Prosecution Insights
Last updated: October 02, 2026
Application No. 18/556,567

SIDELINK CO-CHANNEL CO-EXISTENCE

Non-Final OA §103
Filed
Oct 20, 2023
Priority
Jul 02, 2021 — nonprovisional of PCTCN2021104292
Examiner
TANG, KIET G
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Non-Final)
90%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
751 granted / 830 resolved
+32.5% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
12 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
61.5%
+21.5% vs TC avg
§102
17.2%
-22.8% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 830 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 . Claims 16-42 are pending. Claims 1-15 have been cancelled. Response to Arguments Applicant’s arguments filed on 03/23/2026 have been considered but they are moot in view of the new ground(s) of rejection. 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claims 16-18, 22, 28-31, 35, and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (Pub. No.: US 20190274121 A1), hereinafter Wu, in view of Lee et al. (Pub. No.: US 20190037443 A1), hereinafter Lee, and further in view of in view of Chen et al. (Pub. No.: US 20220061041 A1), hereinafter Chen. With respect to claim 16, Wu teaches An apparatus for wireless communication by a user-equipment (UE), comprising ([0009], UE): one or more memories ([0009], memory); and one or more processors coupled to the one or more memories and configured to cause the UE to ([0009], memory and processor): receive, from a network entity, a configuration for sidelink (SL) between a first protocol stack of the UE and a second protocol stack of the UE ([0121-0126, 0130], receive a message a configuration for sidelink (SL) traffic a first protocol stack of the UE and a second protocol stack / a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT) of the UE), wherein the first protocol stack is for a first radio access technology (RAT) and the second protocol stack is for a second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), wherein the first RAT is different than the second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), and wherein the configuration indicates a layer of the first protocol stack and a layer of the second protocol stack to be used for the ([0126, 0130, 0100], the configuration indicates a layer / identifier of the first protocol stack and a layer / identifier of the second protocol stack to be used for); and communicate, via the second protocol stack, for SL communication in accordance with the configuration ([0121-0126], communicate, via LTE RAT or NR RAT, for SL communication in accordance with the configuration). Wu does not explicitly teach traffic splitting. However, Lee teaches traffic splitting and configuration indicates traffic splitting ([0154], performs traffic splitting based on the received assistance information). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Lee, traffic splitting, into the teachings of Wu, in order to provide an efficient solution in terms of cost for the traffic splitting function (Lee, [0034]). The combination of Wu and Lee does not explicitly teach communicate, via the second protocol stack, at least one transport block (TB) for SL communication. However, Chen teaches communicate, via the second protocol stack, at least one transport block (TB) for SL communication ([0005, 0110], receive the transport block (TB) for SL communication by a protocol stack). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Chen, communicate, via the second protocol stack, at least one transport block (TB) for SL communication, into the teachings of Wu and Lee, in order to improve spectra efficiency (Chen, [0043]). With respect to claim 17, the combination of Wu, Lee, and Chen teaches the apparatus of claim 16. Wu teaches wherein the layers of the first protocol stack and the second protocol stack comprise a packet data convergence protocol (PDCP) layers ([0121], PDCP layers). With respect to claim 18, the combination of Wu, Lee, and Chen teaches the apparatus of claim 16. Wu teaches wherein the layers of the first protocol stack and the second protocol stack comprise a medium access control (MAC) layers ([0121], MAC layers). With respect to claim 22, the combination of Wu, Lee, and Chen teaches the apparatus of claim 16. Wu teaches select a carrier of the second RAT to be used for the SL communication ([0121-0126]); and transmit, to the network entity, an indication of the selected carrier ([0121-0126]). With respect to claim 28, the combination of Wu, Lee, and Chen teaches the apparatus of claim 16. Wu teaches from the layer of the first protocol stack to the layer of the second protocol stack ([0121-0126]). Wu does not explicitly teach the traffic splitting comprises providing a protocol data unit (PDU). However, Lee teaches the traffic splitting comprises providing a protocol data unit (PDU) ([0044, 0081, 0149]). