Prosecution Insights
Last updated: July 17, 2026
Application No. 18/836,695

METHODS AND APPARATUSES FOR SIDELINK TRANSMISSION ON UNLICENSED SPECTRUM

Non-Final OA §102§103
Filed
Aug 07, 2024
Priority
Feb 08, 2022 — nonprovisional of PCTCN2022075515
Examiner
SHARMA, GAUTAM
Art Unit
Tech Center
Assignee
Lenovo (United States) Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
570 granted / 650 resolved
+27.7% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
670
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
86.2%
+46.2% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 650 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 . Claims 1-20 are pending. 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, 2 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xue et al, application no. 2021/0195637, hereinafter known Xue (IDS art). As to claim 1, Xue discloses a first user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory (Xue, Figure 5, UE with memory and processor as known in the art) and configured to cause the first UE to: determine a listen before talk (LBT) type of a first LBT operation for a sidelink (SL) transmission on an unlicensed spectrum (Xue, [0040], [0041], UE (UE (facilitator or first UE) performs and determines LBT type such as cat4 for the LBT communication); perform the first LBT operation (Xue, [0041]-[0042], UE performs LBT operation); and transmit first information associated with the first LBT operation in sidelink control information (SCI) when the first LBT operation is successful (Xue, [0037], UE uses of SCI for control information;. Sending COT signal using SCI when LBT operation is performed by UE to other UEs in sidelink operations). As to claim 2, Xue discloses wherein the first information associated with the first LBT operation indicates at least one of: the LBT type of the first LBT operation; or a remaining channel occupancy time (COT) associated with the first LBT operation (Xue, [0037], UE use of SCI for control information; [0087], UE indicating start and end time for COT; [0091], COT indicates LBT mode that further indicates information such as CAT1 or CAT2). As to claim 15, Xue discloses method performed by a user equipment (UE) (Xue, Figure 5, UE with memory and processor as known in the art), comprising: determining a listen before talk (LBT) type of an LBT operation for a sidelink (SL) transmission on an unlicensed spectrum; performing the LBT operation (Xue, [0040], [0041], UE (UE (facilitator or first UE) performs and determines LBT type such as cat4 for the LBT communication);; and transmitting information associated with the LBT operation in sidelink control information (SCI) when the LBT operation is successful (Xue, [0037], UE uses of SCI for control information;. Sending COT signal using SCI when LBT operation is performed by UE to other UEs in sidelink operations). As to claim 16, Xue discloses processor for wireless communication, comprising: at least one controller coupled with at least one memory (Xue, Figure 5, UE with memory and processor as known in the art) and configured to cause the processor to: determine a listen before talk (LBT) type of a first LBT operation for a sidelink (SL) transmission on an unlicensed spectrum (Xue, [0040], [0041], UE (UE (facilitator or first UE) performs and determines LBT type such as cat4 for the LBT communication); perform the first LBT operation; and transmit first information associated with the first LBT operation in sidelink control information (SCI) when the first LBT operation is successful (Xue, [0037], UE uses of SCI for control information;. Sending COT signal using SCI when LBT operation is performed by UE to other UEs in sidelink operations) As to claim 17, Xue discloses wherein the first information associated with the first LBT operation indicates at least one of: the LBT type of the first LBT operation; or a remaining channel occupancy time (COT) associated with the first LBT operation (Xue, [0037], UE use of SCI for control information; [0087], UE indicating start and end time for COT; [0091], COT indicates LBT mode that further indicates information such as CAT1 or CAT2). 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 3-7, 10, 11, 14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xue in view of Wang, Junwei, application no. 2022/0264646, hereinafter known as Wang (IDS art). As to claim 3, Xue discloses the first UE of claim 1. Xue does not expressly however Wang discloses wherein the at least one processor is configured to cause the first UE to receive downlink control information (DCI) scheduling the SL transmission (Wang, [0082]-[0083], sidelink communication metrics such as SL scheduling provided by base station via DCI) and determine the LBT type of the first LBT operation based at least in part on the DCI (Wang, [0086]-[0094], part of DCI sent by base station for sidelink communication is channel listening parameters that further indicates LBT type). 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 teachings of Xue to include the limitations of wherein the at least one processor is configured to cause the first UE to receive downlink control information (DCI) scheduling the SL transmission and determine the LBT type of the first LBT operation based at least in part on the DCI as taught by Wang. Communication parameters and resources are routinely provided to the UE by the network via plural control messages such as DCI that enables UE to communicate in the network accordingly. As to claim 4, Xue and Wang disclose The first UE of claim 3. Xue does not disclose however Wang discloses wherein the DCI includes a first indication indicating an LBT type for the first UE (Wang, [0086]-[0094], part of DCI sent by base station for sidelink communication is channel listening parameters that further indicates LBT type). 