Prosecution Insights
Last updated: August 17, 2026
Application No. 18/612,928

Unsolicited Unavailability Announcement for Co-existence and Peer-to-Peer Management

Final Rejection §103
Filed
Mar 21, 2024
Priority
Apr 04, 2023 — provisional 63/494,173
Examiner
ZHAO, WEI
Art Unit
2479
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
970 granted / 1085 resolved
+31.4% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
1108
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
42.9%
+2.9% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1085 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on May 6, 2026 was filed after the mailing date of the previous office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment Acknowledgment is made of Applicant’s submission of amendment with remarks/arguments, dated June 4, 2026. The specification has been amended. Claims 1, 3, 10, 11, 14, 15, and 17-20 have been amended; claims 2 and 16 have been cancelled; claims 21-22 are new. Upon entering the amendment, claims 1, 3-15, and 17-22 are pending. This communication is considered fully responsive and sets forth below. Double Patenting 4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). 5. Claim 1 is provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 2 of copending Application US 2025/0351175. Regarding claim 1, it recites, “A method, comprising: by a first wireless device: establishing a first wireless connection using a first set of radio resources; establishing a second wireless connection using the first set of radio resources; and transmitting an unsolicited unavailability announcement (UUA) frame comprising information indicating a first time period of future unavailability for the first wireless device on the first set of radio resources.” Claims 1 and 2 of copending Application US 2025/0351175 recites, “1. A method, comprising: by a wireless device: establishing a first wireless connection using a first radio resource; establishing a second wireless connection using the first radio resource; receiving a multi-user initial control frame (ICF) from a wireless access point (AP) over the first wireless connection; and based at least in part on receiving the multi-user ICF, transmitting a control response message to the wireless AP, wherein the control response message indicates unavailability information associated with the wireless device. 2. The method of claim 1, wherein the unavailability information indicates a first time period of future unavailability for the wireless device on the first radio resource.” Both claim 1 of the instant application and claim 1 of copending Application US 2025/0351175 are method claim, including multiple steps, e.g., establishing, transmitting, etc. The following shows the limitation mappings/teaching: for the preamble in claim 1 of the instant application, i.e., “A method, comprising: by a first wireless device,” the preamble in claim 1 of the copending Application, i.e., “A method, comprising: by a wireless device” reads on this preamble. for the 1st establishing step in claim 1 of the instant application, i.e., “establishing a first wireless connection using a first set of radio resources,” the 1st establishing step in claim 1 of the copending Application, i.e., “establishing a first wireless connection using a first radio resource” teaches this limitation. for the 2nd establishing step in claim 1 of the instant application, i.e., “establishing a second wireless connection using the first set of radio resources,” the 2nd establishing step in claim 1 of the copending Application, i.e., “establishing a second wireless connection using the first radio resource” teaches this limitation. for the transmitting step in claim 1 of the instant application, i.e., “transmitting an unsolicited unavailability announcement (UUA) frame comprising information indicating a first time period of future unavailability for the first wireless device on the first set of radio resources,” the wherein-clause limitation “wherein the unavailability information indicates a first time period of future unavailability for the wireless device on the first radio resource” as indicated in italics in claim 2 of the copending Application teaches “information indicating a first time period of future unavailability for the first wireless device on the first set of radio resources;” in fact, the limitation of “transmitting a control response message to the wireless AP, wherein the control response message indicates unavailability information associated with the wireless device” as indicated in italics in claim 1 of the copending Application and the wherein-clause limitation “wherein the unavailability information indicates a first time period of future unavailability for the wireless device on the first radio resource” in claim 2 of the copending Application” reads on this limitation. Consequently, claim 1 of the instant application would be obvious to one skilled in the art based on claims 1 and 2 of copending Application US 2025/0351175. Claim Rejections - 35 USC § 103 6. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 7. Claims 1, 3, 5, 10-12, 14, 15, 17, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 2023/0123147) in view of Malik et al. (US 2016/0037558). Regarding claim 1, Hwang et al. teach the method, comprising: by a first wireless device (paragraph [0183] lines 1-10; Examiner’s Notes: UE-B depicted in FIG. 12 of the prior art teaches the limitation of “a first wireless device” in the instant application): establishing a first wireless connection using a first set of radio resources (paragraph [0184] lines 1-5; Examiner’s Notes: the SL resources in the prior art teaches the limitation of “a first set of radio resources;” in fact, establishing a connection, e.g., to UE-A, using the SL resources, as illustrated in FIG. 12 of the prior art teaches the limitation of “establishing a first wireless connection using a first set of radio resources” in the instant application); establishing a second wireless connection using the first set of radio resources (paragraph [0184] lines 1-5; Examiner’s Notes: establishing a connection, e.g., to UE-C, using the SL resources, as illustrated in FIG. 12 of the prior