Prosecution Insights
Last updated: October 02, 2026
Application No. 18/692,946

CHANNEL OCCUPANCY TIME SHARING BETWEEN DOWNLINK AND SIDELINK

Non-Final OA §103
Filed
Mar 18, 2024
Priority
Nov 15, 2021 — nonprovisional of PCTCN2021130593
Examiner
AGUREYEV, VLADISLAV Y
Art Unit
2471
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Non-Final)
91%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
395 granted / 436 resolved
+32.6% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
16 currently pending
Career history
449
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
62.4%
+22.4% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 436 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 . The office action is a response to Applicant’s Amendment filed June 2, 2026. Claims 1, 2, 4, 6-8, 13-19, 22, 24-26, and 29 have been amended. Claims 10-12, 21 and 28 have been cancelled. Claims 31 and 32 have been added. Claims 1-9, 13-20, 22-27, and 29-32 are now pending in the application. Response to Arguments Applicant’s arguments, see Remarks, filed June 2, 2026, with respect to the rejection(s) of subject matter in dependent claims 10-12, 21 and 28, now incorporated into amended independent claims, and the dependent claims cancelled, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a new reference, “Ko”, which is reasoned to disclose the amendments, and combined with existing reference, “Niu”, to reject the amended independent claims. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 4-6, 17, 19, 22-24 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Niu et al, U.S. Patent Application Publication No. 20220394768 A1 (hereinafter Niu), in view of Ko et al U.S. Patent Application Publication No. 20230199724 A1 (hereinafter Huang). Regarding Claim 1, Niu discloses a wireless communication device configured for wireless communication, comprising: one or more memories; and one or more processors coupled to the one or more memories (e.g., FIGS. 1, 2, UE 110; FIG.13, device 1300 with application circuitry, baseband circuitry, memory, antenna(s)), wherein the one or more processors are configured to: receive a channel occupancy time (COT) structure indication from a network access node for a COT initiated by the network access node on an unlicensed carrier (e.g., ¶ [0021] solutions for UEs to obtain channel occupancy times (COTs) for SL communications, and rules for sharing COTs with other UEs, and rules for CG uplink control information (UCI) of physical uplink shared channels (PUSCH) transmissions for NR in the unlicensed spectrum (NR-U); ¶ [0031] a downlink resource grid may be used for downlink transmissions from any of the RAN nodes 122 to UEs 110; e.g., ¶ [0032] RAN nodes 122 may be configured to wirelessly communicate with UEs 110, and/or one another, over a licensed medium (also referred to as the “licensed spectrum” and/or the “licensed band”), an unlicensed shared medium (also referred to as the “unlicensed spectrum” and/or the “unlicensed band”), or combination thereof; e.g., ¶ [0046] Process 300 may include receiving a CG [grant configuration] for SL communication (block 310). For example, UE 110 may receive information describing wireless resources that UE 110 may use to communicate with another UE 110 via SL communication. As described herein, UE 110 may receive the CG via RRC signaling from base station 122), the COT structure indication indicating COT resources shared between downlink communication and sidelink communication (e.g., FIG. 10, ¶ [0062] FIG. 10 is a diagram of examples 1000 for SL COT sharing with base station-initiated COTs. As described herein, a base station initiated COT may include a scenario in which base station 122 may contend for a COT in a shared radio frequency band (e.g., an unlicensed frequency) by performing a LBT procedure (e.g., a CAT-4 LBT) in the shared radio frequency band to acquire to a COT in the shared radio frequency band; e.g., ¶ [0063] where base station acquired COT is allowed for SL communications, the COT sharing may be enabled via RRC signaling from base station 122 to UE 110 (block 1030). In such scenarios, the RRC signaling may indicate whether SL transmission within the base station acquired COT is enabled or disabled. This may apply to type-1 CG RRC configurations. Additionally, or alternatively, for type-2 CG RRC configurations, base station 122 may indicate whether base station acquired COT sharing is enabled/disabled for SL communications in triggering downlink control information (DCI) and/or RRC configuration information. In some implementations, base station 122 may also, or alternatively, indicate dynamically (e.g., within base station acquired COT signaling, such as DCI 2-0) whether base station acquired COT sharing is enabled/disabled for SL communications); and perform a channel access procedure for a sidelink transmission within the COT resources (e.g., FIG. 10, ¶ [0063] [0064] UE 110 may proceed by engaging in SL communications based on the COT information). Niu does not