Prosecution Insights
Last updated: July 17, 2026
Application No. 18/700,672

SIDELINK CHANNEL OCCUPANCY TIME SHARING RESOURCE AWARENESS

Non-Final OA §102§103
Filed
Apr 11, 2024
Priority
Dec 17, 2021 — nonprovisional of PCTCN2021139151
Examiner
NGUYEN, THE HY
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
239 granted / 321 resolved
+16.5% vs TC avg
Strong +32% interview lift
Without
With
+31.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
31 currently pending
Career history
354
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
90.7%
+50.7% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 321 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Election/Restriction Applicant’s election without traverse of claim(s) 1-20 in the reply filed 05/29/2026 is acknowledged. Claim(s) 21-30 are withdrawn from consideration. Allowable Subject Matter Claim(s) 9-11 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (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) 1-7 and 12-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kusashima et al. (US 2024/0406983 A1). Regarding claim 1, Kusashima discloses A method for wireless communication at a first user equipment (UE), comprising (Fig. 12: UE1): identifying that the first UE is operating in an unlicensed spectrum and in a frame based equipment mode or a load based equipment mode for sidelink communications ([0176]: A channel access procedure is performed to access an unlicensed channel on which transmission is performed in the base station 20 or the terminal device 40. The channel access can be rephrased as medium access or listen before talk (LBT). [0177]: In a channel access procedure of load-based equipment (LBE), sensing of a channel is performed once or a plurality of times. [0214]: In a channel access procedure of frame based equipment (FBE), sensing of a channel is performed once before transmission … the above-described “channel access” can be rephrased as listen before talk (LBT). [0220]: In an unlicensed band operation, a wireless communication device (hereinafter referred to as a communication device) performs LBT before signal transmission. When it is determined that the channel is clear as a result of the LBT, the channel can be occupied for a predetermined time. A predetermined time during which a channel can be occupied after the LBT is referred to as a channel occupancy time (COT). In the LBE, the COT is defined to fall within the maximum channel occupancy time (Maximum COT) defined in the table in FIG. 10A. In the FBE, the COT is defined to fall within 95% of the fixed frame period. The COT acquired by the communication device may be used for transmission of a reception-side communication device (hereinafter referred to as a reception device). Transmission of a signal by a communication device (responding device) different from the communication device (initiating device) that has acquired the COT using the COT is referred to as COT sharing. When the COT is shared, other communication devices also need to recognize the COT and the COT length); receiving, from a second UE, a message indicating one or more shared resources during a channel occupancy time, wherein the one or more shared resources are available for the first UE to use for sidelink transmissions (Fig. 12, [0231]: After acquiring the COT, the 3rd device sends, in … sidelink, information indicating COT sharing to UE1 and/or UE2. [0272]: the COT sharing information transmitted through the PSFCH … indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted); and transmitting, to a third UE, a sidelink transmission using the one or more shared resources (Fig. 12, [0231]: Upon receiving the COT sharing information, UE1 and/or UE2 perform sidelink communication in the shared COT. [0272]: the COT sharing information transmitted through the PSFCH … indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 2, Kusashima discloses all features of claim(s) 1 as outlined above. Kusashima discloses wherein receiving the message further comprises: receiving, via the message, a single bit that indicates whether the first UE is allowed to transmit the sidelink transmission using the one or more shared resources during a duration between when the first UE receives the message and an end of the channel occupancy time ([0272]: the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted. Fig. 12, [0231]: Upon receiving the COT sharing information, UE1 and/or UE2 perform sidelink communication in the shared COT). Regarding claim(s) 3, Kusashima discloses all features of claim(s) 2 as outlined above. Kusashima discloses wherein receiving the message further comprises: receiving the message via unicast (Fig. 12, [0274]: transmitting the COT sharing information provided from the another terminal device 40 through the sidelink communication may be determined, defined, or changed according to the cast type (that is, unicast, groupcast, or broadcast)). Regarding claim(s) 4, Kusashima discloses all features of claim(s) 1 as outlined above. Kusashima discloses wherein the one or more shared resources are based at least in part on a transmission time of the message indicating the one or more shared resources (Fig. 17, [0288], [0290]: Tx UE receives COT sharing information in S406 and determines resource on the basis of the information of the COT specified in the COT sharing information in S407. [0291]: the base station is disclosed to provide the COT sharing information, but a primary terminal device may also provide the COT sharing information on a