Prosecution Insights
Last updated: August 17, 2026
Application No. 18/729,029

METHOD AND APPARATUS FOR PERFORMING SIDELINK COMMUNICATION IN UNLICENSED BAND

Non-Final OA §102§103
Filed
Jul 15, 2024
Priority
Mar 31, 2022 — RE 10-2022-0040162 +6 more
Examiner
WONG, WARNER
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
959 granted / 1073 resolved
+29.4% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
1100
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
58.3%
+18.3% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1073 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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(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. Claims 1, 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2020/0260310). Regarding claim 1, Kim describes a method for performing wireless communication by a first device (fig. 2, first device 100), comprising: receiving, from a second device, information related to a time duration in which channel access based on channel sensing for a certain time duration is performed (fig. 12 step 1 & para. 201-207, UE receives measurement configuration for measuring (sensing) during report interval (time duration) whenever there is a medium contention/channel congestion, for Listen-Before-Talk (channel access based on channel sensing for a certain time duration), para. 187); performing sensing for a channel within the time duration (fig. 12 step 2 & para. 209-212, UE performs measurement (sensing) of when RSSI is reached (= channel busy) during the reporting period (time duration)); and transmitting, to the second device, termination information for the time duration based on that the channel is busy (fig. 12 step 3 & para. 6 + 196-197, # (information) of busy periods (channel being busy) and # of idle periods that make up the entire reporting (time) duration until the period ends (termination)). Regarding claim 4, Kim describes: wherein the time duration is a fixed frame period (FFP) (para. 203, the [unchanging] report interval (fixed period) is frame-based, para. 109) Regarding claim 5, Kim describes: wherein the termination information for the time duration is transmitted through a medium access control (MAC) control element (CE) (fig. 12 step 3 & para. 6 + 196-197, transmission of # (control information) of busy periods (channel being busy) and # of idle periods that make up the entire reporting (time) duration until the period ends (termination) uses MAC transport block for such control stream (CE)), see para. 116-117, 154 & 156). Regarding claim 6, Kim describes: wherein the termination information for the time duration is transmitted through a medium access control (MAC) control element (CE) (fig. 12 step 3 & para. 6 + 196-197, transmission of # (control information) of busy periods (channel being busy) and # of idle periods that make up the entire reporting (time) duration until the period ends (termination) uses MAC transport block for such control stream (CE)), see para. 116-117, 154 & 156). Regarding claim 7, Kim describes: wherein the time duration includes a first time before the first device transmits the termination information for the time duration and a second time after the first device transmits the termination information for the time duration (para. 203, report interval (time duration) is the entire time interval between 2 periodical reports which comprises different periods of idle channel & busy channel (termination information) which includes the backoff (second) time). Regarding claim 8, Kim describes: within the first time, the channel access based on the channel sensing for the certain time duration is performed (para. 187, Listen-Before-Talk (LBT) (= channel access based on channel sensing for a certain time duration) to occur/perform in the reporting period, i.e. including first time). 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. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Uesaka (US 2022/0386375). Regarding claim 2, Kim describes Listen-Before-Talk (LBT) operation [for the certain time duration], but fails to further explicitly describe the certain time duration is 25 microseconds, 16 microseconds, or zero. Uesaka also describes performing LBT between wireless devices (fig. 10-16), further describing: the certain time duration is 25 microseconds or 16 microseconds (para. 6, LBT operates [in certain time duration of] 16 or 25 μs (microseconds)). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that the LBT of Kim to operate in certain time duration of 16 or 25 μs as in Uesaka. The motivation for combining the teachings is that this flexibly enables LBT to operated in different categories in 3GPP New Radio standard (Uesaka, para. 6). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Chisci (US 2024/0155674). Regarding claim 3, Kim describes channel occupancy for purpose of LBT (abstract & para. 187), but fail to explicitly describe: the time duration is a channel occupancy time (COT). Chisci also describes LBT in wireless communications (title), further describing: the time duration is a channel occupancy time (COT) (fig. 4A & 4B and para. 16-17, LBT in channel access procedure comprises the COT). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to specify that the time duration in Kim being a COT as in Chisci. The motivation for combining the teachings is that this improves channel access for the receiver where it does not communicate with potential interfering devices (Chirsci para. 8). Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Guo (US 2024/0244658). Regarding claim 9, Kim describes if channel is sensed busy from Listen-Before-Talk (LBT) (first time), backoff (second time will occur), para. 181 in view of 187), but fails to further explicitly describe: channel access based on random back-off. Guo also describes wireless device using LBT (para. 4), further describing: channel access based on random back-off (para. 4 or abstract, wireless device deploying LBT comprises a random backoff process). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to specify that the channel access in Kim to be based on a random backoff as in Guo. The motivation for combining the teachings is that this enables transmitting nod to sense channel again after the backoff period (Guo, para. 4). Regarding claim 10, Kim and Guo combined describe: wherein the second device is allowed to share information on the second time with a third device (Guo fig. 1 & para. 4, UE’s LBT backoff procedure (second time) avoids collision with existing communication between its base station (second device) and yet another UE 115 in the same unlicensed spectrum). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Gerami (US 2025/0185029). Regarding claim 11, Kim fails to further explicitly describe: wherein the termination information for the time duration includes start time information and end time information of the time duration. Gerami also describes communication using shared channel occupancy in unlicensed spectrum (title), further describing: wherein the termination information for the time duration includes start time information and end time information of the time duration (para. 18, UE transmits to the RAN node a request of start time & end time (termination information) of its duration of the first Channel Occupancy Time (COT) (time duration)). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that the termination information of Kim to comprise start & end time information of the time duration as in Gerami. The motivation for combining the teachings is that inclusion of such specific information transmitted improves D2D communication between UEs operating in unlicensed spectrum (Gerami para. 1). Regarding claim 12, Kim fails to further describe: wherein, based on the information related to the time duration being shared for unicast, the information related to the time duration or the termination information for the time duration is configured per pair of destination ID and source ID. Gerami also describes communication using shared channel occupancy in unlicensed spectrum (title), further describing: wherein, based on the information related to the time duration being shared for unicast, the information related to the time duration or the termination information for the time duration is configured per pair of destination ID and source ID (para. 8, transmission may be in broadcast, multicast & unicast. If sending to intended receiver UE (unicast), 8-bit source ID & 16-bit-destination ID is used, para. 175). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that, for the transmission in Kim, based on the information related to the time duration being shared for unicast, the information related to the time duration or the termination information for the time duration is configured per pair of destination ID and source ID as in Gerami. The motivation for combining the teachings is that inclusion of such specific information transmitted improves D2D communication between UEs operating in unlicensed spectrum (Gerami para. 1). Regarding claim 13, Kim fails to further describe: wherein, based on the information related to the time duration being shared for groupcast or broadcast, the information related to the time duration or the termination information for the time duration is configured per destination ID. Gerami also describes communication using shared channel occupancy in unlicensed spectrum (title), further describing: wherein, based on the information related to the time duration being shared for groupcast or broadcast, the information related to the time duration or the termination information for the time duration is configured per destination ID (para. 8, transmission may be in broadcast, multicast & unicast. If sending in groupcast, group (destination ID) is used (para. 203). It would have been obvious to one with ordinary skill in the art before the effective date of the claimed invention to specify that, for the transmission in Kim, based on the information related to the time duration being shared for groupcast or broadcast, the information related to the time duration or the termination information for the time duration is configured per destination ID (para. 8, transmission may be in broadcast, multicast & unicast. If sending in groupcast, group (destination ID) is used as in Gerami. The motivation for combining the teachings is that inclusion of such specific information transmitted improves D2D communication between UEs operating in unlicensed spectrum (Gerami para. 1). Claim 14 is an apparatus (first device) claim comprising transceiver(s), processor(s), and 1+ memory combined to executed the method for first device claim 1. Since Kim also describes first device having transceiver(s) 106, processor(s)102 and memory(s) 104, it is rejected under the same rationale. Claims 15 and 21-25 are alternatively written apparatus (processing device) claims comprising transceiver(s), processor(s), and 1+ memory combined to executed the method for first device claim 1-6 respectively. Since Kim also describes first device having transceiver(s) 106, processor(s)102 and memory(s) 104, they are rejected under the same rationale. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhou (US 2024/0049253) describing transmission from first UE to second UE a signaling indication information of a resource for feedback signaling the feedback signaling is transmitted on an unlicensed band; a position of an physical sidelink shared channel (PSSCH) corresponding to the feedback signaling is later than a specific time and/or a gap from the position of the PSSCH to the end of a channel occupancy time (COT) does not exceed a specific length (fig. 6 & para. 12), Jung (US 2026/0107288) describing adjustment of CW (content window) of the transmitting terminal based on receipt of HARQ-ACK feedback from the receiving terminal (fig. 9), Shrivastava (WO 2024/210593A2) describing UE receiving RRCReconfiguration from network apparatus & perform channel RSSI measurement + reporting as configured in the reporting configuration (abstract), Shibaike (US 2024/0031843) describing UE receiving measurement-related configurations for performing measurement & reporting which comprises measurement time (fig. 5 & para. 99), Fakoorian (US 2023/0362987) describing UE receiving measurement configuration & perform measurement & determine channel occupancy rate & transmit report to base station to indicate the channel occupancy rate (fig. 3), Chisei (US 2022/0322124) describing UE receiving an indication from the access network entity to provide an interference measurement report based on signals transmitted by an access network entity(140). The signals transmitted by the access network entity are received. The interference measurement report is transmitted based on interference levels of the received signals to the access network entity, where the interference levels indicate channel occupation of an associated channel bandwidth of the signals (abstract), and Lee (US 2019/0037430) describing UE measuring & reporting occupancy of sidelink resources to eNB (fig. 6). Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARNER WONG whose telephone number is (571)272-8197. The examiner can normally be reached M-F 7am - 3:30pm. 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, Ian Moore can be reached at 571-272-3085. 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. WARNER WONG Primary Examiner Art Unit 2469 /WARNER WONG/Primary Examiner, Art Unit 2469
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Prosecution Timeline

Jul 15, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
89%
Grant Probability
96%
With Interview (+6.4%)
2y 8m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1073 resolved cases by this examiner. Grant probability derived from career allowance rate.

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