Prosecution Insights
Last updated: August 18, 2026
Application No. 18/559,494

CHANNEL OCCUPANCY INITIATOR DETERMINATION FOR TRANSMISSIONS IN UNLICENSED SPECTRUM

Final Rejection §103
Filed
Nov 07, 2023
Priority
May 07, 2021 — provisional 63/185,959 +1 more
Examiner
CUNNINGHAM, KEVIN M
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Lenovo (United States) Inc.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
432 granted / 603 resolved
+13.6% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
45 currently pending
Career history
646
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
59.3%
+19.3% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 603 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 . 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. Claims 1-4 and 8-11 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al (US 2023/0254896, hereinafter Guo) and in view of Lou et al (US 2020/0374933, hereinafter Lou). Regarding claim 1, Guo discloses a user equipment (“UE”, Fig. 2) apparatus, the apparatus comprising: a transceiver (transceiver, Para [0042]) that receives a scheduling downlink control information (“DCI”) for scheduling a set of physical uplink shared channel (“PUSCH”) transmissions, the set of PUSCH transmissions comprising at least two PUSCH transmissions (the UE can receive DCI that configures PUSCH repetitions, Para [0074], there are multiple repetitions, Fig. 6-7); and a processor (processor, Para [0042]) that: determines a channel occupancy time (“COT”) initiator for each PUSCH transmission of the set of PUSCH transmissions (COT indicator can be transmitted from the BS to the UE, Para [0067], COT can be initiated by the BS, Para [0068], UE can initiate a COT, Para [0070]); wherein the transceiver transmits the set of PUSCH transmissions without transmitting a set of symbols of the set of PUSCH transmissions that overlap with idle periods of the determined set of COTs (UE may refrain from transmitting a PUSCH repetition during one or more symbols that overlap with the idle period in the FFP, Para [0087], in one embodiment UE avoids transmitting in the symbols of the idle period based on BS or UE acquiring the COT, Fig. 9c); but does not explicitly disclose placing each PUSCH transmission of the set of PUSCH transmission in at least one group (obvious to one of ordinary skill that PUSCH transmissions can be put in an abstract group, in this case one “group”); nor wherein a bit in the scheduling DCI indicates the COT initiator for each group of the set of PUSCH transmissions (a base station may transmit a COT indicator to one or more UEs (e.g., using group common downlink control information (DCI)), Para [0067], one group requires one bit/indicator); and does not fully disclose determining a set of COTs associated with the set of PUSCH transmissions based on the determined COT initiator for each PUSCH transmission of the set of PUSCH transmissions. Lou discloses K repetitions can be transmitted across multiple COTs, Para [0284], UE can be configured with K transmission opportunities spanning across one or more COTs to perform K repetitions, Para [0291], therefore a set of COTs are associated with the PUSCH repetitions. Guo discloses repetitions transmitted in multiple COTs initiated by either BS or UE, Fig. 8b. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Luo in the system of Guo in view of Lou in order to improve UL transmission efficiency and robustness of channel access in the unlicensed band. Regarding claims 2 and 17, Guo discloses the apparatus/method of claim 1/14, wherein the processor determines the COT initiator for each PUSCH transmission of the set of PUSCH transmissions based on the scheduling DCI (COT indicator transmitted by the BS to UE, Para [0067], obvious to one of ordinary skill that the DCI can include indicator). Regarding claims 3 and 18, Guo discloses the apparatus/method of claim 2/17, wherein the COT initiator for all PUSCH transmissions of the set of PUSCH transmissions is the same (BS obtains the COT and shares with the UE, the UE can continue to transmit the PUSCH repetitions in the next FFP based on detecting DL transmission from the BS, Para [0083], obvious variation the COT initiator is the same). Regarding claims 4 and 19, Guo discloses the apparatus/method of claim 2/17, wherein the set of PUSCH transmissions are contiguous PUSCH transmissions without a time gap in between transmissions and are associated with the same COT initiator (there is no gap between PUSCH repetitions for the first BS COT, Fig. 7). Regarding claim 8, Guo discloses the apparatus of claim 1, wherein the processor determines the COT initiator for a subset of PUSCH transmissions of the set of PUSCH transmissions based on the scheduling DCI (COT indicator transmitted by the BS to UE, Para [0067], obvious to one of ordinary skill that the DCI can include indicator). Regarding claim 9, Guo discloses the apparatus of claim 1, wherein at least one last symbol of a first PUSCH transmission of the set of PUSCH transmissions is an invalid symbol in response to the first PUSCH transmission and a second PUSCH transmission of the set of PUSCH transmissions having different COT initiators (the last symbols of the transmission