art teaches the limitation of “establishing a second wireless connection using the first set of radio resources” in the instant application); transmitting an unsolicited unavailability announcement (UUA) frame comprising: a duration field indicating current availability information associated with a first time period of current availability for the first wireless device on the first set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the information/frame regards to the available time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “a first time period of current availability for the first wireless device” in the instant application), and information indicating a first time period of future unavailability for the first wireless device on the first set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the information regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “information indicating a first time period of future unavailability for the first wireless device;” in fact, transmitting a message/frame indicting the information regards to the available time and the unavailable time of the device, e.g., UE-B depicted in FIG. 12, on the SL resources in the prior art teaches this limitation in the instant application). Hwang et al. teach the method without explicitly teaching initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP). Malik et al. from the same or similar field of endeavor teach implementing fairness of the method, initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP) (paragraphs [0017] lines 1-34 & [0071] lines 1-15; Examiner’s Notes: in/during the available time duration and according to the indication indicating the current availability/capability associated with the available time duration in the prior art teaches the limitation of “during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability;” in fact, transmitting/initiating a TXOP in/during the available time duration and according to the indication indicating the current availability/capability associated with the available time duration in the prior art teaches the limitation of “initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP)” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Malik et al. in the system of Hwang et al. The motivation for implementing initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP), is to enhance the mechanism for providing an accurate estimate of an AP's available medium share, wherein the AP performs a plurality medium access contention operations to determine a duration of a transmit opportunity and a queue service interval for each of a plurality of access categories. Regarding claim 3, Hwang et al. further teach the method, wherein the information indicating the first time period of future unavailability for the first wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration (paragraph [0191] lines 1-13; Examiner’s Notes: the scheduled time regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “a first future unavailability start time and a first future unavailability duration;” in fact, the message/frame indicting the scheduled time regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, on the SL resources in the prior art teaches the limitation of “wherein the information indicating the first time period of future unavailability for the first wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration” in the instant application), wherein the first future unavailability start time is indicated as a time offset relative to an end of the time period of current availability for the first wireless device (paragraph [0173] lines 42-48; Examiner’s Notes: the absolute time offset regards to the end of the time period in the prior art teaches the limitation of “a time offset relative to an end of the time period;” in fact, the message/frame indicting the absolute time offset regards to the end of the time period of the available time for the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “wherein the first future unavailability start time is indicated as a time offset relative to an end of the time period of current availability for the first wireless device” in the instant application). Regarding claim 5, Hwang et al. further teach the method, wherein the UUA frame further includes information indicating a second time period of future unavailability for the first wireless device on a second set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the SL resources for transmitting PSSCH, e.g., in step 1240 shown in FIG. 12, in the prior art teaches the limitation of “a second set of radio resources;” in fact, the message/frame indicting the scheduled time regards to the unavailable time of the device, e.g., UE-B, on the SL resources for transmitting PSSCH in step 1240, as shown in FIG. 12, in the prior art teaches the limitation of “wherein the UUA frame further includes information indicating a second time period of future unavailability for the first wireless device on a second set of radio resources” in the instant application). Regarding claim 10, Hwang et al. teach the apparatus, comprising: a processor configured to cause a first wireless device (paragraph [0183] lines 1-10; Examiner’s Notes: the device, e.g., UE-B depicted in FIG. 12 and first device 100 depicted in FIG. 16 of the prior art teaches the limitation of “first wireless device;” processor 102 in first device 100 depicted in FIG. 16 of the prior art teaches the limitation of “a processor” in the instant application) to: establish a first wireless connection on a first set of radio resources (paragraph [0184] lines 1-5; Examiner’s Notes: the SL resources in the prior art teaches the limitation of “a first set of radio resources;” in fact, establishing a connection, e.g., to UE-A, using the SL resources, as illustrated in FIG. 12 of the prior art teaches the limitation of “establish a first wireless connection on a first set of radio resources” in the instant application); establish a second wireless connection on the first set of radio resources (paragraph [0184] lines 1-5; Examiner’s Notes: establishing a connection, e.g., to UE-C, using the SL resources, as illustrated in FIG. 12 of the prior art teaches the