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Lee, the traffic splitting comprises providing a protocol data unit (PDU), into the teachings of Wu, in order to provide an efficient solution in terms of cost for the traffic splitting function (Lee, [0034]). With respect to claim 29, Wu teaches A method for wireless communication by a user-equipment (UE), comprising ([0121-0126], a method for wireless communication by UE): receiving, from a network entity, a configuration for sidelink (SL) between a first protocol stack of the UE and a second protocol stack of the UE ([0121-0126, 0130], receive a message a configuration for sidelink (SL) traffic a first protocol stack of the UE and a second protocol stack / a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT) of the UE), wherein the first protocol stack is for a first radio access technology (RAT) and the second protocol stack is for a second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), wherein the first RAT is different than the second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), and wherein the configuration indicates a layer of the first protocol stack and a layer of the second protocol stack to be used for the ([0126, 0130, 0100], the configuration indicates a layer / identifier of the first protocol stack and a layer / identifier of the second protocol stack to be used for); and communicating, via the second protocol stack, for SL communication in accordance with the configuration ([0121-0126], communicate, via LTE RAT or NR RAT, for SL communication in accordance with the configuration). Wu does not explicitly teach traffic splitting. However, Lee teaches traffic splitting and configuration indicates traffic splitting ([0154], performs traffic splitting based on the received assistance information). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Lee, traffic splitting, into the teachings of Wu, in order to provide an efficient solution in terms of cost for the traffic splitting function (Lee, [0034]). The combination of Wu and Lee does not explicitly teach communicate, via the second protocol stack, at least one transport block (TB) for SL communication. However, Chen teaches communicate, via the second protocol stack, at least one transport block (TB) for SL communication ([0005, 0110], receive the transport block (TB) for SL communication by a protocol stack). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Chen, communicate, via the second protocol stack, at least one transport block (TB) for SL communication, into the teachings of Wu and Lee, in order to improve spectra efficiency (Chen, [0043]). With respect to claim 30, this claim recites the apparatus of claim 17, and it is rejected for at least the same reasons. With respect to claim 31, this claim recites the apparatus of claim 18, and it is rejected for at least the same reasons. With respect to claim 35, this claim recites the apparatus of claim 22, and it is rejected for at least the same reasons. With respect to claim 41, Wu teaches (New) A non-transitory computer-readable medium having instructions stored thereon, that when executed by one or more processors, cause a user-equipment (UE) to ([0009, 0011], a non-transitory computer-readable medium storing code): receive, from a network entity, a configuration for sidelink (SL) between a first protocol stack of the UE and a second protocol stack of the UE ([0121-0126, 0130], receive a message a configuration for sidelink (SL) traffic a first protocol stack of the UE and a second protocol stack / a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT) of the UE), wherein the first protocol stack is for a first radio access technology (RAT) and the second protocol stack is for a second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), wherein the first RAT is different than the second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), and wherein the configuration indicates a layer of the first protocol stack and a layer of the second protocol stack to be used for the ([0126, 0130, 0100], the configuration indicates a layer / identifier of the first protocol stack and a layer / identifier of the second protocol stack to be used for); and communicate, via the second protocol stack, for SL communication in accordance with the configuration ([0121-0126], communicate, via LTE RAT or NR RAT, for SL communication in accordance with the configuration). Wu does not explicitly teach traffic splitting. However, Lee teaches traffic splitting and configuration indicates traffic splitting ([0154], performs traffic splitting based on the received assistance information). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Lee, traffic splitting, into the teachings of Wu, in order to provide an efficient solution in terms of cost for the traffic splitting function (Lee, [0034]). The combination of Wu and Lee does not explicitly teach communicate, via the second protocol stack, at least one transport block (TB) for SL communication. However, Chen teaches communicate, via the second protocol stack, at least one transport block (TB) for SL communication ([0005, 0110], receive the transport block (TB) for SL communication by a protocol stack). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Chen, communicate, via the second protocol stack, at least one transport block (TB) for SL communication, into the teachings of Wu and Lee, in order to improve spectra efficiency (Chen, [0043]). Claims 21 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Wu, in view of Lee, in view of Chen, and further in view of Pan et al. (Pub. No.: US 20200205209 A1), hereinafter Pan. With respect to claim 21, the combination of Wu, Lee, and Chen teaches the apparatus of claim 16. The combination of Wu, Lee, and Chen does not explicitly teach configured to select a sidelink traffic channel (STCH) of the first protocol stack for the SL traffic splitting based on a priority associated with STCH. However, Pan teaches configured to select a sidelink traffic channel (STCH) of the first protocol stack for the SL traffic splitting based on a priority associated with STCH ([0236, 0238, 0241). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Pan, configured to select a sidelink traffic channel (STCH) of the first protocol stack for the SL traffic splitting based on a priority associated with STCH, into the teachings of Wu, Lee, and Chen, in order for handling mobility of a UE with one-to-one sidelink communication in a wireless communication system (Pan, [0002]). With respect to claim 34, this claim recites the apparatus of claim 21, and it is rejected for at least the same reasons. Claims 23-25, 27, 36-38, 40, and 42 and are rejected under 35 U.S.C. 103 as being unpatentable over Wu, in view of Lee. With respect to claim 23, Wu teaches An apparatus for wireless communication by a network entity, comprising ([0126], base station): one or more memories ([0023], memory); and one or more processors coupled to the one or more memories and configured to cause the network entity to ([0023], memory and processor): generate a message that indicates a configuration for sidelink (SL) between a first protocol stack of a user-equipment (UE) and a second protocol stack of the UE ([0121-0126, 0130], generate a message that indicates a configuration for sidelink (SL) between a first protocol stack of a user-equipment (UE) and a second protocol stack / a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT) of the UE), wherein the first protocol stack is for a first radio access technology (RAT) and the second protocol stack is for a second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), the first RAT is different than the second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), and wherein the configuration indicates a layer of the first protocol stack and the second protocol stack to be used for ([0126, 0130, 0100], the configuration indicates a layer / identifier of the first protocol stack and the second protocol stack to be used for); and transmit the message for the UE ([0126, 0130], transmit the message for the UE). Wu does not explicitly teach traffic splitting. However, Lee teaches traffic splitting and configuration indicates traffic splitting ([0154], performs traffic splitting based on the received assistance information). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Lee, traffic splitting, into the teachings of Wu, in order to provide an efficient solution in terms of cost for the traffic splitting function (Lee, [0034]). With respect to claim 24, the combination of Wu and Lee teaches the apparatus of claim 23. Wu teaches the layer comprises a packet data convergence protocol (PDCP) layer ([0121], PDCP layers). With respect to claim 25, the combination of Wu and Lee teaches the apparatus of claim 23. Wu teaches wherein the layer comprise a medium access control (MAC) layer ([0121], MAC layers). With respect to claim 27, the combination of Wu and Lee teaches the apparatus of claim 23. Wu teaches receive, from the UE, an indication of a carrier of the second RAT to be used for SL communication ([0209-0210]); and perform carrier selection for SL scheduling for one or more other UEs based on the carrier ([0209-0210]). With respect to claim 36, Wu teaches A method for wireless communication by a network entity, comprising ([0126], a method for wireless communication by a base station): generating a message that indicates a configuration for sidelink (SL) between a first protocol stack of a user-equipment (UE) and a second protocol stack of the UE ([0121-0126, 0130], generate a message that indicates a configuration for sidelink (SL) between a first protocol stack of a user-equipment (UE) and a second protocol stack / a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT) of the UE), wherein the first protocol stack is for a first radio access technology (RAT) and the second protocol stack is for a second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), the first RAT is different than the second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), and wherein the configuration indicates a layer of the first protocol stack and the second protocol stack to be used for ([0126, 0130, 0100], the configuration indicates a layer / identifier of the first protocol stack and the second protocol stack to be used for); and transmitting the message for the UE ([0126, 0130], transmit the message for the UE). Wu does not explicitly teach traffic splitting. However, Lee teaches traffic splitting and configuration indicates traffic splitting ([0154], performs traffic splitting based on the received assistance information). