Office Action Predictor
Last updated: April 15, 2026
Application No. 18/556,567

SIDELINK CO-CHANNEL CO-EXISTENCE

Non-Final OA §102§103
Filed
Oct 20, 2023
Examiner
TANG, KIET G
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
708 granted / 787 resolved
+32.0% vs TC avg
Strong +42% interview lift
Without
With
+41.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
34 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 787 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election /Restrictions REQUIREMENT FOR UNITY OF INVENTION As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art. The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e). When Claims Are Directed to Multiple Categories of Inventions: As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories: (1) A product and a process specially adapted for the manufacture of said product; or (2) A product and a process of use of said product; or (3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or (4) A process and an apparatus or means specifically designed for carrying out the said process; or (5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process. Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c). Restriction is required under 35 U.S.C. 121 and 372. Group I: Claims 1- 15 drawn to an apparatus configured to generate downlink control information (DCI) for scheduling sidelink (SL) communication for a first radio access technology (RAT), the DCI including a carrier indication field (CIF) indicating a carrier of a second RAT for the SL communication, wherein the SL communication is between a first user-equipment (UE) and a second UE, the first RAT being different than the second RAT; and transmit the DCI to at least one of the first UE or the second UE , classified in class H04W74/ 40 . Group II: Claims 16 - 27 are drawn to an apparatus configured to receive, from a base station (BS), a configuration for sidelink (SL) traffic splitting between a first protocol stack of the UE and a second protocol stack 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, the first RAT being different than the second RAT, and wherein the configuration indicates a layer of the first protocol stack and the second protocol stack to be used for the traffic splitting; and communicate, via the second protocol stack, at least one transport block (TB) for SL communication in accordance with the configuration , classified in class H04L4 5 / 645 . The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, lack the same or corresponding special technical features for the following reasons: Groups I-II lack unity of invention because even though the inventions of these groups require the technical feature of an apparatus for wireless communication by a base station/user-equipment (UE), comprising: a memory; and one or more processors coupled to the memory, the memory and the one or more processors being configured to ”, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Chen et al. (Pub. No.: US 20220015070 A1), hereinafter Chen [see paragraph 317]. Applicant’s election without traverse of Group II, claims 1 6 - 27 by STEVEN ROBERTS by telephone on 12 / 08 /2025 is acknowledged. Claims 1 6 - 27 are currently pending in the instant application. Claims 1-15 are withdrawn from further consideration. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 23-25 and 27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al. (Pub. No.: US 20220015070 A1 ), hereinafter Chen . With respect to claim 23 , Chen teaches An apparatus for wireless communication by a base station ( figure 7 , [ 0317 ] , base station ) , comprising: a memory ( [ 0317 ] , memory ) ; and one or more processors coupled to the memory, the memory and the one or more processors being configured to ( [ 0317 ] , processor coupled to the memory ) : generate a message indicating a configuration for sidelink (SL) traffic splitting between a first protocol stack of a user-equipment (UE) and a second protocol stack of the UE ( [ 0196-0198, 0237 ] , gNB generates a message indicating a configuration for sidelink (SL) traffic splitting between a NR RAT of the UE and a LTE 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 ( [ 0196-0198, 0237 ] , a NR RAT and a LTE RAT ) , the first RAT being different than the second RAT ( [ 0196-0198, 0237 ] , the NR RAT being different than the LTE RAT ) , and wherein the configuration indicates a layer of the first protocol stack and the second protocol stack to be used for the traffic splitting ( [ 0196-0198, 0237 ] , the configuration indicates a layer / PDCP, RLC or MAC of the NR RAT being different than the LTE RAT to be used for the traffic splitting ) ; and transmit the message to the UE ( [ 0196-0198, 0217, 0237 ] , gNB transmit s the message to the UE ). With respect to claim 24 , Chen teaches wherein the layer comprises a packet data convergence protocol (PDCP) layer ( [ 0174, 0237 ] ). With respect to claim 25 , Chen teaches wherein the layer comprises a medium access control (MAC) layer ( [ 0237, 0302 ] ). With respect to claim 27 , the combination of Chen and ‘ 041 teaches the method of claim 16. Chen teaches receive, from the UE, an indication of a carrier of the second RAT to be used for SL communication ( [ 0149-0151, 0237 ] ) ; and perform carrier selection for SL scheduling for one or more other UEs based on the carrier ( [ 0237 ] ). 