limitation of “establish a second wireless connection on the first set of radio resources” in the instant application); and transmit an unsolicited unavailability announcement (UUA) frame comprising: a duration field indicating current availability information associated with a first time period of current availability for the first wireless device on the first set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the information/frame regards to the available time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “a first time period of current availability for the first wireless device” in the instant application), and information indicating a first time period of future unavailability for the first wireless device on the first set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the information regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “information indicating a first time period of future unavailability for the first wireless device;” in fact, transmitting a message/frame indicting the information regards to the available time and the unavailable time of the device, e.g., UE-B depicted in FIG. 12, on the SL resources in the prior art teaches this limitation in the instant application). Hwang et al. teach the apparatus without explicitly teaching initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP). Malik et al. from the same or similar field of endeavor teach implementing fairness of the method, initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP) (paragraphs [0017] lines 1-34 & [0071] lines 1-15; Examiner’s Notes: in/during the available time duration and according to the indication indicating the current availability/capability associated with the available time duration in the prior art teaches the limitation of “during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability;” in fact, transmitting/initiating a TXOP in/during the available time duration and according to the indication indicating the current availability/capability associated with the available time duration in the prior art teaches the limitation of “initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP)” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Malik et al. in the system of Hwang et al. The motivation for implementing initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP), is to enhance the mechanism for providing an accurate estimate of an AP's available medium share, wherein the AP performs a plurality medium access contention operations to determine a duration of a transmit opportunity and a queue service interval for each of a plurality of access categories. Regarding claim 11, Hwang et al. further teach the apparatus, wherein the future unavailability information further indicates a second time period of future unavailability for the first wireless device on a second set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the SL resources for transmitting PSSCH, e.g., in step 1240 shown in FIG. 12, in the prior art teaches the limitation of “a second set of radio resources;” in fact, the message/frame indicting the scheduled time regards to the unavailable time of the device, e.g., UE-B, on the SL resources for transmitting PSSCH in step 1240, as shown in FIG. 12, in the prior art teaches the limitation of “wherein the future unavailability information further indicates a second time period of future unavailability for the first wireless device on a second set of radio resources” in the instant application). Regarding claim 12, Hwang et al. further teach the apparatus, wherein the UUA frame is transmitted as one of: a standalone frame; or a portion of a frame header of another frame (paragraph [0058] lines 1-9; Examiner’s Notes: the radio frame illustrated in FIG. 4 in the prior art teaches the limitation of “a standalone frame;” consequently, the radio frame illustrated in FIG. 4 in the prior art teaches the limitation of “wherein the UUA frame is transmitted as one of: a standalone frame; or a portion of a frame header of another frame” in the instant application as well). Regarding claim 14, Hwang et al. further teach the apparatus, wherein the processor is further configured to cause the wireless device to: determine the first time period of future unavailability based at least in part on a time sharing configuration of the first set of radio resources by the first wireless device between the first wireless connection and the second wireless connection (paragraph [0191] lines 1-13; Examiner’s Notes: the information/configuration regards to the scheduled time on the SL resources for transmitting PSSCH, e.g., in step 1240 shown in FIG. 12, in the prior art teaches the limitation of “a time sharing configuration of the first set of radio resources;” in fact, UE-B determining the unavailable time based on the information/configuration of the scheduled time on the SL resources between the connection as shown in step 1240 and the connection as shown in step 1250 in FIG. 12 in the prior art teaches the limitation of “determine the first time period of future unavailability based at least in part on a time sharing configuration of the first set of radio resources by the first wireless device between the first wireless connection and the second wireless connection” in the instant application). Regarding claim 15, Hwang et al. teach the first wireless device (paragraph [0183] lines 1-10; Examiner’s Notes: the device, e.g., UE-B depicted in FIG. 12 and first device 100 depicted in FIG. 16 of the prior art teaches the limitation of “first wireless device” in the instant application), comprising: one or more antennas (paragraph [0183] lines 1-10; Examiner’s Notes: antenna 108 attached on first device 100 depicted in FIG. 16 of the prior art teaches the limitation of “one or more antennas” in the instant application); a radio operably coupled to the one or more antennas (paragraph [0183] lines 1-10; Examiner’s Notes: the radio/signal transmitted via antenna 108 illustrated in FIG. 16 of the prior art teaches the limitation of “a radio operably coupled to the one or more antennas” in the instant application); and a processor operably coupled to the radio (paragraph [0183] lines 1-10; Examiner’s Notes: processor 