Prosecution Insights
Last updated: October 02, 2026
Application No. 18/705,310

METHOD, DEVICE AND COMPUTER READABLE MEDIUM FOR COMMUNICATIONS

Final Rejection §103
Filed
Apr 26, 2024
Priority
Oct 29, 2021 — nonprovisional of PCTCN2021127693
Examiner
WANG, YAOTANG
Art Unit
2409
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
386 granted / 485 resolved
+21.6% vs TC avg
Strong +16% interview lift
Without
With
+15.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
22 currently pending
Career history
506
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
71.1%
+31.1% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 485 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The instant Office Action is in response to communication filed on 6/30/2026. Claims 42-44 and 46-48 are pending. Claims 42 and 46 are the base independent claims. Claims 42-44 and 46-48 are amended. Response to Arguments/Amendment Regarding claim 1, Applicant files arguments in the remark. --In response, the arguments have been fully considered but they are not persuasive. Examiner clarifies that Huang’s COT sharing information may comprise LBT type/CP extension information, see fig. 6, in which the COT sharing information reads on the set of indices associated per priority. At least in part, based on the COT sharing information in table 600, the T_ext is determined by the corresponding index (i.e. entry or code-point). In par 793-795, Huang further discloses that the first UE determines (e.g., derives and/or sets) and/or indicates a second code-point and/or a second combination of LBT type and/or CP extension for the LBT type/CP extension information, hence the duration for CPE is determined and the index is selected in combination within the first UE. Upon further consideration, however new grounds of rejection are made by the combination of Huang and 3GPP based on the amended claim limitations. Huang still applies to a portion of the independent claims because the amendment does not change the scope of this portion. Rejection mapping is revised below based on the new reference. Claim Rejections - 35 USC § 103 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. 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 42-44 and 46-48 are rejected under 35 U.S.C. 103 as obvious over Huang et al (US 2023/0064680) in view of 3GPP TSG RAN WG1 Meeting #99, R1-1913517, 18th – 22nd November, 2019 (hereinafter 3GPP). Regarding claim 42, Huang discloses a method performed by a terminal device, comprising: receiving a configuration including a set of indices associated per priority (fig. 5, fig. 6 & par 599, par 603-604, par 687; cyclic prefix (CP) extension information for COT sharing for sidelink includes entry / T_ext index; also CP extension information (e.g., information associated with a CP extension, such as information indicative of a CP extension) may be indicated by fields D-F, Channel Access Priority Class (CAPC) may be indicated by fields G-I; wherein the fields D-F reads on CPE duration and fields G-I reads on priority), the indices corresponding to variables for Cyclic Prefix Extension (CPE) to be used for a sidelink transmission (par 288-291, table 5.3.1-1, table 5.3.1-2; e.g. the variable cyclic prefix extension); determining a duration of the CPE based on the variables for the CPE (par 604; also par 290; i.e. T_ext is determined based on the variables) for by selecting an index from the set of indices associated per priority (par 603, par 687, par 793-795; e.g. the first UE determines (e.g., derives and/or sets) and/or indicates a second code-point and/or a second combination of LBT type and/or CP extension for the LBT type/CP extension information; hence the duration for CPE is determined and the index is selected in combination within the first UE); and applying the CPE to a start symbol of the sidelink communication (par 767-769; e.g. UE performing CP extension for a sidelink transmission (and/or the UE applying CP extension for the sidelink transmission) means that one or more symbols of the sidelink transmission, comprising a first symbol (e.g., initial symbol) of the sidelink transmission, are with CP extension). The reference does not explicitly disclose the configuration including the set of indices are received from a network device (emphasis added). However, it is obvious in view of 3GPP, because 3GPP discloses signaling support for LBT type/priority indication and the combinations of LBT type, length of the CP extension, and CAPC that can be dynamically signaled are RRC configured for the UE with UE-specific RRC signaling (see examples in Pages 3-6, section 3 or Pages 27-28), thus the configuration may be received from a gNB via RRC signaling. In view of the above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of communication protocol configured for the electronic system of 3GPP with the electronic system of Huang. One is motivated as such because when operating within a shared gNB-acquired COT, the UE does not know what LBT type, CAPC and gap duration it should assume unless it is told by the gNB (3GPP, page 3, section 3). Regarding claim 43, Huang discloses: wherein the terminal device is a first terminal device to initiate a channel occupancy or a second terminal device transmitting within a channel occupancy (par 609; e.g. the COT initiated by the first UE comprises the transmitting time of the first sidelink transmission). Regarding claim 44, Huang discloses: determining the duration of the CPE based on a gap between a first sidelink transmission and a second sidelink transmission following the first sidelink transmission in a channel occupancy (par 479, par 608; e.g. whether or not there is a gap (e.g., a pause) before the second sidelink transmission). Regarding claims 46-48, Huang also discloses a terminal device for performing the method of claims 42-44 as the mapping above. Huang further discloses a processor of the terminal (par 880; e.g. processor). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: ETSI TS 138 211 V16.6.0 (2021-08, 5G; NR; Physical channels and modulation (3GPP TS 38.211 version 16.6.0 Release 16)). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAOTANG WANG whose telephone number is (571)272-4023. The examiner can normally be reached 10:00-18:00 ET (M, W, TH & alternate F). 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, HADI ARMOUCHE can be reached at 571-270-3618. 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. /YAOTANG WANG/SCE/Primary Examiner, Art Unit 2409
Read full office action

Prosecution Timeline

Apr 26, 2024
Application Filed
Mar 30, 2026
Non-Final Rejection mailed — §103
Jun 30, 2026
Response Filed
Aug 21, 2026
Final Rejection mailed — §103 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
95%
With Interview (+15.6%)
2y 8m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 485 resolved cases by this examiner. Grant probability derived from career allowance rate.

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