Prosecution Insights
Last updated: July 17, 2026
Application No. 18/776,124

METHOD AND APPARATUS FOR SIGNAL TRANSMISSION IN SIDELINK COMMUNICATION

Non-Final OA §102§103§112
Filed
Jul 17, 2024
Priority
Jul 17, 2023 — RE 10-2023-0092678 +3 more
Examiner
LOPATA, ROBERT J
Art Unit
Tech Center
Assignee
Electronics and Telecommunications Research Institute
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
873 granted / 975 resolved
+29.5% vs TC avg
Minimal +2% lift
Without
With
+1.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
15 currently pending
Career history
983
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
43.0%
+3.0% vs TC avg
§102
33.6%
-6.4% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 975 resolved cases

Office Action

§102 §103 §112
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 7/17/24 and 2/24/26. The submission is 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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 3 and 17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim states that configuring the CPE comprises "applying the CPE to a first symbol... and the CPE is located in one or two symbols before the first symbol." This phrasing creates ambiguity regarding where the cyclic prefix extension actually begins or resides. If a signal spans S_1 to S_n, stating that it applies to the "first symbol" but resides "before the first symbol" is contradictory and fails to inform a person of ordinary skill in the art of the bounds of the protected method. Further, the independent claim introduces "one or more CPE start positions." However, dependent claim 3 does not reference or specify which of those positions is being used when applying the CPE to the first symbol. This can lead to indefiniteness. 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)(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, 4 – 9, 12, 15, 18, 19, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chisci et al. (US Publication 2026/0046841) disclosed in priority app GB 20220100902. (written in english). Regarding claims 1 and 15, Chisci teaches a method of a terminal, comprising: receiving sidelink (SL) configuration information from a base station; (i.e. fig. 9 shows a UE may receive SL configuration from a network node (element 902); see paragraphs 114, 115) identifying cyclic prefix extension (CPE) information indicating one or more CPE start positions included in the SL configuration information; (i.e. fig. 9 shows the configuration may indicate one or more CPE starting positions; see paragraph 115) configuring a CPE based on the CPE information; and performing SL transmission including the CPE. (i.e. fig. 9 shows the UE may determine a CPE and perform SL communications based upon the configuration; see paragraphs 115, 118, 120, 124) Regarding claims 4 and 18, Chisci teaches the method of claim 1, wherein the SL configuration information includes at least one of CPE information indicating one or more CPE start positions for sidelink- synchronization signal block (S-SSB) transmission, CPE information indicating one or more CPE start positions for physical sidelink feedback channel (PSFCH) transmission, or CPE information indicating one or more CPE start positions for physical sidelink control channel (PSCCH)/physical sidelink shared channel (PSSCH) transmission. (i.e. Chisci discloses the configuration information may indicate starting positions for S-SSB, PSFCH, PSCCH or PSSCH transmissions; see paragraph 76) Regarding claims 5 and 19, Chisci teaches the method of claim 4, wherein the performing of the SL transmission including the CPE comprises: performing S-SSB transmission including the CPE determined based on one CPE start position among the one or more CPE start positions for S-SSB transmission. (i.e. Chisci discloses the UE may determine a CPE start and perform SL communications based upon the configuration; see paragraphs 115, 118, 120, 124) (See Also; Chisci discloses a type of SL communications supported is (S-SSB) sidelink synch signal block transmissions; see paragraph 76) Regarding claims 6, Chisci teaches the method of claim 4, wherein the performing of the SL transmission including the CPE comprises: performing PSFCH transmission including the CPE determined based on one CPE start position among the one or more CPE start positions for PSFCH transmission. (i.e. Chisci discloses the UE may determine a CPE start and perform SL communications based upon the configuration; see paragraphs 115, 118, 120, 124) (See Also; Chisci discloses a type of SL communications supported is PSFCH transmissions; see paragraph 76) Regarding claims 7 and 20, Chisci teaches the method of claim 4, wherein the CPE information indicating one or more CPE start positions for PSCCH/PSSCH transmission includes at least one of CPE information indicating one or more CPE start positions for PSCCH/PSSCH transmission for channel occupancy time (COT) initiation, or CPE information indicating one or more CPE start positions for PSCCH/PSSCH transmission within a COT. (i.e. Chisci discloses the UE may determine a CPE start and perform SL communications based upon the configuration; see paragraphs 115, 118, 120, 124) (See Also; Chisci discloses a type of SL communications supported is PSCCH/PSCCH transmissions; see paragraph 76) Regarding claims 8, Chisci teaches the method of claim 4, wherein the CPE information indicating one or more CPE start positions for PSCCH/PSSCH transmission includes at least one of CPE information indicating one or more CPE start positions for PSCCH/PSSCH transmission for channel occupancy time (COT) initiation, or CPE information indicating one or more CPE start positions for PSCCH/PSSCH transmission within a COT. (i.e. Chisci discloses multiple CPE starting positions for a COT initiation in PSSCH transmissions; see paragraph 82) Regarding claims 9, Chisci teaches the method of claim 8, wherein the list includes the one or more CPE start positions for PSCCH/PSSCH transmission for COT initiation and a priority associated with the one or more CPE start positions for PSCCH/PSSCH transmission for COT initiation. (i.e. Chisci discloses multiple CPE starting positions for a COT initiation in PSSCH transmissions may be selected according to priority; see paragraph 82) Regarding claims 12, Chisci teaches the method of claim 7, wherein the CPE information indicating one or more CPE start positions for PSCCH/PSSCH transmission within a COT includes at least one of a list of one or more CPE start positions for PSCCH/PSSCH transmission within a COT or information on a default CPE start position for PSCCH/PSSCH transmission within a COT. (i.e. Chisci discloses multiple CPE starting positions for a COT initiation in PSSCH transmissions wherein a list is sent to the terminal as part of the configuration; see paragraph 82, 115, 117, 120) 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. 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. Claims 2, 16 are rejected under 35 U.S.C. 103 as being obvious over Chisci et al. (US Publication 2026/0046841) in view of Niu et al. (US Publication 2024/0381395) disclosed 63/501,797. Regarding claims 2 and 16, Chisci discloses all the recited limitations of claims 1 and 15 as described previously from which claims 2 and 16 depend. Chisci does not teach wherein the configuring of the CPE based on the CPE information comprises: in response to the CPE information indicating a plurality of CPE start positions, randomly selecting one CPE start position from among the plurality of CPE start positions; and configuring the CPE based on the one CPE start position. However, Niu teaches wherein the configuring of the CPE based on the CPE information comprises: in response to the CPE information indicating a plurality of CPE start positions, randomly selecting one CPE start position from among the plurality of CPE start positions; and configuring the CPE based on the one CPE start position. (i.e. Niu discloses a sidelink configuration , wherein CPE information may indicate a plurality of start positions wherein one may be randomly selected for sidelink communications; see paragraph 102) It would have been obvious to a person with ordinary skill in the art before the time the invention was filed to randomly select a CPE start position of Niu into Chisi. Both Chisci and Niu teach configuration of sidelink unlicensed band (SL-U) cyclic prefix extension (CPE) starting position as well as identifier (ID) restrictions for channel time occupancy (COT) sharing. in communications and networking (such as 3GPP LTE/NR Sidelink), when multiple terminals access the same shared channel, random selection is a standard mechanism to prevent systematic collisions (e.g., UEs consistently picking the same subframe or position). A person with ordinary skill in the art would have been motivated to make the modification to Chisci to ensure distributed access and improve reliability, which is a well-known, established practice in the art. Allowable Subject Matter Claim 10 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 11 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 13 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 14 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J LOPATA whose telephone number is (571)270-5158. The examiner can normally be reached Mon-Fri 10-7 EST. 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. ROBERT J. LOPATA Primary Examiner Art Unit 2471 /ROBERT J LOPATA/ June 30, 2026Primary Examiner, Art Unit 2471
Read full office action

Prosecution Timeline

Jul 17, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
91%
With Interview (+1.6%)
2y 3m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 975 resolved cases by this examiner. Grant probability derived from career allowance rate.

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