102 in first device 100 depicted in FIG. 16 of the prior art teaches the limitation of “a processor” in the instant application); wherein the first wireless device is configured to: establish a wireless connection with a second wireless device on a first set of radio resources (paragraph [0184] lines 1-5; Examiner’s Notes: UE-A depicted in FIG. 12 in the prior art teaches the limitation of “a second wireless device;” in fact, UE-B establishing a connection with UE-A using the SL resources, as illustrated in FIG. 12, in the prior art teaches the limitation of “wherein the first wireless device is configured to: establish a wireless connection with a second wireless device on a first set of radio resources” in the instant application); and receive an unsolicited unavailability announcement (UUA) frame comprising: a duration field indicating current availability information associated with a first time period of current availability for the first wireless device on the first set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the information/frame regards to the available time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “a first time period of current availability for the first wireless device” in the instant application), and information indicating a first time period of future unavailability for the first wireless device on the first set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the information regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “information indicating a first time period of future unavailability for the first wireless device;” in fact, transmitting a message/frame indicting the information regards to the available time and the unavailable time of the device, e.g., UE-B depicted in FIG. 12, on the SL resources in the prior art teaches this limitation in the instant application). Hwang et al. teach the first wireless device without explicitly teaching initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP). Malik et al. from the same or similar field of endeavor teach implementing fairness of the method, initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP) (paragraphs [0017] lines 1-34 & [0071] lines 1-15; Examiner’s Notes: in/during the available time duration and according to the indication indicating the current availability/capability associated with the available time duration in the prior art teaches the limitation of “during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability;” in fact, transmitting/initiating a TXOP in/during the available time duration and according to the indication indicating the current availability/capability associated with the available time duration in the prior art teaches the limitation of “initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP)” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Malik et al. in the system of Hwang et al. The motivation for implementing initiating, during the first time period of current availability and based at least in part on the duration field indicating the current availability information associated with the first time period of current availability, a transmit opportunity (TXOP), is to enhance the mechanism for providing an accurate estimate of an AP's available medium share, wherein the AP performs a plurality medium access contention operations to determine a duration of a transmit opportunity and a queue service interval for each of a plurality of access categories. Regarding claim 17, Hwang et al. further teach the first wireless device, wherein the information indicating the first time period of future unavailability for the second wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration (paragraph [0191] lines 1-13; Examiner’s Notes: the scheduled time regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “a first future unavailability start time and a first future unavailability duration;” in fact, the message/frame indicting the scheduled time regards to the unavailable time for the device, e.g., UE-A depicted in FIG. 12, on the SL resources in the prior art teaches the limitation of “wherein the information indicating the first time period of future unavailability for the second wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration” in the instant application). Regarding claim 18, Hwang et al. further teach the first wireless device, wherein the UUA frame further includes information indicating a second time period of future unavailability for the second wireless device on a second set of radio resources (paragraph [0191] lines 1-13; Examiner’s Notes: the SL resources for transmitting PSSCH, e.g., in step 1240 shown in FIG. 12, in the prior art teaches the limitation of “a second set of radio resources;” in fact, the message/frame indicting the scheduled time regards to the unavailable time for the device, e.g., UE-A, on the SL resources for transmitting PSSCH in step 1250, as shown in FIG. 12, in the prior art teaches the limitation of “wherein the UUA frame further includes information indicating a second time period of future unavailability for the second wireless device on a second set of radio resources” in the instant application). Regarding claim 21, Hwang et al. further teach the first wireless device, wherein the information indicating the first time period of future unavailability for the first wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration (paragraph [0191] lines 1-13; Examiner’s Notes: the scheduled time regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “a first future unavailability start time and a first future unavailability duration;” in fact, the message/frame indicting the scheduled time regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, on the SL resources in the prior art teaches the limitation of “wherein the information indicating the first time period of future unavailability for the first wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration” in the instant application). 