types including the first channel type, and the one or more processors are configured to select the second channel type for the second communication based at least in part on the multiple channel types. ([0039]: “sidelink data is transmitted between terminal devices over a sidelink. The sidelink data may include data and/or control signaling. In some implementations, the sidelink data may be, for example, a physical sidelink control channel (PSCCH), a PSSCH, a PSCCH demodulation reference signal (DMRS), a PSSCH DMRS, or a physical sidelink feedback channel (PSFCH).” See figures 10-14. Therefore, it would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to select a second channel type for communication particular data, such as among permitted channel types PSCCH PSSCH or PSFCH etc. in LYU et al. in view of Sun et al. Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over LYU et al. (US 2024/0049284 A1) in view of Sun et al. (US 2021/0092783 A1) further in view of Liu et al. (US 12,212,513 B2). Regarding claim 14, Sun et al. teaches wherein the first channel type is a feedback channel type (see para.[0083]) Liu et al. in the same field of invention, teaches the second channel type is a sidelink synchronization signal block channel type. Liu et al. teaches (col. 2, lines 10-17), “a method of wireless communication performed by a first sidelink user equipment (UE) may include transmitting, to a second sidelink UE, at least one channel state information reference signal (SCI-RS) in a sidelink synchronization signal block (S-SSB) slot”. It is well known Sidelink Synchronization Signal Block (S-SSB) is a key physical layer structure in New Radio (NR) sidelink communication (e.g., Device-to-Device, V2X, public safety) that enable time and frequency synchronization between devices before data exchange. Therefore, it would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to implement sidelink synchronization signal block (S-SSB) in LYU et al. in view of Sun et al. Claim(s) 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over LYU et al. (US 2024/0049284 A1) in view of Sun et al. (US 2021/0092783 A1) further in view of Liu et al. (US 2024/0040615 A1). Regarding claim 15, Sun et al. fails to teach wherein the first channel type is a sidelink synchronization signal block type and the second channel type is the sidelink synchronization signal block channel type. Liu et al. in the same field of invention, teaches this feature. ([0048]: “a COT across S-SSB slots in an unlicensed wireless communications system, for example, for unlicensed sidelink communications. A wireless communication system may support a first UE and a second UE, wherein the first UE may be a COT initiator (e.g., a UE that initiates a COT), and where the second UE may be a synchronization reference (syncRef) node capable of transmitting S-SSBs and other synchronization signals. In some example, the first UE may perform an LBT procedure to identity a COT having multiple slots during which the first UE may transmit a sielink message. In addition, one or more slots of the COT may be S-SSB slots configured for S-SSB transmissions. As the S-SSB slots may create a gap in data transmissions during the COT, the first UE or the second UE may fill or pad the gap such that the COT is maintained during the S-SSB slots.” Therefore, it would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to combine Liu et al. with LYU et al. in view of Sun et al. so to communicate synchronization signal blocks over COT between UEs, such as that teaching in Liu et al. so to maintaining channel occupancy time across sidelink synchronization signal block slots in unlicensed sidelink. Regarding claim 16, Liu et al. further teaches wherein the transmitting UE is a synchronization reference node of the receiving UE. ([0048]: where the second UE may be a synchronization reference (syncRef) node capable of transmitting S-SSBs and other synchronization signals”. 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 BRENDA H PHAM whose telephone number is (571)272-3135. The examiner can normally be reached 571-272-3135. 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 Jiang can be reached at 571-270-7191. 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. BRENDA H. PHAM Primary Examiner Art Unit 2412 /BRENDA H PHAM/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Show 3 earlier events
Jan 22, 2026
Applicant Interview (Telephonic)
Jan 22, 2026
Examiner Interview Summary
Feb 10, 2026
Response Filed
Apr 24, 2026
Final Rejection mailed — §103
May 17, 2026
Interview Requested
Jun 18, 2026
Examiner Interview (Telephonic)
Jun 18, 2026
Examiner Interview Summary
Jun 25, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

4-5
Expected OA Rounds
91%
Grant Probability
93%
With Interview (+2.1%)
2y 7m (~0m remaining)
Median Time to Grant
High
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