Prosecution Insights
Last updated: May 29, 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
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1064 granted / 1173 resolved
+32.7% vs TC avg
Minimal +2% lift
Without
With
+2.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
17 currently pending
Career history
1192
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
45.8%
+5.8% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1173 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 . 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. 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 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) 1-10 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.”). Regarding claims 6, 7, 24 and 26, 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 and 25, YU et al. teaches wherein the one or more processors are individually or collectively configured to receive a configuration indicating one or more permitted cast types for the second communication, wherein the one or more permitted cast types are based at least in part on the cast type associated with 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 9 and 27, 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.”) Regarding claims 10 and 28, YU et al. teaches wherein a COT sharing indicating of the first communication indicates the one or more permitted cast types. ([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.”). 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. Claims 12-18 and 27-28 depend upon independent claims 1, 19, 29 and comprise the limitation “at least one of the cast type or 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
Read full office action

Prosecution Timeline

Oct 31, 2023
Application Filed
Nov 10, 2025
Non-Final Rejection mailed — §103
Jan 15, 2026
Interview Requested
Jan 22, 2026
Examiner Interview Summary
Jan 22, 2026
Applicant Interview (Telephonic)
Feb 10, 2026
Response Filed
Apr 24, 2026
Final Rejection mailed — §103
May 17, 2026
Interview Requested

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

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
93%
With Interview (+2.0%)
2y 7m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1173 resolved cases by this examiner. Grant probability derived from career allowance rate.

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