Prosecution Insights
Last updated: April 19, 2026
Application No. 18/597,322

SIDELINK UNLICENSED (SL-U) GAP SYMBOL AND CYCLIC PREFIX EXTENSION (CPE) CONFIGURATION

Non-Final OA §102§103
Filed
Mar 06, 2024
Examiner
COBY, FRANTZ
Art Unit
2459
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
95%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
664 granted / 732 resolved
+32.7% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
16 currently pending
Career history
748
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
38.6%
-1.4% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 732 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 . This Office Action is in response to Application filed on March 06, 2024 in which claims 1-20 are presented for examination. Information Disclosure Statement The information disclosure statement (IDS) submitted on September 16, 2024 and on May 6, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 (i.e., changing from AIA to pre-AIA ) 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)(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. Claim(s) 1-7, 12 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021/208031 A1 (QUALCOMM INC [US]; SUN JING [US] ET AL.) 21 October 2021 (2021-10-21). Regarding claim 1, SUN JING [US] ET AL disclose “a User Equipment (UE)” (See fig. 2: UE 217; fig. 4) comprising: “radio frequency (RF) circuitry” (See par. [0077]; fig. 4); and “processing circuitry, comprising a memory, configured to execute instructions stored in the memory” (See par. [0077]; fig. 4) to cause the UE to: “acquire access to a sidelink channel based on a clear channel assessment (CCA)” (See paragraph [0067]: the UE 217 may perform the LBT 236; fig. 2); “configuring, for an SL communication, a cyclic prefix extension (CPE) length or a gap length based on a subcarrier spacing (SCS), in response to acquiring access to the SL channel” (See par. [0063] describing a maximum CP extension length may be dependent on the SCS and the number of subcarriers in a symbol"; par. [0067]: "the responding UE 217 may compute a length 234 for a CP extension 238 such that a gap duration 237 between the sidelink transmission 232 and the sidelink transmission 240 satisfies an LBT gap time threshold); and “transmit, via the RF circuitry, the SL communication based on at least one of: the CPE length or the gap length” (See par. [0067]: "if the LBT 236 is successful, the responding UE 217 may transmit the sidelink communication 240 with the CP extension 238). As per claim 2, SUN JING [US] ET AL disclose “wherein the gap length comprises up to two gap symbols when configuring the SL communication with a 60 kHz SCS” (See par. [0061]) As per claim 3, SUN JING [US] ET AL disclose “wherein the gap length comprises up to two contiguous gap symbols before a physical SL feedback channel (PSFCH) transmission, at an end of a slot, or before the PSFCH transmission and at the end of the slot” (See fig. 6, paragraphs [0097]-[0098]) As per claim 4, SUN JING [US] ET AL disclose “wherein the processing circuitry is further configured to: perform sensing of the SL channel with a sensing length of 25 microseconds in response to sharing of an SL unlicensed (SL-U) channel occupancy time (COT) with the SL communication, wherein the gap length comprises up to two gap symbols” (See par. [0053], [0061], [0073]-[0074], fig. 3). As per claim 5, SUN JING [US] ET AL disclose “wherein the processing circuitry is further configured to: perform sensing of the SL channel with a Type 1 CCA before transmitting an SL slot as a non-COT sharing transmission, wherein a gap length of the SL slot comprises up to two gap symbols” (See Paragraph (par. [0094]). As per claim 6, SUN JING [US] ET AL disclose “wherein the processing circuitry is further configured to: generate each slot with at least one gap symbol at an end portion of slot symbols when utilizing a partial bandwidth (BW) for the SL communication or based on an SL control information (SCI) configuration; and generate one slot with at least one gap symbol at the end portion of slot symbols when utilizing a full BW for the SL communication, wherein in response to the SCS of the SL communication comprising 60 kHz SCS, the at least one gap symbol comprises up to two symbols” (See par. [0115]-[0116]). As per claim 7, SUN JING [US] ET AL disclose “wherein the CPE length is configured based on a pre- configured CPE length in a resource pool, and the processing circuitry is further configured to generate the CPE including the CPE length with only a PSFCH outside of a shared COT, at least one of: a PSCCH or a PSSCH outside of the shared COT when utilizing a partial BW, or with at least one of: a physical SL control channel (PSCCH), a physical SL shared channel (PSSCH), or a PSFCH within the shared COT” (See par. [0059]-[0060]). Regarding claim 12, SUN JING [US] ET AL disclose “a method of a user equipment (UE)” (See fig. 2: UE 217; fig. 4) comprising: “radio frequency (RF) circuitry” (See par. [0077]; fig. 4); and “processing circuitry, comprising a memory, configured to execute instructions stored in the memory” (See par. [0077]; fig. 4) to: “generating, via processing circuitry, a sidelink (SL) communication by acquiring access to an SL channel based on a clear channel assessment (CCA)” (See paragraph [0067]: the UE 217 may perform the LBT 236; fig. 