Prosecution Insights
Last updated: October 02, 2026
Application No. 18/699,459

Method for Handling Side Link (SL) Communication Over an Unlicensed Spectrum

Final Rejection §103
Filed
Apr 08, 2024
Priority
Oct 14, 2021 — provisional 63/262,499 +1 more
Examiner
WYLLIE, CHRISTOPHER T
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
1y 7m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
378 granted / 644 resolved
+0.7% vs TC avg
Strong +36% interview lift
Without
With
+36.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
26 currently pending
Career history
672
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
63.6%
+23.6% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 644 resolved cases

Office Action

§103
CTNF 18/699,459 CTNF 84737 DETAILED OFFICE ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This action is responsive to the communication received April 8 th , 2024. Claims 1-28 have been canceled. Claims 29-47 have been newly added. Claims 29-47 have been entered and are presented for examination. Priority Application 18/699,459 is a 371 of PCT/SE2022/050912 10/10/2022 and has US Provisional Application 63/262,499 10/14/2021. Information Disclosure Statement The information disclosure statements (IDS) submitted on December 19 th , 2024 and April 8 th , 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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 non-obviousness. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) 29-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2022/0039161) in view of Xue et al. (US 2021/0400732) . Regarding claims 29, 41, Zhang et al. discloses a method performed by a network node for handling a Side Link (SL) communication over an unlicensed spectrum (paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]) , between one or more peers comprising at least a first User Equipment (UE) and a second UE in a wireless communications network (see Figure 3B paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication]) , the method comprising: initiating a Channel Occupancy Time (COT) to be used for the SL communication, wherein the COT is a time period for performing SL communication using the unlicensed spectrum (paragraph 0103 [A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)); UEs may share a set of resources in unlicensed spectrum for sidelink communication. The set of resources may be resources in or during a COT. The COT may span multiple slots and include of a number of resource blocks in frequency]) . However, Zhang et al. discloses sharing information includes ED threshold that is provided by the UE (paragraph 0106) , but does not explicitly disclose the network node performs signalling an indication of COT parameters to at least one of the one or more peers, enabling at least one of the one or more of the peers, to start the SL communication during the COT. However, Xue et al. discloses the network node performs signalling an indication of COT parameters to at least one of the one or more peers, enabling at least one of the one or more of the peers, to start the SL communication during the COT (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT. Regarding claims 30, 42, the references as combined above disclose all the recited subject matter in claims 29, 41. Zhang et al. further discloses obtaining an indication that the first UE requires to transmit data to the second UE over an SL communication (paragraphs 0065, 0103 [A DG may provide a one-time grant of sidelink resources, such as responsive to instantaneous demand/need for sidelink communication.; A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]) . Zhang et al. does not explicitly disclose wherein initiating the COT for the unlicensed spectrum is based on and/or triggered by the obtained indication. However Xue et al. suggests wherein initiating the COT for the unlicensed spectrum is based on and/or triggered by the obtained indication (paragraph 0080 [In some aspects, a device in wireless communications system 200 (e.g., UEs 115-a, 115-b, 115-c or a node 205) may reserve an occupancy time for unlicensed channel access based on completing a successful LBT procedure. The device may check out a COT for channel access in order to transmit data, share the channel resources with another device, or both]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the base station could perform LBT based on the DG for an SL transmission. The motivation for this is to determine whether the channel is free for transmission before transmission of the SL data. Regarding claims 31, 43, the references as combined above disclose all the recited subject matter in claims 29, 41. However, Xue et al. further discloses wherein the indication of COT parameters comprises an indication of a channel assessment procedure to use before communicating using the unlicensed spectrum during the COT (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT. Regarding claim 32, the references as combined above disclose all the recited subject matter in claim 29. However, Xue et al. further discloses wherein the channel assessment comprises any one out of: no Listen Before Talk (LBT), use LBT without a random back-off, LBT with random back-off using a contention window of fixed size, LBT with random back-off using a contention window of a variable size, and a defined sensing time before transmission and with a defined switching gap time (paragraph 0069 [Shared radio frequency