are invalid, where BS acquires first COT then the UE acquires the next COT, Fig. 9b/c). Regarding claim 10, Guo the apparatus of claim 1, wherein the set of PUSCH transmissions comprises a subset of PUSCH transmissions associated with repetitions of a transport block (UE may transmit repetitions of PUSCH of the same transport block, Para [0073]). Regarding claim 11, Guo discloses the apparatus of claim 10, wherein the repetitions of the transport block correspond to repetition type B and wherein actual repetitions associated with a nominal repetition have the same COT initiator (PUSCH repetition type B, Para [0075], nominal PUSCH repetition segmented into actual repetition, Para [0076], in this case same COT initiator). Regarding claim 14, Guo discloses a method at a user equipment (“UE”), the method comprising: receiving a scheduling downlink control information (“DCI”) for scheduling a set of physical uplink shared channel (“PUSCH”) transmissions, the set of PUSCH transmissions comprising at least two PUSCH transmissions (the UE can receive DCI that configures PUSCH repetitions, Para [0074], there are multiple repetitions, Fig. 6-7); determining a channel occupancy time (“COT”) initiator for each PUSCH transmission of the set of PUSCH transmissions (COT indicator can be transmitted from the BS to the UE, Para [0067], COT can be initiated by the BS, Para [0068], UE can initiate a COT, Para [0070]); and transmitting the set of PUSCH transmissions without transmitting a set of symbols of the set of PUSCH transmissions that overlap with idle periods of the determined set of COTs. (UE may refrain from transmitting a PUSCH repetition during one or more symbols that overlap with the idle period in the FFP, Para [0087], in one embodiment UE avoids transmitting in the symbols of the idle period based on BS or UE acquiring the COT, Fig. 9c); but does not explicitly disclose placing each PUSCH transmission of the set of PUSCH transmission in at least one group (obvious to one of ordinary skill that PUSCH transmissions can be put in an abstract group, in this case one “group”); nor wherein a bit in the scheduling DCI indicates the COT initiator for each group of the set of PUSCH transmissions (a base station may transmit a COT indicator to one or more UEs (e.g., using group common downlink control information (DCI)), Para [0067], one group requires one bit/indicator); and does not fully disclose determining a set of COTs associated with the set of PUSCH transmissions based on the determined COT initiator for each PUSCH transmission of the set of PUSCH transmissions. Lou discloses K repetitions can be transmitted across multiple COTs, Para [0284], UE can be configured with K transmission opportunities spanning across one or more COTs to perform K repetitions, Para [0291], therefore a set of COTs are associated with the PUSCH repetitions. Guo discloses repetitions transmitted in multiple COTs initiated by either BS or UE, Fig. 8b. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Luo in the system of Guo in view of Lou in order to improve UL transmission efficiency and robustness of channel access in the unlicensed band. Regarding claim 15, Guo discloses a network node apparatus (base station, Fig. 2), the apparatus comprising: a transceiver (transceiver, Para [0043]) that: transmits, to a user equipment (“UE”), a scheduling downlink control information (“DCI”) for scheduling a set of physical uplink shared channel (“PUSCH”) transmissions, the set of PUSCH transmissions comprising at least two PUSCH transmissions (the UE can receive DCI that configures PUSCH repetitions, Para [0074], there are multiple repetitions, Fig. 6-7); and receives, from the UE, the set of PUSCH transmissions, the set of PUSCH transmissions not comprising a set of symbols that overlap with idle periods of a set of channel occupancy times (“COTs”) (UE may refrain from transmitting a PUSCH repetition during one or more symbols that overlap with the idle period in the FFP, Para [0087], in one embodiment UE avoids transmitting in the symbols of the idle period based on BS or UE acquiring the COT, Fig. 9c); but does not disclose two PUSCH transmissions arranged in at least one group (obvious to one of ordinary skill PUSCH transmissions can be put into an abstract group, in this case one group), nor wherein a bit in the scheduling DCI indicates a channel occupancy time (COT) initiator for each group of the set of PUSCH transmissions (a base station may transmit a COT indicator to one or more UEs (e.g., using group common downlink control information (DCI)), Para [0067], one group requires one bit/indicator); but does not explicitly disclose a set of COTs associated with the set of PUSCH transmissions. Lou discloses K repetitions can be transmitted across multiple COTs, Para [0284], UE can be configured with K transmission opportunities spanning across one or more COTs to perform K repetitions, Para [0291], therefore a set of COTs are associated with the PUSCH repetitions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Luo in the system of Guo in view of Lou in order to improve UL transmission efficiency and robustness of channel access in the unlicensed band. Regarding claim 16, Guo discloses a method