expressly disclose receiving a sidelink energy detection threshold offset; and adjusting a default energy detection threshold by the sidelink energy detection threshold offset to produce an energy detection threshold for a channel access procedure. Ko discloses receive a sidelink energy detection threshold offset (e.g., ¶ [0196] According to an embodiment, in a transmission resource selection procedure, a specific threshold value related to RSRP [interpreted as received energy detection threshold] and a specific configuration value related to RSRP offset [i.e., energy detection threshold offset] to be applied to an SL DRX on-duration or active time period may be configured differently from a specific threshold value related to RSRP and a specific configuration value related to RSRP offset to be applied to an SL DRX off-duration or inactive time period. For example, a specific threshold value related to RSRP and specific configuration value related to RSRP offset to be applied to an SL DRX on-duration or active time period may be configured to be greater than a specific threshold value related to RSRP and a specific configuration value related to RSRP offset to be applied to an SL DRX off-duration or inactive time period), and adjust a default energy detection threshold by the sidelink energy detection threshold offset to produce an energy detection threshold for a channel access procedure (e.g., ¶ [0199] According to an embodiment, if the X value, or the ratio of the number of candidate resources to be applied to an SL DRX off-duration or an inactive time period to the number of candidate resources to be applied to an SL DRX on-duration or active time period is configured to a specific configuration value or determined by a UE implementation within a specific threshold value, if “the number of remaining valid idle resources within an on-duration or active time period” does not satisfy “the X value, or the ratio of the number of candidate resources to be applied to an SL DRX off-duration or an inactive time period to the number of candidate resources to be applied to an SL DRX on-duration or active time period” or “the ratio of total resources to target varid resources configured/determined in SL DRX on-duration or active time period” in a transmission resource selection procedure, a UE may increase the RSRP-related specific threshold configured for an SL DRX on-duration or active time period by a specific configuration value related to an RSRP offset (e.g., 3 dB) [i.e., adjust a default energy detection threshold by the sidelink energy detection threshold offset]. At this time, for example, the specific configuration value related to the RSRP offset may be configured or determined only for an SL DRX on-duration or active time period separately from the value applied to an SL DRX off-duration or inactive time period). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of obtain channel occupancy times for SL communications, as disclosed by Niu, with the disclosure of adjust a default energy detection threshold by the sidelink energy detection threshold offset to produce an energy detection threshold for a channel access procedure, as disclosed by Ko. The motivation to combine would have been to support enhanced mobile broadband communication (Ko: e.g., ¶ [0003]). Regarding Claim 4, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 1. Niu discloses wherein the one or more processors are further configured to: receive a message comprising a COT sharing indicator indicating whether COT sidelink sharing is enabled or disabled; and perform the channel access procedure for the sidelink transmission within the COT resources in response to the COT sharing indicator indicating that the COT sidelink sharing is enabled (e.g., ¶ [0064] upon receiving an indication (e.g., an RRC trigger, DCI trigger, etc.) that base station acquired COT sharing is enabled for SL communications, UE 110 may proceed by engaging in SL communications based on the COT information). Regarding Claim 5, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 4. Niu discloses wherein the message comprises a radio resource control (RRC) message or downlink control information (e.g., ¶ [0064] upon receiving an indication (e.g., an RRC trigger, DCI trigger, etc.) that base station acquired COT sharing is enabled for SL communications, UE 110 may proceed by engaging in SL communications based on the COT information). Regarding Claim 6, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 1. Niu discloses wherein the one or more processors are further configured to: receive downlink control information comprising the COT structure indication (e.g., ¶ [0064] upon receiving an indication (e.g., an RRC trigger, DCI trigger, etc.) that base station acquired COT sharing is enabled for SL communications, UE 110 may proceed by engaging in SL communications based on the COT information). Regarding Claim 17, the claim is directed to a method of wireless communication at a wireless communication