8. Claims 4 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 2023/0123147) in view of Malik et al. (US 2016/0037558) as applied to claim 1 or 15, and further in view of Sadeghi et al. (US 2017/0303220). Regarding claim 4, Hwang et al. further teach the method, wherein the information indicating the first time period of future unavailability for the first wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration (paragraph [0191] lines 1-13; Examiner’s Notes: the scheduled time regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, in the prior art teaches the limitation of “a first future unavailability start time and a first future unavailability duration;” in fact, the message/frame indicting the scheduled time regards to the unavailable time of the device, e.g., UE-B depicted in FIG. 12, on the SL resources in the prior art teaches the limitation of “wherein the information indicating the first time period of future unavailability for the first wireless device on the first set of radio resources indicates a first future unavailability start time and a first future unavailability duration” in the instant application). Hwang et al. and Malik et al. teach the method without explicitly teaching a timing synchronization function (TSF) value. Sadeghi et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the first future unavailability start time is indicated as a timing synchronization function (TSF) value (paragraph [0101] lines 1-18; Examiner’s Notes: the synchronized time in the prior art teaches the limitation of “a timing synchronization function (TSF) value;” in fact, indicating the unavailable start time as a synchronized time in the prior art teaches the limitation of “wherein the first future unavailability start time is indicated as a timing synchronization function (TSF) value” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Sadeghi et al. in the system of Hwang et al. and Malik et al. The motivation for implementing a timing synchronization function (TSF) value, is to enhance the mechanism of LTE operation in an unlicensed spectrum, wherein a wireless transmit/receive unit, WTRU, establishes a connection with a first cell on a licensed frequency band, the WTRU receives a first downlink transmission from a second cell operating on an unlicensed frequency band, the WTRU determines that a synchronization signal transmission from a third cell operating on the unlicensed frequency band is transmitted using reel source elements. Regarding claim 22, Hwang et al. and Malik et al. teach the first wireless device without explicitly teaching a timing synchronization function (TSF) value. Sadeghi et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the first future unavailability start time is indicated as a timing synchronization function (TSF) value (paragraph [0101] lines 1-18; Examiner’s Notes: the synchronized time in the prior art teaches the limitation of “a timing synchronization function (TSF) value;” in fact, indicating the unavailable start time as a synchronized time in the prior art teaches the limitation of “wherein the first future unavailability start time is indicated as a timing synchronization function (TSF) value” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Sadeghi et al. in the system of Hwang et al. and Malik et al. The motivation for implementing a timing synchronization function (TSF) value, is to enhance the mechanism of LTE operation in an unlicensed spectrum, wherein a wireless transmit/receive unit, WTRU, establishes a connection with a first cell on a licensed frequency band, the WTRU receives a first downlink transmission from a second cell operating on an unlicensed frequency band, the WTRU determines that a synchronization signal transmission from a third cell operating on the unlicensed frequency band is transmitted using reel source elements. 9. Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 2023/0123147) in view of Malik et al. (US 2016/0037558) as applied to claim 1 or 15, and further in view of Hwang et al. (US 2023/0180216; for the sake of citation, the examiner uses Hwang2 et al. in this office action). Regarding claim 6, Hwang et al. and Malik et al. teach the method without explicitly teaching implementing recipient address information indicating one or more wireless devices. Hwang2 et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the UUA frame includes recipient address information indicating one or more wireless devices to which the first wireless device is unavailable during the first time period of future unavailability (paragraph [0170] lines 1-17; Examiner’s Notes: the destination ID of UE-A in the prior art teaches the limitation of “recipient address information indicating one or more wireless devices;” in fact, the message/frame indicating the destination ID of UE-A regards to UE-B’s unavailable time in the prior art teaches the limitation of “wherein the UUA frame includes recipient address information indicating one or more wireless devices to which the first wireless device is unavailable during the first time period of future unavailability” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Hwang2 et al. in the system of Hwang et al. and Malik et al. The motivation for implementing recipient address information indicating one or more wireless devices, is to further enhance the mechanism of a device in wireless communication, wherein the device transmits first assistance information to the second device through the PSSCH, and the first assistance information includes information for sidelink resource selection of the second device. Regarding claim 19, Hwang et al. and Malik et al. teach the first wireless device without explicitly teaching implementing recipient address information indicating one or more wireless devices. Hwang2 et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the UUA frame includes recipient address information indicating one or more wireless devices to which the first wireless device is unavailable during the first time period of future unavailability (paragraph [0170] lines 1-17; Examiner’s Notes: the destination ID of UE-A in the prior art teaches the limitation of “recipient address information indicating one or more wireless devices;” in fact, the message/frame indicating the destination ID of UE-A regards to UE-B’s unavailable time in the prior art teaches the limitation of “wherein the UUA frame includes recipient address information indicating one or more wireless devices to which the first wireless device is unavailable during the first time period of future unavailability” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Hwang2 et al. in the system of Hwang et al. and Malik et al. The motivation for implementing recipient address information indicating one or more wireless devices, is to further enhance the mechanism of a device in wireless communication, wherein the device transmits first assistance information to the second device through the PSSCH, and the first assistance information includes information for sidelink resource selection of the second device. 10. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 2023/0123147) in view of Malik et al. (US 2016/0037558) as applied in claim 10, and further in view of Park et al. (US 2021/0022174). Regarding claim 13, Hwang et al. and Malik et al. teach the apparatus without explicitly teaching implementing an infrastructure Wi-Fi connection with an access point wireless device. Park et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the first wireless connection is an infrastructure Wi-Fi connection with an access point wireless device (paragraph [0215] lines 1-35; Examiner’s Notes: the Wi-Fi access point in the prior art teaches the limitation of “an access point wireless device;” in fact, the connection with the Wi-Fi access point in the prior art teaches the limitation of “wherein the first wireless connection is an infrastructure Wi-Fi connection with an access point wireless device” in the instant application), wherein the second wireless connection is one of: a peer-to-peer Wi-Fi connection; or a non-Wi-Fi connection (paragraph [0215] lines 21-35; Examiner’s Notes: the cell connection as illustrated in FIG. 1 in the prior art teaches the limitation of “a non-Wi-Fi connection;” in fact, the cell connection as illustrated in FIG. 1 in the prior art teaches the limitation of “wherein the second wireless connection is one of: a peer-to-peer Wi-Fi connection; or a non-Wi-Fi connection” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Park et al. in the system of Hwang et al. and Malik et al. The motivation for implementing an infrastructure Wi-Fi connection with an access point wireless device, is to further enhance the mechanism for wireless communications, wherein the base station determines configuration parameters for a wireless device, and the configuration parameters are based on traffic pattern information received from the wireless device, such as a traffic periodicity, a timing offset, and a message size. Allowable Subject Matter 11. Claims 7-9 and 20 are objected to as being dependent upon a rejected base claim 1 or 15, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claim(s). Regarding claim 7, the prior art in single or in combination fails to teach "wherein the recipient address information includes a broadcast media access control (MAC) address, wherein indicating the broadcast MAC address as the recipient address indicates that the first wireless device is unavailable to all wireless devices that receive the UUA frame on the first set of radio resources during the first time period of future unavailability” in combination with other limitation of the claim(s). Regarding claim 8, the prior art in single or in combination fails to teach "wherein the recipient address information includes a unicast media access control (MAC) address of the first wireless device, wherein indicating the unicast MAC address of the first wireless device as the recipient address indicates that the first wireless device is unavailable to all wireless devices that receive the UUA frame on the first set of radio resources during the first time period of future unavailability” in combination with other limitation of the claim(s). Regarding claim 9, the prior art in single or in combination fails to teach "wherein the recipient address information includes a unicast media access control (MAC) address of a second wireless device, wherein indicating the unicast MAC address of the second wireless device as the recipient address indicates that the first wireless device is unavailable to the second wireless device on the first set of radio resources during first time period of future unavailability” in combination with other limitation of the claim(s). Regarding claim 20, the prior art in single or in combination fails to teach "wherein the recipient address information includes one of: a broadcast media access control (MAC) address; a unicast MAC address of the first wireless device; or a unicast MAC address of the second wireless device, wherein the first wireless device is further configured to determine that the first time period of future unavailability for the second wireless device on the first set of radio resources applies to the first wireless device based at least in part on the recipient address information” in combination with other limitation of the claim(s). Response to Remarks/Arguments 12. Claim Double Patenting Rejection: Applicants indicated to hold the rejection in abeyance until a patentability determination is made for this application. The previous claim double patenting rejection is maintained consequently. 13. Claims Art Rejections: Applicants’ amendment with arguments filed June 8, 2026 have been fully considered but they are moot in view of the new ground(s) of rejection. Conclusion 14. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 WEI ZHAO whose telephone number is (571)270-5672. The examiner can normally be reached from 8:00AM to 5:00PM Monday through Friday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor JAE Y LEE can be reached on (571) 270-3936. 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. /WEI ZHAO/ Primary Examiner, Art Unit 2479
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Prosecution Timeline

Mar 21, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection mailed — §103
Jun 04, 2026
Response Filed
Jul 29, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+15.5%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1085 resolved cases by this examiner. Grant probability derived from career allowance rate.

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