Prosecution Insights
Last updated: April 19, 2026
Application No. 18/681,322

SIDELINK OPERATION IN UNLICENSED SPECTRUM

Non-Final OA §101§102
Filed
Feb 05, 2024
Examiner
DANIEL JR, WILLIE J
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
InterDigital Patent Holdings, Inc.
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
3y 8m
To Grant
81%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
429 granted / 712 resolved
+2.3% vs TC avg
Strong +20% interview lift
Without
With
+20.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
28 currently pending
Career history
740
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 resolved cases

Office Action

§101 §102
DETAILED ACTION This action is in response to application filed on 05 February 2024 (including amendment filed simultaneously). Claims 16-29 are now pending in the present application and claims 1-15 are canceled. This office action is made Non-Final. 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(s) (IDS) submitted on 05 February 2024 are in compliance with the provisions of 37 CFR 1.97 and is being considered by the examiner. Claim Rejections - 35 USC § 101 Medium Defined Non-transitory for 35 USC 101 Statutory Claims 26 (including dependent claims 26-29) are drawn to a computer-readable storage medium that is described as “…storage media includes…media implemented in any non-transitory (e.g., tangible or physical) method…such computer readable storage media do not include signals. Computer readable storage media include…RAM, ROM, EEPROM, flash memory…disks…or any other tangible or physical medium….” (see orig. spec., pg. 43, [00208, lines 1128-1131]). The Examiner interprets a computer storage medium as only and exclusively to be a non-transitory medium excluding both a propagating signal and/or carrier wave. 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. Claim(s) 16-29 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fakoorian et al. (hereinafter Fakoorian) (US 2021/0136783 A1). Regarding claims 16, 22, and 26, Fakoorian discloses a wireless transmit/receive unit (WTRU) (e.g., UE 115, 315, 500) comprising a processor (e.g., 502) and a memory (e.g., 504), the processor configured to { (see pg. 1, [0059]; pg. 7, [0082]; pg. 9, [0097]; Figs. 1, 3, & 5) }: transmit a sidelink (SL) transport block to a remote WTRU (e.g., 115 - SL RX UE) { (see pg. 17, [0174]; Figs. 1, 3, 5, 7A-13, & 15-16), where the system provides UE (e.g., 115 - SL TX UE) that transmits sidelink data to UE (e.g., 115 - SL RX UE) }; receive SL configuration information { (see pg. 4, [0054, 0056]; pg. 19, [0205]; Figs. 1, 3, 5, 7A-13, & 15-16), where the system provides parameters (e.g., resources) for configuration }; measure listen-before-talk (LBT) failure rate { (see pg. 7, [0076-0077]; Figs. 1, 3, 5, 7A-13, & 15-16), where the system can measure failure }; determine whether the LBT failure rate is below a failure rate threshold { (see pg. 7, [0076-0077]; pg. 19, [0205]; Figs. 1, 3, 5, 7A-13, & 15-16), where the system provides a threshold for failure }; based on a determination that the LBT failure rate is below the failure rate threshold, determine whether an acknowledgement (ACK) or a negative acknowledgment (NACK) has been received within a first threshold period, the first threshold period starting when the SL transport block is transmitted; wherein, upon a determination that a NACK is received during the first threshold period, retransmit the SL transport block to the remote WTRU { (see pg. 17, [0174]; Figs. 1, 3, 5, 7A-13, & 15-16), where the system provides ACK/NACK }; and wherein, upon a determination that a NACK is not received during the first threshold period, determine an ACK associated with the SL transport block { (see pg. 17, [0174]; Figs. 1, 3, 5, 7A-13, & 15-16), where the system provides ACK/NACK }. Regarding claims 17, 23, and 27, Fakoorian discloses the WTRU of claim 16, wherein the NACK is indicated via a SL indicator in a SL transmission from the remote WTRU and an ACK is indicated via a SL indicator received in a SL transmission from the remote WTRU, wherein the SL indicator comprises a bitmap { (see pg. 17, [0174]; Figs. 1, 3, 5, 7A-13, & 15-16) }. Regarding claims 18 and 28, Fakoorian discloses the WTRU of claim 16, wherein the processor is configured to: determine that the LBT failure rate is above the failure rate threshold; based on a determination that the LBT failure rate is above the failure rate threshold, determine whether an explicit ACK has been received within a second threshold period, the second threshold period starting when the SL transport block is transmitted; determine a NACK when an ACK is not received within the second threshold period; and retransmit the SL transport block to the remote WTRU based on the determination of the NACK { (see pg. 17, [0174, 0179]; Figs. 1, 3, 5, 7A-13, & 15-16) }. Regarding claims 19 and 29, Fakoorian discloses the WTRU of claim 18, wherein the processor is configured to: determine that an ACK is received within the second threshold period { (see pg. 17, [0174, 0179]; Figs. 1, 3, 5, 7A-13, & 15-16) }. Regarding claims 20 and 24, Fakoorian discloses the WTRU of claim 16, wherein the processor is configured to receive a SL indicator from the remote WTRU, wherein the SL indicator comprises information corresponding to a plurality of scheduled hybrid automatic repeat request (HARQ) processes { (see pg. 17, [0174, 0179]; Figs. 1, 3, 5, 7A-13, & 15-16) }. Regarding claims 21 and 25, Fakoorian discloses the WTRU of claim 16, wherein the WTRU performs LBT after receiving SL configuration information { (see pg. 17, [0174, 0179]; pg. 7, [0076-0077]; pg. 19, [0205]; Figs. 1, 3, 5, 7A-13, & 15-16) }. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sun et al. (US 20230127485 A1) discloses stand-alone sidelink communication over unlicensed band. Kwak et al. (US 20220110107 A1) discloses sidelink transmission from remote user equipment (UE) to relay UE. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272-7907. The examiner can normally be reached on 9 - 6. 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, Gary Mui can be reached on 571-270-1420. 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. /WILLIE J DANIEL JR/Primary Examiner, Art Unit 2465 WJD,Jr 18 December 2025
Read full office action

Prosecution Timeline

Feb 05, 2024
Application Filed
Dec 20, 2025
Non-Final Rejection — §101, §102
Apr 08, 2026
Interview Requested
Apr 15, 2026
Applicant Interview (Telephonic)
Apr 15, 2026
Examiner Interview Summary

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

1-2
Expected OA Rounds
60%
Grant Probability
81%
With Interview (+20.3%)
3y 8m
Median Time to Grant
Low
PTA Risk
Based on 712 resolved cases by this examiner. Grant probability derived from career allow rate.

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