device, comprising operations that are functionally similar to those performed by the device of claim 1. Therefore, the reasoning used in the examination of claim 1 shall be applied to claim 17. Regarding Claim 19, Niu in view of Ko discloses all the limitations of the method of claim 17. The functional limitations of Claim 19 are similar to claim 4. Therefore, the reasoning used in the examination of claim 4 shall be applied to claim 19. Regarding Claim 22, Niu discloses a network access node configured for wireless communication, comprising: one or more memories; and one or more processors coupled to the one or more memories (e.g., FIGS. 1, 2, RAN node 122; FIG.13, device 1300 with application circuitry, baseband circuitry, memory, antenna(s)), wherein the one or more processors are configured to: transmit a message to at least one wireless communication device, the message comprising a channel occupancy time (COT) sharing indicator indicating that COT sidelink sharing is enabled or disabled (e.g., ¶ [0064] base station 122 may also, or alternatively, indicate whether base station acquired COT sharing is enabled/disabled for SL communications for one or more UEs 110 in particular (e.g., a particular UE of a UE pair, UE group, a particular type of UE, etc.); and transmit a COT structure indication to the at least one wireless communication device for a COT initiated by the network access node on an unlicensed carrier (e.g., ¶ [0021] solutions for UEs to obtain channel occupancy times (COTs) for SL communications, and rules for sharing COTs with other UEs, and rules for CG uplink control information (UCI) of physical uplink shared channels (PUSCH) transmissions for NR in the unlicensed spectrum (NR-U); ¶ [0031] a downlink resource grid may be used for downlink transmissions from any of the RAN nodes 122 to UEs 110; e.g., ¶ [0032] RAN nodes 122 may be configured to wirelessly communicate with UEs 110, and/or one another, over a licensed medium (also referred to as the “licensed spectrum” and/or the “licensed band”), an unlicensed shared medium (also referred to as the “unlicensed spectrum” and/or the “unlicensed band”), or combination thereof; e.g., ¶ [0046] Process 300 may include receiving a CG [grant configuration] for SL communication (block 310). For example, UE 110 may receive information describing wireless resources that UE 110 may use to communicate with another UE 110 via SL communication. As described herein, UE 110 may receive the CG via RRC signaling from base station 122), the COT structure indication indicating COT resources shared between downlink communication and sidelink communication based on the COT sharing indicator indicating that the COT sidelink sharing is enabled (e.g., FIG. 10, ¶ [0062] FIG. 10 is a diagram of examples 1000 for SL COT sharing with base station-initiated COTs. As described herein, a base station initiated COT may include a scenario in which base station 122 may contend for a COT in a shared radio frequency band (e.g., an unlicensed frequency) by performing a LBT procedure (e.g., a CAT-4 LBT) in the shared radio frequency band to acquire to a COT in the shared radio frequency band; e.g., ¶ [0063] where base station acquired COT is allowed for SL communications, the COT sharing may be enabled via RRC signaling from base station 122 to UE 110 (block 1030). In such scenarios, the RRC signaling may indicate whether SL transmission within the base station acquired COT is enabled or disabled. This may apply to type-1 CG RRC configurations. Additionally, or alternatively, for type-2 CG RRC configurations, base station 122 may indicate whether base station acquired COT sharing is enabled/disabled for SL communications in triggering downlink control information (DCI) and/or RRC configuration information. In some implementations, base station 122 may also, or alternatively, indicate dynamically (e.g., within base station acquired COT signaling, such as DCI 2-0) whether base station acquired COT sharing is enabled/disabled for SL communications). Niu does not expressly disclose transmitting a sidelink energy detection threshold offset, wherein the sidelink energy detection threshold offset is configured to adjust a default energy detection threshold to produce an energy detection threshold for a channel access procedure initiated by the at least one wireless communication device. Ko discloses receive a sidelink energy detection threshold offset (e.g., ¶ [0196] According to an embodiment, in a transmission resource selection procedure, a specific threshold value related to RSRP [interpreted as received energy detection threshold] and a specific configuration value related to RSRP offset [i.e., energy detection threshold offset] to be applied to an SL DRX on-duration or active time period may be configured differently from a specific threshold value related to RSRP and a specific configuration value related to RSRP offset to be applied to an SL DRX off-duration or inactive time period. For example, a specific threshold value