Prosecution Insights
Last updated: April 19, 2026
Application No. 18/560,224

TECHNIQUE FOR USING CHANNEL OCCUPANCY TIME

Non-Final OA §102§112
Filed
Nov 10, 2023
Examiner
SIDDIQUI, KASHIF
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1106 granted / 1259 resolved
+29.8% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
34 currently pending
Career history
1293
Total Applications
across all art units

Statute-Specific Performance

§101
6.2%
-33.8% vs TC avg
§103
47.5%
+7.5% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1259 resolved cases

Office Action

§102 §112
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 . DETAILED ACTION Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 50 and 52 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 50 and 52 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the structural components configured to perform the functional steps of the claims. Regarding claim 50, said claim appears to be a device configured to perform the method steps described in Fig. 1 (modules 102, 104, 106). Per the instant specification (see PG-PUB 0386) and Fig. 10, said method steps are performed by processor 1004 in conjunction with memory 1006. Claim 50 lacks such structural detail. Appropriate correction is required. Regarding claim 52, said claim appears to be a device configured to perform the method steps described in Fig. 2 (modules 202, 204, 206). Per the instant specification (see PG-PUB 0389) and Fig. 11, said method steps are performed by processor 1104 in conjunction with memory 1106. Claim 52 lacks such structural detail. Appropriate correction is required. Claim Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (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. Claim(s) 1-3, 5-8, 10-13, 39-41, 43-46, 50, 52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Enhancements for unlicensed band URLLC/IIoT” (R1-2102203) to Samsung. Re: Claim(s) 1, 39, 50, 52 Samsung discloses a method of radio communicating between a radio device and a network node (200) of a radio access network, RAN, using a temporal radio resource associated with a channel occupancy time, COT, the method performed by the radio device comprising or initiating at least one of the steps of: (Fig. 1b and preceding paragraph – UE and gNB initiate respective COTs and share their respective COT) determining if a first COT is initiated by the radio device (pages 4-5 – Issue 4 – UE can initiate a COT … condition is disclosed wherein the UE assumes (i.e. utilizes) that the UE-initiated COT is to be used for UL transmission in the case where the UE has already initiated the UE FFP (i.e. UE determines a first COT is initiated before using said first COT. Pages 5-6 – Issue 6 – UE can share its COT to the gNB after the UE successfully initiates a COT (i.e. the UE can only share its COT after determining that the COT has started)); determining if a second COT is initiated by the network node (Page 5 – Issue 5 and Proposal 7 – UE assumes (i.e. determines) that gNB has initiated a COT if the UE receives an indication in DCI or if the UE detects a DL transmission (i.e. from the gNB) at the beginning (i.e. during) the gNB FFP)); and radio communicating with the network node in the temporal radio resource associated with the first COT or the second COT depending on the determinations (Page 5 – Proposals 5 and 6 – conditions disclosed wherein UE determines whether to use UE-initiated COT or gNB COT for UL transmissions), the radio communicating comprising: receiving from the network node in the temporal radio resource associated with the first COT or the second COT depending on the determinations (implicit from Issue 1 – UE initiates a COT and sharing with a gNB. Per Figs. 1a and 1b and preceding paragraph – gNB or a UE can transmit in the blank blocks (i.e. DL for gNB and UL for UE). The Examiner notes that this would mean that in the case that a gNB is transmitting in a blank block, that such transmission would be a downlink transmission to the UE). Samsung further discloses: A corresponding method performed by a network node (see as analyzed above), as required by claim 39; A radio device (entire document – UE disclosed) corresponding to the method of claim 1, as required by claim 50; and A network node (entire document – gNB disclosed) corresponding to the method of claim 39, as required by claim 52. Re: Claim(s) 2, 40 Samsung discloses wherein the radio communicating comprises: determining, depending on the determinations, whether to use the temporal radio resource associated with first COT or the second COT for the radio communicating (Proposals 5 and 6 - conditions disclosed wherein UE determines whether to use UE-initiated COT or gNB COT for UL transmissions). Re: Claim(s) 3, 41 Samsung discloses wherein the radio communicating comprises: transmitting to the