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Lee, traffic splitting, into the teachings of Wu, in order to provide an efficient solution in terms of cost for the traffic splitting function (Lee, [0034]). With respect to claim 37, this claim recites the apparatus of claim 24, and it is rejected for at least the same reasons. With respect to claim 38, this claim recites the apparatus of claim 25, and it is rejected for at least the same reasons. With respect to claim 40, this claim recites the apparatus of claim 27, and it is rejected for at least the same reasons. With respect to claim 42, Wu teaches A non-transitory computer-readable medium having instructions stored thereon, that when executed by one or more processors, cause a network entity to ([0021, 0023], a non-transitory computer-readable medium: generate a message that indicates a configuration for sidelink (SL) between a first protocol stack of a user-equipment (UE) and a second protocol stack of the UE ([0121-0126, 0130], generate a message that indicates a configuration for sidelink (SL) between a first protocol stack of a user-equipment (UE) and a second protocol stack / a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT) of the UE), wherein the first protocol stack is for a first radio access technology (RAT) and the second protocol stack is for a second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), the first RAT is different than the second RAT ([0121-0126], a first RAT (e.g., an LTE RAT) and a second RAT (e.g., a NR RAT)), and wherein the configuration indicates a layer of the first protocol stack and the second protocol stack to be used for ([0126, 0130, 0100], the configuration indicates a layer / identifier of the first protocol stack and the second protocol stack to be used for); and transmit the message for the UE ([0126, 0130], transmit the message for the UE). Wu does not explicitly teach traffic splitting. However, Lee teaches traffic splitting and configuration indicates traffic splitting ([0154], performs traffic splitting based on the received assistance information). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Lee, traffic splitting, into the teachings of Wu, in order to provide an efficient solution in terms of cost for the traffic splitting function (Lee, [0034]). Claims 26 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Wu, in view of Lee, and further in view of Pan. With respect to claim 26, the combination of Wu and Lee teaches the apparatus of claim 23. The combination of Wu and Lee does not explicitly teach configured to select a sidelink traffic channel (STCH) of the first protocol stack for the SL traffic splitting based on a priority associated with STCH. However, Pan teaches configured to select a sidelink traffic channel (STCH) of the first protocol stack for the SL traffic splitting based on a priority associated with STCH ([0236, 0238, 0241). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing data of the claimed invention to combine the teachings of Pan, to select a sidelink traffic channel (STCH) of the first protocol stack for the SL traffic splitting based on a priority associated with STCH, into the teachings of Wu and Lee, in order for handling mobility of a UE with one-to-one sidelink communication in a wireless communication system (Pan, [0002]). With respect to claim 39, this claim recites the apparatus of claim 26, and it is rejected for at least the same reasons. Allowable Subject Matter Claims 19-20 and 32-33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pub. No.: US 20220014963 A1; “Yeh”, ([0042]) Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TANG whose telephone number is (571)270-7193. The examiner can normally be reached on M-F 8:00-5:00. 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, IAN MOORE can be reached on (571) 272-3085. 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. /KIET TANG/ Primary Examiner, Art Unit 2469
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Prosecution Timeline

Oct 20, 2023
Application Filed
Oct 20, 2023
Response after Non-Final Action
Dec 23, 2025
Non-Final Rejection mailed — §103
Mar 23, 2026
Response Filed
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+11.7%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
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