Prosecution Insights
Last updated: July 17, 2026
Application No. 18/833,327

PERFORMING LISTEN-BEFORE-TALK OPERATIONS FOR PHYSICAL SIDELINK FEEDBACK CHANNEL TRANSMISSIONS

Non-Final OA §103
Filed
Jul 25, 2024
Priority
Jan 26, 2022 — provisional 63/303,343 +1 more
Examiner
IM, THEODORE
Art Unit
Tech Center
Assignee
Lenovo (United States) Inc.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
1y 1m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
7 granted / 11 resolved
+3.6% vs TC avg
Strong +18% interview lift
Without
With
+17.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
31 currently pending
Career history
55
Total Applications
across all art units

Statute-Specific Performance

§103
93.6%
+53.6% vs TC avg
§102
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 resolved cases

Office Action

§103
CTNF 18/833,327 CTNF 100133 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/25/2024 has been placed in the record and 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. 07-20-02-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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over PENG et al. (US 2024/0172277 A1; hereinafter "PENG"), in view of Hu et al. (US 2023/0148141 A1; hereinafter “Hu”) . Regarding claim 1, PENG teaches a method (FIG. 2) performed by a user equipment (UE) (FIG. 2 a first terminal) , the method comprising: receiving a configuration of a listen-before-talk (LBT) procedure associated with a physical sidelink feedback channel (PSFCH) transmission ([0171] discloses receiving SCI comprising a PSFCH channel access indication associated with a PSFCH transmission, [0182] further discloses that the PSFCH channel access indication specifies the channel access procedure to be applied for the PSFCH transmission, thereby teaching receiving a configuration of an LBT procedure associated with a PSFCH transmission) ; and performing the LBT procedure based at least in part on the received configuration of the LBT procedure associated with the PSFCH transmission ([0173] discloses receiving a PSFCH channel access indication associated with a PSFCH transmission, [0191] further discloses performing LBT before a PSFCH candidate resource according to the received PSFCH channel access indication, thereby teaching performing the LBT procedure based on the received configuration associated with the PSFCH transmission) , wherein the LBT procedure comprises a category (CAT) 4, (CAT) 2 LBT ([0040] discloses Category 2 LBT and Category 4 LBT procedures, [0171] further discloses that a PSFCH channel access indication may specify Cat 2 (16 us) LBT, Cat 2 (25 us) LBT, or Cat 4 LBT access, thereby teaching that the LBT procedure comprises Cat 2 LBT and Cat 4 LBT) . However, PENG does not teach wherein the LBT procedure is performed using one or more beginning symbols of a slot before one or more symbols associated with a physical sidelink shared channel (PSSCH) transmission, before one or more symbols associated with the PSFCH transmission, or using a short control signaling exemption rule, or a combination thereof. In an analogous art, Hu teaches wherein the LBT procedure is performed using one or more beginning symbols of a slot before one or more symbols associated with a physical sidelink shared channel (PSSCH) transmission, before one or more symbols associated with the PSFCH transmission, or using a short control signaling exemption rule, or a combination thereof ([0091] discloses performing LBT in a gap symbol before PSFCH transmission, [0111] discloses starting LBT at the beginning of a slot, [0103] and [0106] disclose transmitting HARQ feedback using a short control signaling exemption without LBT, and [0114] discloses combining the disclosed techniques, thereby covering performing the LBT procedure before PSSCH symbols, before PSFCH symbols, using a short control signaling exemption rule). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HARQ feedback as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 2, the combination of PENG and Hu, specifically PENG teaches wherein the configuration comprises a channel access priority class (CAPC) priority indicating to initiate a channel occupancy procedure, a PSFCH aggregation factor indicating a number of consecutive sidelink (SL) slots, or a combination thereof ([0224] discloses that a parameter of the channel access procedure includes a first channel access priority class (CAPC), [0226]-[0229] further disclose determining the first CAPC according to priority information associated with the first feedback information, thereby teaching that the configuration comprises a CAPC priority) . Regarding claim 3, the combination of PENG and Hu, specifically PENG teaches performing a CAT 2 LBT before the PSFCH transmission and within a remaining channel occupancy duration ([0112] discloses using a second category LBT access manner, and [0115]-[0118] further disclose that the second category LBT access manner corresponds to Cat 2 (16 us) LBT or Cat 2 (25 us) LBT, [0173] discloses that the RX UE performs LBT before a PSFCH candidate resource, [0086] further discloses that SCI may indicate a remaining channel occupancy time (COT), thereby teaching performing a Cat 2 LBT before a PSFCH transmission within a remaining channel occupancy duration) . Regarding claim 4, the combination of PENG and Hu, specifically Hu teaches determining to transmit a PSFCH using a short control signaling exemption after LBT failure and before a PSFCH resource ([0103] discloses that, after an LBT failure, HARQ ACK/NACK may be transmitted using a short control exemption without LBT, [0106] further discloses that transmitting the HARQ ACK/NACK at subsequent PSFCH occasion using the short control exemption, thereby teaching determining to transmit a PSFCH using a short control signaling exemption after LBT failure and before a PSFCH resoruce) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HARQ ACK/NACK as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 5, the combination of PENG and Hu, specifically Hu teaches wherein the PSFCH transmission within a channel occupancy duration is not counted for a short control signaling exemption window duration ([0081] discloses counting limits for short control signaling transmissions, [0104],[0106] disclose tracked short control exemption PSFCH opportunities, while FIG. 4 and [0111] disclose PSFCH HARQ feedback transmitted within a shared COT, Thus, PSFCH transmissions within the shared COT are not counted toward the short control signaling exemption window duration) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify PSFCH transmissions as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 6, the combination of PENG and Hu, specifically Hu teaches wherein the PSFCH transmission is transmitted within the remaining channel occupancy duration for different cast types and different groupcast HARQ feedback options ([0066] discloses HARQ feedback transmission for unicast and for groupcast option 1 and option 2, [0067]-[0068] further disclose that groupcast option 1 uses NACK-only feedback while groupcast option 2 uses ACK/NACK feedback, thereby teaching different cast types and different cast types and different groupcast HARQ feedback options) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ACK/NACK feedback as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 7, the combination of PENG and Hu, specifically Hu teaches wherein the PSFCH transmission is transmitted to destination IDs that initiate a channel occupancy time (COT) ([0108] discloses that a Tx UE shares a COT with an Rx UE for PSFCH transmission, [0110] further discloses that the Tx UE may explicitly indicate a set of UE IDs or group IDs that may use the shared COT for transmitting HARQ feedback, thereby teaching PSFCH transmission to destination IDs associated with a UE that initiated the COT) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HARQ feedback as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 8, PENG a user equipment (UE) (FIG. 7 a terminal 700) , comprising: at least one memory (FIG. 7 a memory 709) ; and at least one processor (FIG. 7 a processor 710) coupled with the at least one memory and configured to cause the UE ([0388]) to: receive a configuration of a listen-before-talk (LBT) procedure associated with a physical sidelink feedback channel (PSFCH) transmission ([0171] discloses receiving SCI comprising a PSFCH channel access indication associated with a PSFCH transmission, [0182] further discloses that the PSFCH channel access indication specifies the channel access procedure to be applied for the PSFCH transmission, thereby teaching receiving a configuration of an LBT procedure associated with a PSFCH transmission) ; and perform the LBT procedure based at least in part on the received configuration of the LBT procedure associated with the PSFCH transmission ([0173] discloses receiving a PSFCH channel access indication associated with a PSFCH transmission, [0191] further discloses performing LBT before a PSFCH candidate resource according to the received PSFCH channel access indication, thereby teaching performing the LBT procedure based on the received configuration associated with the PSFCH transmission) , wherein the LBT procedure comprises a category (CAT) 4, (CAT) 2 LBT ([0040] discloses Category 2 LBT and Category 4 LBT procedures, [0171] further discloses that a PSFCH channel access indication may specify Cat 2 (16 us) LBT, Cat 2 (25 us) LBT, or Cat 4 LBT access, thereby teaching that the LBT procedure comprises Cat 2 LBT and Cat 4 LBT) . However, PENG does not teach wherein the LBT procedure is performed using one or more beginning symbols of a slot before one or more symbols associated with a physical sidelink shared channel (PSSCH) transmission, before one or more symbols associated with the PSFCH transmission, or using a short control signaling exemption rule, or a combination thereof. In an analogous art, Hu teaches wherein the LBT procedure is performed using one or more beginning symbols of a slot before one or more symbols associated with a physical sidelink shared channel (PSSCH) transmission, before one or more symbols associated with the PSFCH transmission, or using a short control signaling exemption rule, or a combination thereof ([0091] discloses performing LBT in a gap symbol before PSFCH transmission, [0111] discloses starting LBT at the beginning of a slot, [0103] and [0106] disclose transmitting HARQ feedback using a short control signaling exemption without LBT, and [0114] discloses combining the disclosed techniques, thereby covering performing the LBT procedure before PSSCH symbols, before PSFCH symbols, using a short control signaling exemption rule). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HARQ feedback as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 9, it is interpreted and rejected for the same reason as set forth for claim 2. Regarding claim 10, it is interpreted and rejected for the same reason as set forth for claim 3. Regarding claim 11, it is interpreted and rejected for the same reason as set forth for claim 4. Regarding claim 12, it is interpreted and rejected for the same reason as set forth for claim 5. Regarding claim 13, it is interpreted and rejected for the same reason as set forth for claim 6. Regarding claim 14, it is interpreted and rejected for the same reason as set forth for claim 7. Regarding claim 15, the combination of PENG and Hu, specifically Hu teaches wherein the PSFCH transmission is transmitted to any destination ID as long as at least one PSFCH transmission to a TX UE that initiated a channel occupancy is made ([0110] discloses that the Tx UE may explicitly indicate that any Rx UE can use the shared COT for transmitting HARQ feedback, and further discloses that all Rx UEs may be preconfigured to