Prosecution Insights
Last updated: April 19, 2026
Application No. 18/559,494

CHANNEL OCCUPANCY INITIATOR DETERMINATION FOR TRANSMISSIONS IN UNLICENSED SPECTRUM

Non-Final OA §103
Filed
Nov 07, 2023
Examiner
CUNNINGHAM, KEVIN M
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
LENOVO (SINGAPORE) PTE. LTD.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
84%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
413 granted / 577 resolved
+13.6% vs TC avg
Moderate +12% lift
Without
With
+12.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
57 currently pending
Career history
634
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 577 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 7-15 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 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 2, Guo discloses the apparatus of claim 1, 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 claim 3, Guo discloses the apparatus of claim 2, 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 claim 4, Guo discloses the apparatus of claim 2, 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 7, Guo discloses the apparatus of claim 1, but not wherein the processor places each PUSCH transmission of the set of PUSCH transmissions in at least one group, a bit in the scheduling DCI indicating the COT initiator for each group of the set of PUSCH transmissions (obvious to one of ordinary skill the repetitions can be grouped together, in one case the repetition can be transmitted in a single COT). 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 12, Guo discloses the apparatus of claim 11, wherein the COT initiator for the subset of PUSCH transmissions is a gNB and a PUSCH of the subset of PUSCH transmissions overlaps with an idle period of the COT corresponding to the COT initiator, the processor determining invalid symbols based on the overlap and dropping remaining symbols of the PUSCH after the determined invalid symbols (segmenting repetition that overlap idle period, Para [0100], BS acquires the COT, the symbols of repetition 5 that overlap the idle period are not transmitted, Fig. 9b). Regarding claim 13, Guo discloses the apparatus of claim 12, wherein the transceiver does not transmit in the determined invalid symbols (PUSCH is segmented around invalid symbols, Para [0078]). 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 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 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. Claim 5 is 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 claim 5, Guo discloses the apparatus of claim 2, 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 Claim 6 is 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 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
Feb 25, 2026
Non-Final Rejection — §103 (current)

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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
72%
Grant Probability
84%
With Interview (+12.2%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 577 resolved cases by this examiner. Grant probability derived from career allow rate.

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