channels may thus be acquired (e.g., via successful LBT procedures indicating the shared radio frequency channel is available) before transmission. LBT procedures may also be defined according to multiple categories. Examples of LBT categories include a category one LBT (Cat1 LBT), a category two LBT (Cat2 LBT), a category three LBT (Cat3 LBT), and a category four LBT (Cat4 LBT). A Cat1 LBT may include no LBT. A Cat2 LBT may include channel sensing but without a backoff time (e.g., a pseudo-random backoff, or the like) if the channel is busy. A Cat3 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a fixed size contention window. A Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize when the base station is attempting to initiate the COT to use a Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window. The motivation for this is to provide a better chance at reserving the channel. Regarding claim 33, the references as combined above disclose all the recited subject matter in claim 29. However, Xue et al. further discloses wherein the indication of the COT parameters comprises an indication of any one or more out of: an LBT category indicating how to perform for channel assessment, Load Based Equipment (LBE) channel access parameters, Frame Based Equipment (FBE) channel access parameters, a FBE COT length, a switch between channel access mode of the COT, an indication of which node initiated the COT, information about CP extension, and an Energy Detection (ED) threshold (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT. Regarding claims 34, 44, Zhang et al. discloses a method performed by a first User Equipment (UE) or second UE for handling a Side Link (SL) communication over an unlicensed spectrum (paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]) , between one or more peers comprising at least the first UE and the second UE in a wireless communications network (see Figure 3B paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication]) , the method comprising: wherein the COT is a time period for performing SL communication using the unlicensed spectrum paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]) , and starting the SL communication during the COT paragraph 0103 [Multiple UEs may share a set of resources in unlicensed spectrum for sidelink communication; The COT may span multiple slots and include of a number of resource blocks in frequency. A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT]) . Zhang et al. does not explicitly disclose receiving an indication of Channel Occupancy Time (COT) parameters, and starting the SL communication during the COT based on the access information indicated by the indication of COT parameters. However, Xue et al. discloses receiving an indication of Channel Occupancy Time (COT) parameters (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]) ; , and starting the SL communication during the COT based on the access information indicated by the indication of COT parameters (paragraphs 0079-0080 [sidelink data; The device may check out a COT for channel access in order to transmit data]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT between the UEs. Regarding claims 35, 45, the references as combined above disclose all the recited subject matter in claims 34, 44. However, Xue et al. further discloses based on the COT parameters, determining how to perform SL communication using the unlicensed spectrum during the COT (paragraph 0085 [[0085] Additionally or alternatively, the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure. In some aspects, a COT sharing indicator 220 may indicate a cyclic prefix (CP) extension, a CAPC, or a slot, resource, or sub-channel in which a UE 115 may conduct the indicated LBT procedure (e.g., one-shot LBT]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the UEs will transmit based on the sharing indicator information to avoid interference. Regarding claims 36, 46, the references as combined above disclose all the recited subject matter in claims 35, 45. However, Xue et al. further discloses wherein determining how to perform SL communication using the unlicensed spectrum during the COT, comprises determining a channel assessment procedure to use before communicating using the unlicensed spectrum during the COT (paragraph 0069 [Shared radio frequency channels may thus be acquired (e.g., via successful LBT procedures indicating the shared radio frequency channel is available) before transmission. LBT procedures may also be defined according to multiple categories. Examples of LBT categories include a category one LBT (Cat1 LBT), a category two LBT (Cat2 LBT), a category three LBT (Cat3 LBT), and a category four LBT (Cat4 LBT). A Cat1 LBT may include no LBT. A Cat2 LBT may include channel sensing but without a backoff time (e.g., a pseudo-random backoff, or the like) if the channel is busy. A Cat3 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a fixed size contention window. A Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize when the UEs are attempting to transmit using the COT to use a Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window. The motivation for this is to provide a better chance at reserving the channel. Regarding claims 37, 47, the references as combined above disclose all the recited subject matter in claims 34, 44. However, Zhang et al. further discloses requesting to initiate the COT for the unlicensed spectrum for