use the shared COT from any Tx UE for transmitting HARQ feedbacks, thereby teaching PSFCH transmission to any destination ID as long as a PSFCH transmission is made to a Tx UE that initiated the channel occupancy) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HARQ feedback as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 16, PENG teaches a processor (FIG. 7 a processor 710) for wireless communication (FIG. 7 a terminal 700) , comprising: at least one controller (FIG. 7 the input unit 704; [0373] GPU) coupled with at least one memory (FIG. 7 a memory 709) and configured to cause the processor to: receive a configuration of a listen-before-talk (LBT) procedure associated with a physical sidelink feedback channel (PSFCH) transmission ([0171] discloses receiving SCI comprising a PSFCH channel access indication associated with a PSFCH transmission, [0182] further discloses that the PSFCH channel access indication specifies the channel access procedure to be applied for the PSFCH transmission, thereby teaching receiving a configuration of an LBT procedure associated with a PSFCH transmission) ; and perform the LBT procedure based at least in part on the received configuration of the LBT procedure associated with the PSFCH transmission ([0173] discloses receiving a PSFCH channel access indication associated with a PSFCH transmission, [0191] further discloses performing LBT before a PSFCH candidate resource according to the received PSFCH channel access indication, thereby teaching performing the LBT procedure based on the received configuration associated with the PSFCH transmission) , wherein the LBT procedure comprises a category (CAT) 4, (CAT) 2 LBT ([0040] discloses Category 2 LBT and Category 4 LBT procedures, [0171] further discloses that a PSFCH channel access indication may specify Cat 2 (16 us) LBT, Cat 2 (25 us) LBT, or Cat 4 LBT access, thereby teaching that the LBT procedure comprises Cat 2 LBT and Cat 4 LBT) . However, PENG does not teach wherein the LBT procedure is performed using one or more beginning symbols of a slot before one or more symbols associated with a physical sidelink shared channel (PSSCH) transmission, before one or more symbols associated with the PSFCH transmission, or using a short control signaling exemption rule, or a combination thereof. In an analogous art, Hu teaches wherein the LBT procedure is performed using one or more beginning symbols of a slot before one or more symbols associated with a physical sidelink shared channel (PSSCH) transmission, before one or more symbols associated with the PSFCH transmission, or using a short control signaling exemption rule, or a combination thereof ([0091] discloses performing LBT in a gap symbol before PSFCH transmission, [0111] discloses starting LBT at the beginning of a slot, [0103] and [0106] disclose transmitting HARQ feedback using a short control signaling exemption without LBT, and [0114] discloses combining the disclosed techniques, thereby covering performing the LBT procedure before PSSCH symbols, before PSFCH symbols, using a short control signaling exemption rule). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HARQ feedback as taught by Hu within the system of PENG. One would have been motivated to do so in order to improve the efficiency of NR SL transmissions over unlicensed spectrum for UE with reliable HARQ feedback (Hu [0085]). Regarding claim 17, it is interpreted and rejected for the same reason as set forth for claim 2. Regarding claim 18, it is interpreted and rejected for the same reason as set forth for claim 3. Regarding claim 19, it is interpreted and rejected for the same reason as set forth for claim 4. Regarding claim 20, it is interpreted and rejected for the same reason as set forth for claim 5. Conclusion 07-96 The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2021/0266951 A1 (GULATI et al.) discloses communication systems, and more particularly, to sidelink communications. US 2023/0064680 A1 (Huang et al.) discloses a method and apparatus for listen before talk for sidelink transmission in a wireless communication system. US 2025/0038807 A1 (Di Girolamo et al.) discloses methods are described herein to address issues at the MAC layer resulting from potential Listen-Before-Talk (LBT) failures and delayed transmission. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE IM whose telephone number is (571)270-1955. The examiner can normally be reached M-F 9AM-5PM ET. 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, UN C CHO can be reached on 571-272-7919. 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. /T.I./ Examiner, Art Unit 2413 /UN C CHO/ Supervisory Patent Examiner, Art Unit 2413 Application/Control Number: 18/833,327 Page 2 Art Unit: 2413 Application/Control Number: 18/833,327 Page 3 Art Unit: 2413 Application/Control Number: 18/833,327 Page 4 Art Unit: 2413 Application/Control Number: 18/833,327 Page 5 Art Unit: 2413 Application/Control Number: 18/833,327 Page 6 Art Unit: 2413 Application/Control Number: 18/833,327 Page 7 Art Unit: 2413 Application/Control Number: 18/833,327 Page 8 Art Unit: 2413 Application/Control Number: 18/833,327 Page 9 Art Unit: 2413 Application/Control Number: 18/833,327 Page 10 Art Unit: 2413 Application/Control Number: 18/833,327 Page 11 Art Unit: 2413 Application/Control Number: 18/833,327 Page 12 Art Unit: 2413 Application/Control Number: 18/833,327 Page 13 Art Unit: 2413 Application/Control Number: 18/833,327 Page 14 Art Unit: 2413 Application/Control Number: 18/833,327 Page 15 Art Unit: 2413
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Prosecution Timeline

Jul 25, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
82%
With Interview (+17.9%)
3y 1m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 11 resolved cases by this examiner. Grant probability derived from career allowance rate.

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