sidelink. Fig. 12, [0232]: In sharing, the primary UE starts the COT. [0272]: the COT sharing information provided from the another terminal device 40 through the sidelink communication can be transmitted through the physical sidelink feedback channel (PSFCH)... The PSFCH may be mapped on the last symbol and/or the penultimate symbol of a predetermined slot. For example, the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 5, Kusashima discloses all features of claim(s) 4 as outlined above. Kusashima discloses wherein receiving the message further comprises: receiving, via the message, a bitmap that indicates the one or more shared resources, wherein at least one bit of the bitmap indicates a shared resource of the one or more shared resources that is in relation to the transmission time of the message indicating the one or more shared resources ([0298]: in a case where the setter of the dynamic resource pool is other than the transmission device, it is necessary to provide the setting parameter of the dynamic resource pool to the transmission device. Figs. 18-19, [0299]-[0300]: setting parameter of the dynamic resource pool is a bitmap. A bit value of 1 in the bitmap may indicate a corresponding slot is set as a resource pool. Fig. 20, [0307]: the base station 20 shares the COT and sets the resource pool in the COT period. [0291]: the base station is disclosed to provide the COT sharing information, but a primary terminal device may also provide the COT sharing information on a sidelink, see also [0310]: the resource pool setter is the base station, but it may also be a terminal device providing the resource pool. [0272]: the COT sharing information provided from the another terminal device 40 through the sidelink communication can be transmitted through the physical sidelink feedback channel (PSFCH)... The PSFCH may be mapped on the last symbol and/or the penultimate symbol of a predetermined slot. For example, the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 6, Kusashima discloses all features of claim(s) 4 as outlined above. Kusashima discloses wherein receiving the message further comprises: receiving, via the message, one or more start and length indicator values for the one or more shared resources ([0298]: in a case where the setter of the dynamic resource pool is other than the transmission device, it is necessary to provide the setting parameter of the dynamic resource pool to the transmission device. Figs. 18-19, [0299]-[0300]: setting parameter of the dynamic resource pool is a bitmap. A bit value of 1 in the bitmap may indicate a corresponding slot is set as a resource pool. [0302]: the setting parameter of the dynamic resource pool is the start position (slot offset) and the length of the resource pool. Fig. 20, [0307]: the base station 20 shares the COT and sets the resource pool in the COT period. [0291]: the base station is disclosed to provide the COT sharing information, but a primary terminal device may also provide the COT sharing information on a sidelink, see also [0310]: the resource pool setter is the base station, but it may also be a terminal device providing the resource pool. [0272]: the COT sharing information provided from the another terminal device 40 through the sidelink communication can be transmitted through the physical sidelink feedback channel (PSFCH)... The PSFCH may be mapped on the last symbol and/or the penultimate symbol of a predetermined slot. For example, the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 7, Kusashima discloses all features of claim(s) 1 as outlined above. Kusashima discloses wherein the one or more shared resources are based at least in part on an offset and a duration related to a fixed frame period structure of the second UE ([0298]: in a case where the setter of the dynamic resource pool is other than the transmission device, it is necessary to provide the setting parameter of the dynamic resource pool to the transmission device. Figs. 18-19, [0299]-[0300]: setting parameter of the dynamic resource pool is a bitmap. A bit value of 1 in the bitmap may indicate a corresponding slot is set as a resource pool. [0302]: the setting parameter of the dynamic resource pool is the start position (slot offset) … As an offset indicating the start position of the resource pool, an offset from the slot in which the COT is acquired or an offset from the slot in which the COT sharing information is received is assumed). Regarding claim(s) 12, Kusashima discloses all features of claim(s) 1 as outlined above. Kusashima discloses wherein receiving the message further comprises: receiving the message via groupcast (Fig. 12, [0274]: transmitting the COT sharing information provided from the another terminal device 40 through the sidelink communication may be determined, defined, or changed according to the cast type (that is, unicast, groupcast, or broadcast)). Regarding claim(s) 13, Kusashima A method for wireless communication at a first user equipment (UE), comprising (Fig. 12: primary UE): identifying that the first UE and a second UE are operating in an unlicensed spectrum and in a frame based equipment mode or a load based equipment mode for sidelink communications ([0176]: A channel access procedure is performed to access an unlicensed channel on which transmission is performed in the base station 20 or the terminal device 40. The channel access can be rephrased as medium access or listen before talk (LBT). [0177]: In a channel access procedure of load-based equipment (LBE), sensing of a channel is performed once or a plurality of times. [0214]: In a channel access procedure of frame based equipment (FBE), sensing of a channel is performed once before transmission … the above-described “channel access” can be rephrased as listen before talk (LBT). [0220]: In an unlicensed band operation, a wireless communication device (hereinafter referred to as a communication device) performs LBT before signal transmission. When it is determined that the channel is clear as a result of the LBT, the channel can be occupied for a predetermined time. A predetermined time during which a channel can be occupied after the LBT is referred to as a channel occupancy time (COT). In the LBE, the COT is defined to fall within the maximum channel occupancy time (Maximum COT) defined in the table in FIG. 10A. In the FBE, the COT is defined to fall within 95% of the fixed frame period. The COT acquired by the communication device may be used for transmission of a reception-side communication device (hereinafter referred to as a reception device). Transmission of a signal by a communication device (responding device) different from the communication device (initiating device) that has acquired the COT using the COT is referred to as COT sharing. When the COT is shared, other communication devices also need to recognize the COT and the COT length); and transmitting, to the second UE, a first message indicating a first portion of one or more shared resources during a channel occupancy time, wherein the first portion of the one or more shared resources are available for the second UE to use for first sidelink transmissions (Fig. 12, [0231]: After acquiring the COT, the 3rd device sends, in … sidelink, information indicating COT sharing to UE1 and/or UE2. Upon receiving the COT sharing information, UE1 and/or UE2 perform sidelink communication in the shared COT. [0272]: the COT sharing information transmitted through the PSFCH … indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 14, Kusashima discloses all features of claim(s) 13 as outlined above. Kusashima discloses wherein transmitting the first message further comprises: transmitting, to a third UE, a second message indicating a second portion of the one or more shared resources during the channel occupancy time, wherein the second portion of the one or more shared resources are available for the third UE to use for second sidelink transmissions (Fig. 12, [0231]: After acquiring the COT, the 3rd device sends, in downlink or sidelink, information indicating COT sharing to UE1 and/or UE2. Upon receiving the COT sharing information, UE1 and/or UE2 perform sidelink communication in the shared COT). Regarding claim(s) 15, Kusashima discloses all features of claim(s) 13 as outlined above. Kusashima discloses wherein transmitting the first message further comprises: transmitting, via the first message, a single bit that indicates whether the second UE is allowed to transmit the first sidelink transmissions using the first portion of the one or more shared resources during a duration between when the second UE receives the first message and an end of the channel occupancy time ([0272]: the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted. Fig. 12, [0231]: Upon receiving the COT sharing information, UE1 and/or UE2 perform sidelink communication in the shared COT). Regarding claim(s) 16, Kusashima discloses all features of claim(s) 15 as outlined above. Kusashima discloses wherein transmitting the first message further comprises: transmitting the first message to the second UE via unicast (Fig. 12, [0274]: transmitting the COT sharing information provided from the another terminal device 40 through the sidelink communication may be determined, defined, or changed according to the cast type (that is, unicast, groupcast, or broadcast)). Regarding claim(s) 17, Kusashima discloses all features of claim(s) 13 as outlined above. Kusashima discloses wherein the one or more shared resources are based at least in part on a transmission time of the first message indicating the one or more shared resources (Fig. 17, [0288], [0290]: Tx UE receives COT sharing information in S406 and determines resource on the basis of the information of the COT specified in the COT sharing information in S407. [0291]: the base station is disclosed to provide the COT sharing information, but a primary terminal device may also provide the COT sharing information on a sidelink. Fig. 12, [0232]: In sharing, the primary UE starts the COT. [0272]: the COT sharing information provided from the another terminal device 40 through the sidelink communication can be transmitted through the physical sidelink feedback channel (PSFCH)... The PSFCH may be mapped on the last symbol and/or the penultimate symbol of a predetermined slot. For example, the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 18, Kusashima discloses all features of claim(s) 17 as outlined above. Kusashima discloses wherein transmitting the first message further comprises: transmitting, via the first message, a bitmap that indicates the one or more shared resources, wherein at least one bit of the bitmap indicates a shared resource of the one or more shared resources that is in relation to the transmission time of the first message indicating the one or more shared resources ([0298]: in a case where the setter of the dynamic resource pool is other than the transmission device, it is necessary to provide the setting parameter of the dynamic resource pool to the transmission device. Figs. 18-19, [0299]-[0300]: setting parameter of the dynamic resource pool is a bitmap. A bit value of 1 in the bitmap may indicate a corresponding slot is set as a resource pool. Fig. 20, [0307]: the base station 20 shares the COT and sets the resource pool in the COT period. [0291]: the base station is disclosed to provide the COT sharing information, but a primary terminal device may also provide the COT sharing information on a sidelink, see also [0310]: the resource pool setter is the base station, but it may also be a terminal device providing the resource pool. [0272]: the COT sharing information provided from the another terminal device 40 through the sidelink communication can be transmitted through the physical sidelink feedback channel (PSFCH)... The PSFCH may be mapped on the last symbol and/or the penultimate symbol of a predetermined slot. For example, the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 19, Kusashima discloses all features of claim(s) 17 as outlined above. Kusashima discloses wherein transmitting the first message further comprises: transmitting, via the first message, one or more start and length indicator values for the one or more shared resources ([0298]: in a case where the setter of the dynamic resource pool is other than the transmission device, it is necessary to provide the setting parameter of the dynamic resource pool to the transmission device. Figs. 18-19, [0299]-[0300]: setting parameter of the dynamic resource pool is a bitmap. A bit value of 1 in the bitmap may indicate a corresponding slot is set as a resource pool. [0302]: the setting parameter of the dynamic resource pool is the start position (slot offset) and the length of the resource pool. Fig. 20, [0307]: the base station 20 shares the COT and sets the resource pool in the COT period. [0291]: the base station is disclosed to provide the COT sharing information, but a primary terminal device may also provide the COT sharing information on a sidelink, see also [0310]: the resource pool setter is the base station, but it may also be a terminal device providing the resource pool. [0272]: the COT sharing information provided from the another terminal device 40 through the sidelink communication can be transmitted through the physical sidelink feedback channel (PSFCH)... The PSFCH may be mapped on the last symbol and/or the penultimate symbol of a predetermined slot. For example, the COT sharing information transmitted through the PSFCH is 1-bit information, and indicates whether or not the COT can be acquired for a predetermined resource. The predetermined resource can be determined in association with the resource on which the PSFCH is transmitted). Regarding claim(s) 20, Kusashima discloses all features of claim(s) 13 as outlined above. Kusashima discloses wherein the one or more shared resources are based at least in part on an offset and a duration related to a fixed frame period structure of the first UE ([0298]: in a case where the setter of the dynamic resource pool is other than the transmission device, it is necessary to provide the setting parameter of the dynamic resource pool to the transmission device. Figs. 18-19, [0299]-[0300]: setting parameter of the dynamic resource pool is a bitmap. A bit value of 1 in the bitmap may indicate a corresponding slot is set as a resource pool. [0302]: the setting parameter of the dynamic resource pool is the start position (slot offset) … As an offset indicating the start position of the resource pool, an offset from the slot in which the COT is acquired or an offset from the slot in which the COT sharing information is received is assumed). 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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusashima et al. (US 2024/0406983 A1) in view of Min et al. (US 2023/0007629 A1). Regarding claim(s) 8, Kusashima discloses all features of claim(s) 1 as outlined above. Kusashima does not disclose, but Min discloses further comprising: receiving, from a base station, a table indicating the one or more shared resources ([0178]: The signal transmitted by the base station 110 may include at least one of a broadcast message for system information, such as SIB (system information block) 21. [0181]: the system information may transmit resource pool sharing information in “SL-CommResourcePoolV2X-r14.” Table 5: “SL-CommResourcePoolV2X-r14.” [0197]: the terminal may identify the shared status of resources (usage status of shared resources) through “Shared_Pool-r15” (see Table 5 below). If “Shared_Pool-r15” is “True”, the terminal may identify that the shared resource pool is available. [0198]: “Shared_Pool-r15” may indicate whether or not a resource is shared). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the g-NB, as taught by Kusashima, to provide, to UEs, system information with resource pool sharing information, as taught by Min. Doing so allows the terminal to identify the status of resources (Min: [0197]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm. 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, Joseph Avellino, can be reached on (571) 272-3905. 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. /THE HY NGUYEN/Primary Examiner, Art Unit 2478 TheHy.Nguyen@USPTO.gov
Read full office action

Prosecution Timeline

Apr 11, 2024
Application Filed
May 01, 2026
Response after Non-Final Action
Jun 18, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Expected OA Rounds
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99%
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