2); “configuring cyclic prefix extension (CPE) length or a gap length based on a subcarrier spacing (SCS)” (See par. [0063] describing a maximum CP extension length may be dependent on the SCS and the number of subcarriers in a symbol"; par. [0067]: "the responding UE 217 may compute a length 234 for a CP extension 238 such that a gap duration 237 between the sidelink transmission 232 and the sidelink transmission 240 satisfies an LBT gap time threshold); and “transmitting, via radio frequency (RF) circuitry, the SL communication in response to acquiring access to the SL channel based on at least one of: the CPE length or the gap length” (See par. [0067]: "if the LBT 236 is successful, the responding UE 217 may transmit the sidelink communication 240 with the CP extension 238). Regarding claim 18, SUN JING [US] ET AL disclose “a baseband processor configured to, when executing instructions stored in a memory” (See fig. 2: UE 217; fig. 4) comprising: “radio frequency (RF) circuitry” (See par. [0077]; fig. 4); and “processing circuitry, comprising a memory, configured to execute instructions stored in the memory” (See par. [0077]; fig. 4) to perform operations comprising: “generate a sidelink (SL) communication by acquiring access to an SL channel based on a clear channel assessment (CCA)” (See paragraph [0067]: the UE 217 may perform the LBT 236; fig. 2); “configuring a CPE length of a CPE or a gap length based on a subcarrier spacing (SCS)” (See par. [0063] describing a maximum CP extension length may be dependent on the SCS and the number of subcarriers in a symbol"; par. [0067]: "the responding UE 217 may compute a length 234 for a CP extension 238 such that a gap duration 237 between the sidelink transmission 232 and the sidelink transmission 240 satisfies an LBT gap time threshold); and “provide, to an interface with radio frequency (RF) circuitry, the SL communication for transmission by the RF circuitry in response to acquiring the SL channel” (See par. [0067]: "if the LBT 236 is successful, the responding UE 217 may transmit the sidelink communication 240 with the CP extension 238). As per claims 16-17 and 19-20, SUN JING [US] ET AL, “configuring the CPE length based on a pre-configured CPE length in a resource pool associated with at least one of: a physical sidelink control channel (PSCCH), a physical sidelink shared channel (PSSCH), or a PSFCH in a shared COT”; “generating the CPE length with only a PSFCH in an initiating COT or at least one of: a PSCCH or a PSSCH outside of a shared COT when utilizing a partial BW, or with at least one of: a physical sidelink control channel (PSCCH), a physical sidelink shared channel (PSSCH), or a PSFCH, in the shared COT”; “wherein the CPE length is based on a gap length and a subcarrier spacing (SCS) utilized for the SL communication” and “generate the SL communication by dynamically generating the CPE with the CPE length and a CCA Type of a CCA based on at least one of: an SCI for a shared channel occupancy time (COT) or an SC” (See Figures 1-23; Paragraphs 0011-0153). Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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 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. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/208031 A1 (QUALCOMM INC [US]; SUN JING [US] ET AL.) in view of PANASONIC: "Sidelink channel access on unlicensed spectrum", 3GPP DRAFT; R1-2207298, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE ; 650, ROUTE DES LUCIOLES ; F-06921 SOPHIA-ANTIPOLIS CEDEX ; FRANCE, vol. RAN WG1, no. Toulouse, France; 20220822 - 20220826 12 August 2022 (2022-08-12), XP052275234, Retrieved from the Internet: URL:htps://tp.3gpp.org/tsg_ran/WG1_RL1/TSGR1_110/Docs/ R1-2207298.zip R1-2207298.docx [retrieved on 2022-08-12]. As per claim 8, most of the limitations of this claim have been noted in the rejection of claim 1. Applicant’s attention is directed to the rejection of claim 1 above. It is noted however, SUN JING [US] ET AL did not disclose “wherein the CPE length is a default CPE length based on an orthogonal frequency-divisional multiplexing (OFDM) symbol length minus 25 microseconds in a 15 kHz SCS, or a 30 kHz SCS, and based on two OFDM symbol lengths minus 25 microseconds in a 60 kHz SCS for the SL communication” as recited in the instant claim 8. On the other hand, PANASONIC achieved the aforementioned claim features (See page 4, figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have regarded it as a normal design option to apply this feature to the sidelink communication described in SUN JING [US] ET AL because that would have enhanced the versatility SUN JING ET AL by allowing it to more effectively provide cyclic prefix (CP) extensions in channel occupancy time (COT) sharing among sidelink user equipment devices (UEs). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/208031 A1 (QUALCOMM INC [US]; SUN JING [US] ET AL.) in view of WEI ZENG ET AL: "Discussion on channel access mechanism for sidelink on FR1 unlicensed spectrum", 3GPP DRAFT; R1-2301346; TYPE DISCUSSION; NR_SL_ENH2- CORE, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE ; 650, ROUTE DES LUCIOLES ; F-06921 SOPHIA-ANTIPOLIS CEDEX ; FRANCE, vol. 3GPP RAN 1, no. Athens, GR; 20230227 - 20230303 17 February 2023 (2023-02-17), XP052248481, Retrieved from the Internet: URL:https://www.3gpp.org/Ilp/TSG_RANWG1_RL1/TSGB1_112/ Docs/R1-2301346.zip R1-2301346 -[retrieved on 2023-02-17]. As per claim 9, most of the limitations of this claim have been noted in the rejection of claim 1. Applicant’s attention is directed to the rejection of claim 1 above. It is noted however, SUN JING [US] ET AL did not disclose “wherein the processing circuitry is further configured to: generate the SL communication by dynamically generating the CPE with the CPE length and a CCA Type of a CCA based on an SCI indication for a shared COT” as recited in the instant claim 9. On the other hand, WEI ZENG ET AL achieved the aforementioned claim features (See page 8 proposal 11 describing separate starting position with CPE extension...). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have regarded it as a normal design option to apply this feature to the sidelink communication described in SUN JING [US] ET AL because that would have enhanced the versatility SUN JING ET AL by allowing it to more effectively provide cyclic prefix (CP) extensions in channel occupancy time (COT) sharing among sidelink user equipment devices. Claim(s) 10-11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/208031 A1 (QUALCOMM INC [US]; SUN JING [US] ET AL.) in view of WEI ZENG ET AL: "On channel access mechanism for sidelink on FR1 unlicensed spectrum", 3GPP DRAFT; R1-2211814; TYPE DISCUSSION; NR_SL_ENH2- CORE, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE ; 650, ROUTE DES LUCIOLES ; F-06921 SOPHIA-ANTIPOLIS CEDEX ; FRANCE, vol. 3GPP RAN 1, no. Toulouse, FR; 20221114 - 20221118 7 November 2022 (2022-11-07), XP052222379, Retrieved from the Internet: URL:https://www.3gpp.org/ftp/TSG_RAN/WG1_RL1/TSGF1_111/ Docs/R1-2211814.zip R1-2211814 - [retrieved on 2022-11-0 The additional subject-matter of claim 10-11 “wherein the SCI indication comprises a two bit signaling, wherein for a CCA Type 2A the CPE length comprises one OFDM symbol length minus 25 microseconds, for a CCA Type 2B the CPE length comprises the one OFDM symbol length minus 16 microseconds, and for a CCA Type 2C the CPE length comprises greater than one OFDM symbol length minus 16 microseconds, and in response to a 60 kHz SCS being utilized, the CPE length comprises two OFDM symbol lengths minus microseconds for the CCA Type 2A, minus 16 microseconds for the CCA Type 2B, or greater than two OFDM symbol lengths minus 16 microseconds for the CCA Type 2C”; “generate the SL communication with multiple CPEs for initiating a COT with a full BW transmission by randomly selecting a starting position at a sensing slot boundary with one OFDM symbol for 15 kHz SCS, or two OFDM symbols for 30 kHz SCS or 60 KHZ SCS” is described in WEI ZENG ET AL (pp. 1-2: section 2.1, proposals 1, 2, and 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have regarded it as a normal design option to apply this feature to the sidelink communication described in SUN JING [US] ET AL because that would have enhanced the versatility SUN JING ET AL by allowing it to more effectively provide cyclic prefix (CP) extensions in channel occupancy time (COT) sharing among sidelink user equipment devices. The additional subject-matter of claims 13-14 is also disclosed by SUN JING [US] ET AL, par. [0063], [0067]; by PANASONIC, pp. 2-4, sections 2.2 and 2.3; and by WEI ZENG ET AL, pp. 6-8, section 2.5 "CPE and starting positioning". The additional subject-matter of claim 15 is also disclosed by SUN JING [US] ET AL, par. [0067], and by WEI ZENG ET AL, page 6, 3rd paragraph ("to enable COT sharing….”). Other Reference(s) Cited US-12238657-B2 describing Method And Device For Transmitting S-SSB In NR V2 US 11,825,475 describing methods and devices for wireless communication using sub-slot based physical sidelink shared channels. US-20240114491-A1 describing User Equipment Such As Remote Wireless Equipment I.e Smart Phone For Long Term Evolution And New Radio Sidelink Co-existence In Wireless Network, Comprises Processor Performs Sensing Over Long Term Evolution Sidelink Interface, Decodes Sidelink Control Information That Measures Reference Signal. US 20230146161 A1 describing wireless communication systems, and more particularly to cyclic prefix (CP) extensions in channel occupancy time (COT) sharing among sidelink user equipment devices (UEs). US-20230132263-A1 describing Apparatus For Determining Sidelink Transport Block Size For User Equipment To Sidelink Communication In Wireless Communication System Using Resource Elements For Sidelink Data To Transmit Data Between Base Station And Mobile Device, Has Processor For Determining Number Of Resource Elements. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZ COBY whose telephone number is (571)272-4017. The examiner can normally be reached Monday-Thursday 7AM-5:30PM. 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, Tonia Dollinger can be reached at (571) 272-4170. 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. /FRANTZ COBY/Primary Examiner, Art Unit 2459 February 13, 2026
Read full office action

Prosecution Timeline

Mar 06, 2024
Application Filed
Feb 18, 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
91%
Grant Probability
95%
With Interview (+4.7%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 732 resolved cases by this examiner. Grant probability derived from career allow rate.

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