SL communication over the unlicensed spectrum between the one or more peers (paragraphs 0065; 0103 [A COT may be initiated by a UE or a network node (e.g., a UE, a base station, roadside unit (RSU)) may initiate a COT based on LBT; LBT is the request; A DG may provide a one-time grant of sidelink resources, such as responsive to instantaneous demand/need for sidelink communication]) . Regarding claim 38, the references as combined above disclose all the recited subject matter in claim 34. However, Xue et al. further discloses wherein the indication of COT parameters comprises an indication of a channel assessment procedure to use before communicating using the unlicensed spectrum during the COT (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT. Regarding claim 39, the references as combined above disclose all the recited subject matter in claim 38. However, Xue et al. further discloses wherein the channel assessment comprises any one out of: no Listen Before Talk (LBT), use LBT without a random back-off, LBT with random back-off using a contention window of fixed size, LBT with random back-off using a contention window of a variable size, and a defined sensing time before transmission and with a defined switching gap time (paragraph 0069 [Shared radio frequency channels may thus be acquired (e.g., via successful LBT procedures indicating the shared radio frequency channel is available) before transmission. LBT procedures may also be defined according to multiple categories. Examples of LBT categories include a category one LBT (Cat1 LBT), a category two LBT (Cat2 LBT), a category three LBT (Cat3 LBT), and a category four LBT (Cat4 LBT). A Cat1 LBT may include no LBT. A Cat2 LBT may include channel sensing but without a backoff time (e.g., a pseudo-random backoff, or the like) if the channel is busy. A Cat3 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a fixed size contention window. A Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize when the base station is attempting to initiate the COT to use a Cat4 LBT may include channel sensing with a pseudo-random backoff if the channel is busy and a variable size contention window. The motivation for this is to provide a better chance at reserving the channel. Regarding claim 40, the references as combined above disclose all the recited subject matter in claim 34. However, Xue et al. further discloses wherein the indication of the COT parameters comprises an indication of any one or more out of: an LBT category indicating how to perform for channel assessment, Load Based Equipment (LBE) channel access parameters, Frame Based Equipment (FBE) channel access parameters, a FBE COT length, a switch between channel access mode of the COT, an indication of which node initiated the COT, information about CP extension, and an Energy Detection (ED) threshold (paragraph 0014-0015, 0081, 0085 [a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information; In some cases, a UE 115 may be configured for COT sharing by a centralized scheduler (e.g., according to a grant received from a base station 105 that includes COT sharing information). In an aspect, the UE 115 may receive a dedicated radio resource control (RRC) message (e.g., a Type 1 configured grant (CG) or a similar configuration message), a dedicated RRC message and a DCI message for activation (e.g., a Type 2 CG or a similar configuration message), a DCI message for a one-shot COT sharing indicator 220, or a combination thereof from a base station 105 to configure the UE 115 for COT sharing (e.g., configuring the UE 115 with a COT sharing indicator 220; the COT sharing indicator 220 may include timing information corresponding to the type of LBT procedure, a cyclic prefix (CP) extension, ED threshold)]) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the sharing information can be configured by the base station to configure how the SL resources will be used during the COT. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER T WYLLIE whose telephone number is (571)270-3937. The examiner can normally be reached 4 pm-11:30 pm. 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, Ayman Abaza can be reached at (571)270-0422. 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. /CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465 Application/Control Number: 18/699,459 Page 2 Art Unit: 2465 Application/Control Number: 18/699,459 Page 3 Art Unit: 2465 Application/Control Number: 18/699,459 Page 4 Art Unit: 2465 Application/Control Number: 18/699,459 Page 5 Art Unit: 2465 Application/Control Number: 18/699,459 Page 6 Art Unit: 2465 Application/Control Number: 18/699,459 Page 7 Art Unit: 2465 Application/Control Number: 18/699,459 Page 8 Art Unit: 2465 Application/Control Number: 18/699,459 Page 9 Art Unit: 2465 Application/Control Number: 18/699,459 Page 10 Art Unit: 2465 Application/Control Number: 18/699,459 Page 11 Art Unit: 2465 Application/Control Number: 18/699,459 Page 12 Art Unit: 2465 Application/Control Number: 18/699,459 Page 13 Art Unit: 2465 Application/Control Number: 18/699,459 Page 14 Art Unit: 2465 Application/Control Number: 18/699,459 Page 15 Art Unit: 2465
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Prosecution Timeline

Apr 08, 2024
Application Filed
Apr 07, 2026
Non-Final Rejection mailed — §103
Jul 06, 2026
Response Filed
Sep 30, 2026
Final Rejection mailed — §103 (current)

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