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 1 6 - 18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Chen et al. (Pub. No.: US 20220061041 A1 ), hereinafter ‘041. With respect to claim 16 , Chen teaches An apparatus for wireless communication by a user-equipment (UE), comprising ( figure 7, [0317], wireless device (or UE)) : a memory ( [ 0317 ] , memory ) ; and one or more processors coupled to the memory, the memory and the one or more processors being configured to ( [ 0317 ] , processor coupled to the memory ) : receive, from a base station (BS), a configuration for sidelink (SL) traffic splitting between a first protocol stack of the UE and a second protocol stack of the UE ( [ 0196-0198, 0237 ] , receive, from a base station (BS) /gNB , a configuration for sidelink (SL) traffic splitting between a NR RAT of the UE and a LTE 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 ( [ 0196-0198, 0237 ] , a NR RAT and a LTE RAT ) , the first RAT being different than the second RAT ( [ 0196-0198, 0237 ] , the NR RAT being different than the LTE RAT ) , and wherein the configuration indicates a layer of the first protocol stack and the second protocol stack to be used for the traffic splitting ( [ 0196-0198, 0237 ] , the configuration indicates a layer / PDCP, RLC or MAC of the NR RAT being different than the LTE RAT to be used for the traffic splitting ) ; and communicate, via the second protocol stack, for SL communication in accordance with the configuration ( [ 0237, 0239 ] , communicate, via the NR RAT or LTE RAT, for SL communication in accordance with the configuration ) . Although Chen teaches communicate, via the second protocol stack, for SL communication in accordance with the configuration as set forth above. Chen does not explicitly teach communicate, via the second protocol stack, at least one transport block (TB) for SL communication . However, ‘041 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 ‘041 , communicate, via the second protocol stack, at least one transport block (TB) for SL communication, into the teachings of Chen , in order to improve spectra efficiency ( ‘041 , [0043]). With respect to claim 17 , the combination of Chen and ’04 1 teaches the method of claim 16. Chen teaches wherein the layer comprises a packet data convergence protocol (PDCP) layer ( [0174, 0237]). With respect to claim 18 , the combination of Chen and ‘041 teaches the method of claim 16. Chen teaches wherein the layer comprises a medium access control (MAC) layer ( [ 0237, 0302 ] ). With respect to claim 22 , the combination of Chen and ‘041 teaches the method of claim 16. Chen teaches wherein the layer comprises a medium access control (MAC) layer ( [ 0149-0151, 0237 ] ). Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of ‘041, and further in view of Pan et al. (Pub. No.: US 20200205209 A1 ), hereinafter Pan. With respect to claim 21 , the combination of Chen and ‘041 teaches the method of claim 16. The combination of Chen and ‘041 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 Chen and ‘041 , in order for handling mobility of a UE with one-to-one sidelink communication in a wireless communication system ( Pan , [0002]). Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Pan. With respect to claim 26 , 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 Chen , in order for handling mobility of a UE with one-to-one sidelink communication in a wireless communication system ( Pan , [0002]). Allowable Subject Matter Claims 19-20 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 20160119939 A1; “ HIMAYAT ”, ([ 0022 ]) 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, FILLIN "SPE Name?" \* MERGEFORMAT Ian Moore can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (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
Dec 13, 2025
Non-Final Rejection — §102, §103
Mar 23, 2026
Response Filed

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

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+41.6%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 787 resolved cases by this examiner. Grant probability derived from career allow rate.

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