performed by a network equipment (NE), comprising: transmitting, to a user equipment (UE), a scheduling downlink control information (DCI) for scheduling a set of physical uplink shared channel (PUSCH) transmissions (the UE can receive DCI that configures PUSCH repetitions, Para [0074], there are multiple repetitions, Fig. 6-7); and receiving, from the UE, the set of PUSCH transmissions not comprising a set of symbols that overlap with idle periods (UE may refrain from transmitting a PUSCH repetition during one or more symbols that overlap with the idle period in the FFP, Para [0087], in one embodiment UE avoids transmitting in the symbols of the idle period based on BS or UE acquiring the COT, Fig. 9c); but does not explicitly disclose the set of PUSCH transmission comprising at least two PUSCH transmissions arranged in at least one group (obvious to one of ordinary skill PUSCH transmissions can be put into an abstract group, in this case one group), nor wherein a bit in the scheduling DCI indicates a channel occupancy time (COT) initiator for each group of the set of PUSCH transmissions (a base station may transmit a COT indicator to one or more UEs (e.g., using group common downlink control information (DCI)), Para [0067], one group requires one bit/indicator); but does not explicitly disclose a set of COTs associated with the set of PUSCH transmissions. Lou discloses K repetitions can be transmitted across multiple COTs, Para [0284], UE can be configured with K transmission opportunities spanning across one or more COTs to perform K repetitions, Para [0291], therefore a set of COTs are associated with the PUSCH repetitions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Luo in the system of Guo in view of Lou in order to improve UL transmission efficiency and robustness of channel access in the unlicensed band. Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Guo, in view of Luo and in view of Rastegardoost et al (US 2022/0322314, hereinafter Rastegardoost, claiming the priority date of provisional application 63/170,722). Regarding claims 5 and 20, Guo discloses the apparatus/method of claim 2/17, but not wherein each PUSCH transmission of the set of PUSCH transmissions has a separate start and length indicator value (“SLIV”) and mapping type. Rastegardoost discloses each PUSCH may have a separate SLIV and mapping type, Para [0273] or Para [0255] from the provisional. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Rastegardoost in the system of Guo in view of Lou in order to improve likelihood of packets being received and scheduling flexibility with multi-PUSCH scheduling DCI. Allowable Subject Matter Claims 6, 12, 13 and 21 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. Response to Arguments Applicant's arguments filed 6/8/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. Applicant states the claim now cites: “a bit in the scheduling DCI indicates the COT initiator for each group of the set of PUSCH transmissions” and a bit that identifies on a per-group basis, the entity that initiated the COT associated with the group. Applicant states there is a DCI field with X bits where the PUSCHs are grouped into X groups. Applicant admits Gou discloses a COT indicator via DCI but not on a per-group basis. Applicant argues against Lou as also not disclosing the limitation. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., X bits or bits in the field) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant argues over a DCI field of a predetermined size (e.g. X bits) and PUSCHs are grouped into X groups and each bit identifies the COT initiator of each group. The claim only requires the PUSCH transmission to be placed in at least one group, therefore one group. It is a simple abstract idea to place the PUSCH transmission into a “group”. One group would only require 1 bit in the DCI to indicate the COT initiator. Further the claim states “a bit” not a field with bits or a bitmap. Applicant already admitted Gou discloses the COT indicator in DCI. Applicant further argues a bit in the scheduling DCI identifies, for each group, the entity that initiated the COT associated with the group. Applicant gives an example where two groups may occupy two different COTs that were each initiated by the same entity. In response, the claim does not require two groups but only a single group (at least one group), which would require only a single bit indicator to indicate the COT initiator. Further, based on Applicant’s argument, it is not clear how a single bit can indicate the COT initiator for multiple different groups, on a per group basis. Conclusion THIS ACTION IS MADE FINAL. 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 KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Nov 07, 2023
Application Filed
Mar 06, 2026
Non-Final Rejection mailed — §103
May 20, 2026
Examiner Interview Summary
May 20, 2026
Applicant Interview (Telephonic)
Jun 08, 2026
Response Filed
Jul 23, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
83%
With Interview (+11.2%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 603 resolved cases by this examiner. Grant probability derived from career allowance rate.

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