related to RSRP and specific configuration value related to RSRP offset to be applied to an SL DRX on-duration or active time period may be configured to be greater than a specific threshold value related to RSRP and a specific configuration value related to RSRP offset to be applied to an SL DRX off-duration or inactive time period), wherein the sidelink energy detection threshold offset is configured to adjust a default energy detection threshold to produce an energy detection threshold for a channel access procedure initiated by the at least one wireless communication device (e.g., ¶ [0199] According to an embodiment, if the X value, or the ratio of the number of candidate resources to be applied to an SL DRX off-duration or an inactive time period to the number of candidate resources to be applied to an SL DRX on-duration or active time period is configured to a specific configuration value or determined by a UE implementation within a specific threshold value, if “the number of remaining valid idle resources within an on-duration or active time period” does not satisfy “the X value, or the ratio of the number of candidate resources to be applied to an SL DRX off-duration or an inactive time period to the number of candidate resources to be applied to an SL DRX on-duration or active time period” or “the ratio of total resources to target varid resources configured/determined in SL DRX on-duration or active time period” in a transmission resource selection procedure, a UE may increase the RSRP-related specific threshold configured for an SL DRX on-duration or active time period by a specific configuration value related to an RSRP offset (e.g., 3 dB) [i.e., adjust a default energy detection threshold by the sidelink energy detection threshold offset]. At this time, for example, the specific configuration value related to the RSRP offset may be configured or determined only for an SL DRX on-duration or active time period separately from the value applied to an SL DRX off-duration or inactive time period). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of obtain channel occupancy times for SL communications, as disclosed by Niu, with the disclosure of adjust a default energy detection threshold by the sidelink energy detection threshold offset to produce an energy detection threshold for a channel access procedure, as disclosed by Ko. The motivation to combine would have been to support enhanced mobile broadband communication (Ko: e.g., ¶ [0003]). Regarding Claim 23, Niu in view of Ko discloses all the limitations of the method of claim 22. The functional limitations of Claim 23 are similar to claim 5. Therefore, the reasoning used in the examination of claim 5 shall be applied to claim 23. Regarding Claim 24, Niu in view of Ko discloses all the limitations of the method of claim 22. The functional limitations of Claim 24 are similar to claim 6. Therefore, the reasoning used in the examination of claim 6 shall be applied to claim 24. Regarding Claim 29, the claim is directed to a method of wireless communication at a network node, comprising operations that are functionally similar to those performed by the network node of claim 22. Therefore, the reasoning used in the examination of claim 22 shall be applied to claim 29. Claims 2, 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Niu in view of Ko, in further view of Huang et al U.S. Patent Application Publication No. 20230064680 A1 (hereinafter Huang). Regarding Claim 2, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 1. Niu does not expressly disclose wherein the one or more processors are further configured to: select between a first channel access procedure type for the sidelink transmission outside the COT resources and a second channel access procedure type associated with the COT structure indication for the sidelink transmission within the COT resources in response to receiving the COT structure indication. Huang discloses wherein the one or more processors are further configured to: select between a first channel access procedure type for the sidelink transmission outside the COT resources and a second channel access procedure type associated with the COT structure indication for the sidelink transmission within the COT resources in response to receiving the COT structure indication (e.g., ¶ [0776] for a COT initiated by network, a network may share the COT to one or more UEs using (e.g., based on) common signaling (e.g., group common signaling) such as Downlink Control Information (DCI) format 2_0, uplink grant, Random Access Response (RAR) grant, and/or DL assignment. In an example, a UE of the one or more UEs may receive a DL assignment indicating to use short LBT (e.g., the UE receiving the DL assignment indicating to use short LBT may mean that the UE may perform short LBT before transmitting a signal and/or channel in response to the DL assignment; e.g., ¶ [0531] If a UE determines the duration in time domain and the location in frequency domain of a remaining channel occupancy initiated by the gNB from a DCI format 2_0 as described in clause 11.1.1 of [7], the following is applicable: [0532] The UE may switch from Type 1 channel access procedures as described in clause 4.2.1.1 to Type 2A channel access procedures as described in clause 4.2.1.2.1 for its corresponding UL transmissions within the determined duration in time and location in frequency domain of the remaining channel occupancy [i.e., Type 2A is within COT]; e.g. ¶ [0611] long LBT [when] transmission outside COT; e.g., ¶ [0612] short LBT [when] transmission inside COT; e.g., ¶ [0620] short LBT (e.g., type-2A channel access procedure)). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of selecting between a first channel access procedure type for the sidelink transmission outside the COT resources and a second channel access procedure type associated with the COT structure indication for the sidelink transmission within the COT resources in response to receiving the COT structure indication, as disclosed by Huang. The motivation to combine would have been to support LBT for sidelink transmission (Huang: e.g., ¶ [0002]). Regarding Claim 3, Niu in view of Ko in further view of Huang discloses all the limitations of the wireless communication device of claim 2. Niu does not expressly disclose wherein the second channel access procedure type corresponds to a Type 2A channel access procedure Huang discloses wherein the second channel access procedure type corresponds to a Type 2A channel access procedure (e.g., ¶ [0620] short LBT (e.g., type-2A channel access procedure)). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of selecting between a first channel access procedure type for the sidelink transmission outside the COT resources and a second channel access procedure type associated with the COT structure indication for the sidelink transmission within the COT resources in response to receiving the COT structure indication, as disclosed by Huang. The motivation to combine would have been to support LBT for sidelink transmission (Huang: e.g., ¶ [0002]). Regarding Claim 18, Niu in view of Ko discloses all the limitations of the method of claim 17. The functional limitations of Claim 18 are similar to claim 2. Therefore, the reasoning used in the examination of claim 2 shall be applied to claim 18. Claims 7-9, 20, 25-27 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Niu in view of Ko, in further view of Bang et al, U.S. Patent Application Publication No. 20210329608 A1 (hereinafter Bang). Regarding Claim 7, Niu discloses all the limitations of the wireless communication device of claim 1. Niu does not expressly disclose wherein the one or more processors are further configured to: receive downlink control information comprising sidelink resource information and a channel access cyclic prefix (CP) extension channel access priority class (ChannelAccess-CPext-CAPC) field, the ChannelAccess-CPext-CAPC field indicating a listen-before-talk (LBT) type, a CP extension length, and a channel access priority class (CAPC) for COT sidelink sharing; and perform the channel access procedure based on the LBT type, the CP extension length, and the CAPC. Bang discloses wherein the one or more processors are further configured to: receive downlink control information comprising sidelink resource information and a channel access cyclic prefix (CP) extension channel access priority class (ChannelAccess-CPext-CAPC) field, the ChannelAccess-CPext-CAPC field indicating a listen-before-talk (LBT) type, a CP extension length, and a channel access priority class (CAPC) for COT sidelink sharing. (e.g., ¶ [0228], Table 20, base sends DCI to terminal, which includes channel access type, CP extension and CAPC; e.g., ¶ [0250] [applicable to NR, as well as] LTE, LTE-A, LTE-A-Pro, and 5G… receiving a signal by using an unlicensed band, but is applicable to a system operating in a licensed band. Furthermore, a base station and a terminal operating in an unlicensed band [and] applicable to the base station and the terminal operating not only in an unlicensed band but also in a licensed band, a shared spectrum, or a sidelink); and perform the channel access procedure based on the LBT type, the CP extension length, and the CAPC (e.g., ¶ [[0218] channel access procedure that… the terminal can perform; e.g., ¶ [0227] The base station may configure channel access procedure performing information required for uplink transmission of the terminal). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of receiving DCi comprising CAPC class, extension information, and LBT type, as disclosed by Bang. The motivation to combine would have been to support a channel access procedure scheme in a wireless communication system (Bang: e.g., ¶ [0002]). Regarding Claim 8, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 7. Niu does not expressly disclose wherein the one or more processors are further configured to: receive a configuration of allowed combinations of the LBT type, the CP extension length, and the CAPC, the ChannelAccess-CPext-CAPC field indicating one of the allowed combinations. Bang discloses wherein the one or more processors are further configured to: receive a configuration of allowed combinations of the LBT type, the CP extension length, and the CAPC, the ChannelAccess-CPext-CAPC field indicating one of the allowed combinations (e.g., ¶ [02228], Table 20). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of receiving DCi comprising CAPC class, extension information, and LBT type, as disclosed by Bang. The motivation to combine would have been to support a channel access procedure scheme in a wireless communication system (Bang: e.g., ¶ [0002]). Regarding Claim 9, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 7. Niu does not expressly disclose wherein the CP extension length comprises one of zero, a first variable multiplied by a symbol length minus 25 microseconds, a second variable multiplied by the symbol length minus 16 microseconds, or a third variable multiplied by the symbol length plus a timing advance minus 25 microseconds. Bang discloses wherein the CP extension length comprises one of zero, a first variable multiplied by a symbol length minus 25 microseconds, a second variable multiplied by the symbol length minus 16 microseconds, or a third variable multiplied by the symbol length plus a timing advance minus 25 microseconds (e.g., ¶ [02228], Table 20). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of receiving DCi comprising CAPC class, extension information, and LBT type, as disclosed by Bang. The motivation to combine would have been to support a channel access procedure scheme in a wireless communication system (Bang: e.g., ¶ [0002]). Regarding Claim 20, Niu in view of Ko discloses all the limitations of the method of claim 17. The functional limitations of Claim 20 are similar to the combined limitations of claim 7 and claim 8. Therefore, the reasoning used in the examination of claims 7 and 8 shall be applied to claim 20. Regarding Claim 25, Niu in view of Ko discloses all the limitations of the method of claim 22. The functional limitations of Claim 25 are similar to claim 7. Therefore, the reasoning used in the examination of claim 7 shall be applied to claim 25. Regarding Claim 26, Niu in view of Ko discloses all the limitations of the method of claim 25. The functional limitations of Claim 26 are similar to claim 8. Therefore, the reasoning used in the examination of claim 8 shall be applied to claim 26. Regarding Claim 27, Niu discloses all the limitations of the method of claim 25. The functional limitations of Claim 27 are similar to claim 9. Therefore, the reasoning used in the examination of claim 9 shall be applied to claim 27. Regarding Claim 30, Niu in view of Ko discloses all the limitations of the method of claim 29. The functional limitations of Claim 30 are similar to claim 7. Therefore, the reasoning used in the examination of claim 7 shall be applied to claim 30. Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Niu in view of Ko, in further view of Wang et al, U.S. Patent Application Publication No. 20240073944 A1 (hereinafter Bang). Regarding Claim 13, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 1. Niu does not expressly disclose wherein the one or more processors are further configured to: determine the default energy detection threshold based on either a single channel LBT bandwidth or a maximum energy detection threshold defined for the unlicensed carrier by a regulatory requirement. Wang discloses wherein the one or more processors are further configured to: determine the default energy detection threshold based on either a single channel LBT bandwidth or a maximum energy detection threshold defined for the unlicensed carrier by a regulatory requirement (e.g., ¶ [0145] The set maximum output power may be determined as follow: P′.sub.TX=P.sub.TX+D2, where P.sub.TX is the set maximum output power in dBm for the shared channel, and D2 is an offset in dBm determined from the power-related parameter. The network device 110 may use the adjusted maximum output power P′.sub.TX to determine the energy detection threshold. For example, the determination of the energy detection threshold in a specification is as follows: [see Equation 1] PNG media_image1.png 78 562 media_image1.png Greyscale where X.sub.Thresh_max is the energy detection threshold, T.sub.A and P.sub.H is a preset value, BWMHz is the single channel bandwidth in MHz, and P.sub.TX is the set maximum output power, which may be adjusted to be P′.sub.TX as discussed above.). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of receiving receive a sidelink energy detection threshold offset, as disclosed by Wang. The motivation to combine would have been to support a solution of transmission of synchronization signal blocks (Wang: e.g., ¶ [0004]). Regarding Claim 14, Niu in view of Ko in further view of Wang discloses all the limitations of the wireless communication device of claim 13. Niu discloses wherein the one or more processors are further configured to: receive an indication of an absence of any other technology in sidelink on the unlicensed carrier (e.g., FIG. 3, enabling NR SL communications in the unlicensed spectrum; e.g., ¶ [0020] UEs may also be capable of communicating with one another directly via using sidelink (SL) communication; e.g., ¶ [0065] FIG. 11 is a diagram of examples 1100 for CG uplink control information (CG-UCI) for a CG SL in the unlicensed spectrum (CG-Sidelink-U)). Regarding Claim 15, Niu in view of Ko in further view of Wang discloses all the limitations of the wireless communication device of claim 13. Niu does not expressly disclose wherein the one or more processors are further configured to: determine the default energy detection threshold based on the single channel LBT bandwidth, a first fixed value, a second fixed value, and a maximum configured transmit power in sidelink for the wireless communication device. Wang discloses wherein the one or more proc4essors are further configured to: determine the default energy detection threshold based on the single channel LBT bandwidth, a first fixed value, a second fixed value, and a maximum configured transmit power in sidelink for the wireless communication device (e.g., ¶ [0145] The set maximum output power may be determined as follow: P′.sub.TX=P.sub.TX+D2, where P.sub.TX is the set maximum output power in dBm for the shared channel, and D2 is an offset in dBm determined from the power-related parameter. The network device 110 may use the adjusted maximum output power P′.sub.TX to determine the energy detection threshold. For example, the determination of the energy detection threshold in a specification is as follows: [see Equation 1] PNG media_image1.png 78 562 media_image1.png Greyscale where X.sub.Thresh_max is the energy detection threshold, T.sub.A and P.sub.H is a preset value, BWMHz is the single channel bandwidth in MHz, and P.sub.TX is the set maximum output power, which may be adjusted to be P′.sub.TX as discussed above.). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of receiving a sidelink energy detection threshold offset, as disclosed by Wang. The motivation to combine would have been to support a solution of transmission of synchronization signal blocks (Wang: e.g., ¶ [0004]). Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Niu in view of Ko, in further view of Huang. Regarding Claim 16, Niu in view of Ko discloses all the limitations of the wireless communication device of claim 1. Niu does not expressly disclose wherein the one or more processors are further configured to: determine the energy detection threshold based on a maximum configured transmit power in sidelink for the wireless communication device and an occupied bandwidth. Huang discloses wherein the one or more processors are further configured to: determine the energy detection threshold based on a maximum configured transmit power in sidelink for the wireless communication device and an occupied bandwidth (e.g., ¶ [0661] determine (e.g., derive) a maximum sidelink transmit power… based on the energy detection threshold. In an example, the indicated energy detection threshold is X.sub.Thresh and a bandwidth of the… sidelink transmission). It would have been obvious to one of ordinary skill in the art at the time of the filing date to combine the disclosure of perform a channel access procedure for a sidelink transmission within the COT resources when COT is initiated by network, as disclosed by Niu in view of Ko, with the disclosure of determining the energy detection threshold based on a maximum configured transmit power in sidelink for the wireless communication device and an occupied bandwidth, as disclosed by Huang. The motivation to combine would have been to support LBT for sidelink transmission (Huang: e.g., ¶ [0002]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References considered relevant to this application are listed in the attached "Notice of References Cited” (PTO-892). Any inquiry concerning this communication or earlier communications from the examiner should be directed to VLADISLAV Y AGUREYEV whose telephone number is (571)272-0549. The examiner can normally be reached Monday--Friday (9-5). 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, Sujoy Kundu can be reached at (571) 272-8586. 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. /VLADISLAV Y AGUREYEV/Examiner, Art Unit 2471
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Prosecution Timeline

Mar 18, 2024
Application Filed
Mar 16, 2026
Non-Final Rejection mailed — §103
Jun 01, 2026
Examiner Interview Summary
Jun 01, 2026
Applicant Interview (Telephonic)
Jun 04, 2026
Response Filed
Aug 25, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
91%
Grant Probability
95%
With Interview (+4.3%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 436 resolved cases by this examiner. Grant probability derived from career allowance rate.

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