network node in the temporal radio resource associated with the first COT or the second COT depending on the determinations (Proposals 5 and 6 - conditions disclosed wherein UE determines whether to use UE-initiated COT or gNB COT for UL transmissions). Re: Claim(s) 5 Samsung discloses wherein the determinations are indicative of both the first COT being initiated by the radio device and the second COT being initiated by the network node (Proposals 5 and 6 - conditions disclosed wherein UE determines whether to use UE-initiated COT or gNB COT for UL transmissions. Fig. 1b – last image row – both UE and gNB COTs are shared). Re: Claim(s) 6, 43 Samsung discloses wherein determining that the first COT is initiated by the radio device comprises: performing a clear channel assessment, CCA; and transmitting in the first COT if the CCA is indicative of clearance (Page 8 – for unlicensed operation, the transmitter has to perform LBT before the transmission. The Examiner notes that this would mean than in either case of the UE or gNB transmission in the UL and DL respectively, an LBT would be performed prior to said transmission. Page 4 – last bullet – UE allowed to initiate a COT if a LBT procedure can be performed). Re: Claim(s) 7, 44 Samsung discloses wherein determining that the second COT is initiated by the network node comprises receiving a downlink transmission from the network node in the second COT (Issue 5 and Proposal 7 – UE assumes (i.e. determines) that gNB has initiated a COT if the UE receives an indication in DCI or if the UE detects a DL transmission (i.e. from the gNB) at the beginning (i.e. during) the gNB FFP. The Examiner notes that this would mean that the UE is receiving a downlink transmission from the gNB. Page 8 – for unlicensed operation, the transmitter has to perform LBT before the transmission. The Examiner notes that this would mean than in either case of the UE or gNB transmission in the UL and DL respectively, an LBT would be performed prior to said transmission). Re: Claim(s) 8 Samsung discloses wherein at least one or each of the first COT and the second COT uses radio spectrum shared with at least one of a further RAN and a further radio access technology, RAT, other than a RAT used by the RAN (entire document – unlicensed spectrum disclosed throughout). Re: Claim(s) 10, 45 Samsung discloses wherein the radio device refrains from transmitting in the temporal radio resource associated with the second COT if the first COT is initiated by the radio device (Proposal 5 – UE assumes that the configured UL transmission corresponds to the UE-initiated COT. The Examiner notes that this would mean that the UE is not transmitting in the gNB COT). Re: Claim(s) 11, 46 Samsung discloses wherein the radio device transmits in the temporal radio resource associated with second COT if the first COT is initiated by the radio device (Proposal 6 – UE transmits using the gNB-initiated COT in a case where the UL transmission starts after a UE FFP boundary. The Examiner notes that this would mean that a UE-initiated COT was started and the UL transmission occurs after its respective boundary and then the gNB COT is used). Re: Claim(s) 12 Samsung discloses wherein the radio device refrains from receiving in the temporal radio resource associated with the first COT if the second COT is initiated by the network node (Proposal 6 – scenario after the UE FFP boundary and gNB COT is used. Per Fig. 1b, the gNB is assumed to use its own COT for DL transmission; therefore, the UE would receive in the gNB COT and not in the UE COT since the scenario of Proposal 6 occurs outside of the UE FFP boundary). Re: Claim(s) 13 Samsung discloses wherein the radio device receives in the temporal radio resource associated with first COT if the second COT is initiated by the network node (see at least Fig. 1B – UE is capable of receiving DL transmission in blank blocks in the case that both the UE and gNB initiate a COT; therefore the UE is capable of receiving in the gNB COT (i.e. second COT)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KASHIF SIDDIQUI whose telephone number is (571)270-3188. The examiner can normally be reached on M-R 6:00 EST to 16:00 EST. 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, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone 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. /KASHIF SIDDIQUI/Primary Examiner, Art Unit 2415
Read full office action

Prosecution Timeline

Nov 10, 2023
Application Filed
Jan 11, 2026
Non-Final Rejection — §102, §112 (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
88%
Grant Probability
96%
With Interview (+8.7%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1259 resolved cases by this examiner. Grant probability derived from career allow rate.

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