Prosecution Insights
Last updated: April 19, 2026
Application No. 18/591,036

SIDELINK COMMUNICATION METHOD AND DEVICE

Non-Final OA §102§103
Filed
Feb 29, 2024
Examiner
WONG, WARNER
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
936 granted / 1048 resolved
+31.3% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
41 currently pending
Career history
1089
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1048 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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. For example, title “Detection of Consistent Listen Before Talk Failure” enables reader to better grasp the purpose of the invention. Examiner acknowledges receipt of preliminary amendment dated 18 April 2024. Claim Objections Claims 6 and 10 are objected to because of the following informalities: Regarding claim 6 and 10, limitation “a carrier” is confusing, as respective base claims 1 and 10 each recite “a first carrier”. 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)(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 1-3, 6-13 and 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Du (US 2023/0209599). Regarding claims 1 and 11, Due describes A sidelink communication method/apparatus (abstract, transmission resources for sidelink transmission), comprising: [at least one processor, wherein the at least one processor is configured to execute instructions to cause the apparatus to perform:] (fig. 7 & para. 155-156, processor 610 coupled with memory 620 comprising program to execute the method) receiving, by a first communication device, configuration information from a network, wherein the configuration information is used by the first communication device to detect consistent listen before talk (LBT) failures that occur in a first resource pool, the configuration information is associated with a first carrier or the first resource pool (fig. 2 step S201 & para. 60 in view of 53, terminal (first communication) device receives from network device configuration information comprising timer & count/counter threshold for detecting LBT failure event on the first resource pool), and the first resource pool belongs to the first carrier (para. 44, on a basis of per carrier, detection of persistent (consistent) LBT failure event on the first resource pool). sending, by the first communication device, first indication information to the network device, wherein the first indication information indicates the first resource pool in which the consistent LBT failures occur (fig. 2 step 203 & para. 69, terminal device sends to network device first message regarding persistent (consistent) LBT failures). Regarding claims 2 and 12, Du describes: the configuration information comprises a maximum quantity of times of the consistent LBT failures and a timer length (Du, fig. 2 step S201 & para. 60 in view of 53, configuration information comprising timer [length] & count/counter threshold (maximum quantity of times) for detecting LBT failure event); a physical (PHY) entity of the first communication device indicates, to a media access control (MAC) entity of the first communication device, the LBT failure that occurs in the first resource pool (Du, para. 62-63, physical layer (PHY entity) detects LBT failure event on the first resource pool & reported to the MAC layer (entity), then para. 64, determination of whether the persistent LBT failure event occurs on the first resource pool may be performed by a MAC layer, where MAC entity starts a timer corresponding to the first resource pool, and increases a count value of a counter corresponding to the first resource pool based on the LBT failures that occur in the first resource pool; and when the count value of the counter reaches the maximum, the MAC entity determines that the consistent LBT failures occur in the first resource). Regarding claims 3 and 13, Du describes: stopping, by the first communication device, resource selection in the first resource pool within predetermined time (Du para. 60-62, after timer (time) & count used to detect LBT failure using first resource pool, terminal device switches to second resource pool (stopping first resource pool), para. 83). Regarding claims 6 and 16, Du describes: wherein when the sidelink comprises a plurality of carriers, the first indication information further indicates a carrier to which the first resource pool belongs (para. 32, network uses 1+ frequencies, where a frequency is also referred to as a carrier, where transmitted message (first indication) indicates detection of persistent (consistent) LBT failure event on the first resource pool is on a basis of per carrier para. 44). Regarding claims 7 and 17, Du describes a sidelink communication method, comprising: [at least one processor, wherein the at least one processor is configured to execute instructions to cause the apparatus to perform:] (fig. 7 & para. 155-156, processor 610 coupled with memory 620 comprising program to execute the method) sending, by a network device, configuration information to a first communication device, wherein the configuration information is associated with a first carrier or a first resource pool, and the first resource pool belongs to the first carrier (fig. 2 step S201 & para. 60 in view of 53, network device sends to terminal (first communication) device configuration information comprising timer & count/counter threshold for detecting LBT failure event on the first resource pool), and the first resource pool belongs to the first carrier (para. 44, on a basis of per carrier, detection of persistent (consistent) LBT failure event on the first resource pool), receiving, by the network device, first indication information from the first communication device, wherein the first indication information indicates the first resource pool in which consistent LBT failures occur (fig. 2 step 203 & para. 69 network device sends receives from terminal (first communication) device first message regarding persistent (consistent) LBT failures). Regarding claims 8 and 18, Du describes: wherein the configuration information comprises a maximum quantity of times of the LBT failures and a timer length (fig. 2 step S201 & para. 60 in view of 53, configuration information comprising timer [length] & count/counter threshold (maximum quantity of times) for detecting LBT failure event). Regarding claims 9 and 19, Du describes: wherein the first indication information further indicates a unicast connection between the first communication device and a second communication device (fig. 2 & para, 68-69, network device receives in step S203 first message (indication information) comprising failure event occurs on first resource pool, the first resource pool being transmission resource used by terminal (first communication) device for sidelink transmission (unicast connection with second communication device), para. 6 & fig. 1. See also abstract). Regarding claims 10 and 20, Du describes: wherein when the sidelink comprises a plurality of carriers, the first indication information further indicates a carrier to which the first resource pool belongs (para. 32, network uses 1+ frequencies, where a frequency is also referred to as a carrier, where transmitted message (first indication) indicates detection of persistent (consistent) LBT failure event on the first resource pool is on a basis of per carrier para. 44). 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 4-5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Du as applied to claim 1 above, and further in view of Xue (US 2021/0410113). Regarding claims 4 and 14, Du already describes using second resource pool on which the consistent LBT failures occur (para. 83, terminal device uses second resource pool where consistent LBT failures occur), but fails to further explicitly describe: receiving, by the first communication device, second indication information from a second communication device, wherein the second indication information indicates a such second resource pool that is on the sidelink. Xue also describes transmission of control information for sidelink communications (title & fig. 4), further describing: receiving, by the first communication device, a second indication information from a second communication device, wherein the second indication information indicates a such second resource pool that is on the sidelink (fig. 5 & 6 and para. 74, UE receiving from WCD, which can be another UE (second communication device), a subsequent SCI message (second indication) comprising plural resource pools (second resource pool) via sidelink for target UEs to use in sidelink communication). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that the first communication device in Du to receive a second indication information from a second communication device indicating a second resource pool on the sidelink as in Xue. The motivation for combining the teachings is that this improves the LTE, NR & other radio access technologies which demand for mobile broadband access increases (Xue, para. 5). Regarding claims 5 and 15, Du already describes using second resource pool on which the consistent LBT failures occur (para. 83, terminal device uses second resource pool where consistent LBT failures occur), but fails to further explicitly describe: sending, by the first communication device, fourth indication information to a second communication device, wherein the fourth indication information indicates the first resource pool or the first carrier in or on which the consistent LBT failures occur. Xue also describes transmission of control information for sidelink communications (title & fig. 4), further describing: sending, by the first communication device, fourth indication information to a second communication device, wherein the fourth indication information indicates the first resource pool or the first carrier in or on which the consistent LBT failures occur (fig. 5 & 6 and para. 74, WCD, which can be the UE (first communication device), sends to another UE (second communication device) a subsequent SCI message (fourth indication) comprising plural resource pools (second resource pool) via sidelink for target UEs to use in sidelink communication). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that the first communication device in Du to transmit a second indication information to a second communication device indicating a second resource pool on the sidelink as in Xue. The motivation for combining the teachings is that this improves the LTE, NR & other radio access technologies which demand for mobile broadband access increases (Xue, para. 5). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Liu (US 2023/0015997) describing UE receiving DCI scheduling sidelink TTIs and then perform a LBT for the TTIs and the UE may transmit, to a base station, an indication of results of the LBT performed for the one or more TTIs (abstract), Lee (US 2022/0022252) describing LBT handling by use of LBT failure count (fig. 10), Deogun (US 2020/0267763) describing identification of 1+ RA occasions & perform LBT procedure to determine RA failure based on set of consecutive LBT failures (fig. 4), Chen (US 2020/0221495) describing LBT failure detection performed by a UE (abstract), and Tsai (US 2021/0144762) describing LBT failure detection and recovery by UE (abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARNER WONG whose telephone number is (571)272-8197. The examiner can normally be reached M-F 7am - 3:30pm. 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 at 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. WARNER WONG Primary Examiner Art Unit 2469 /WARNER WONG/Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Feb 29, 2024
Application Filed
Apr 18, 2024
Response after Non-Final Action
Feb 20, 2026
Non-Final Rejection — §102, §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
89%
Grant Probability
96%
With Interview (+6.3%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1048 resolved cases by this examiner. Grant probability derived from career allow rate.

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