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 teachings of Xue to include the limitations of wherein the DCI includes a first indication indicating an LBT type for the first UE as taught by Wang. Communication parameters and resources are routinely provided to the UE by the network via plural control messages such as DCI that enables UE to communicate in the network accordingly. As to claim 5, Xue and Wang disclose The first UE of claim 4. Xue does not disclose however Wang discloses wherein the DCI further includes a second indication indicating the first UE to determine the LBT type of the first LBT operation based on the first indication or based on a determination by the first UE (Wang, [0086]-[0094], part of DCI sent by base station for sidelink communication is channel listening parameters (first indication in the DCI) that further indicates LBT type). 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 teachings of Xue to include the limitations of wherein the DCI further includes a second indication indicating the first UE to determine the LBT type of the first LBT operation based on the first indication or based on a determination by the first UE as taught by Wang. Communication parameters and resources are routinely provided to the UE by the network via plural control messages such as DCI that enables UE to communicate in the network accordingly. As to claim 6, Xue and Wang disclose The first UE of claim 3. Xue does not disclose however Wang discloses wherein the DCI includes an indication indicating the first UE to report a result of the first LBT operation regarding whether the first LBT operation is successful or not (Wang, [0012, UE reports success of LBT operation to base station after getting DCI for LBT resources). 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 teachings of Xue to include the limitations of wherein the DCI includes an indication indicating the first UE to report a result of the first LBT operation regarding whether the first LBT operation is successful or not as taught by Wang. Success and failure information sent by UE allows the base station to make adjustments to the sidelink resources. As to claim 7, Xue and Wang disclose The first UE of claim 3. Xue does not disclose however Wang discloses wherein the DCI includes an indication indicating a physical uplink control channel (PUCCH) resource for the first UE to report a result of the first LBT operation regarding whether the first LBT operation is successful or not (Wang, [0125]-[01287, tables 4-9, PUCCH resources indicated to UE via DCI for UE to report feedback including success and failure of LBT operation), and wherein the at least one processor is further configured to cause the first UE to transmit the result of the first LBT operation based on the indication (Wang, [0127], UE sending back the feedback accordingly). 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 teachings of Xue to include the limitations of wherein the DCI includes an indication indicating a physical uplink control channel (PUCCH) resource for the first UE to report a result of the first LBT operation regarding whether the first LBT operation is successful or not, and wherein the at least one processor is further configured to cause the first UE to transmit the result of the first LBT operation based on the indication as taught by Wang. Success and failure information sent by UE allows the base station to make adjustments to the sidelink resources. Further PUCCH is known resource in the art to be used by UE to communicate with the network. As to claim 10, Xue and Wang disclose The first UE of claim 3. Xue does not disclose however Wang discloses wherein the at least one processor is further configured to cause the first UE to transmit an indication in a PUCCH resource for state reporting associated with the SL transmission (Wang, [0125]-[01287, tables 4-9, PUCCH resources indicated to UE via DCI for UE to report feedback including success and failure of LBT operation; [0138], PSFCH for HARQ state reporting), and wherein the indication indicates one or more of a result of the first LBT operation regarding whether the first LBT operation is successful or not or a feedback for the SL transmission (Wang, [0127], UE sending back the feedback accordingly; [0137]-[0140], use of PSFCH HARQ for reporting feedback by UE to network). 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 teachings of Xue to include the limitations of wherein the at least one processor is further configured to cause the first UE to transmit an indication in a PUCCH resource for state reporting associated with the SL transmission, and wherein the indication indicates one or more of a result of the first LBT operation regarding whether the first LBT operation is successful or not or a feedback for the SL transmission as taught by Wang. Success and failure information sent by UE allows the base station to make adjustments to the sidelink resources. Further PUCCH, PSFCH, HARQ are known resources in the art to be used by UE to communicate with the network. As to claim 11, Xue discloses wherein the at least one processor is configured to cause the first UE to: receive, from a second UE, second information associated with a second LBT operation performed by the second UE (Xue, [0042], [0091], second UE, (first UE or non-facilitator UE), sends back to first UE a second LBT operation message), wherein the second information associated with the second LBT operation indicates at least one of: an LBT type of the second LBT operation; or a remaining channel occupancy time (COT) associated with the second LBT operation; and determine the LBT type of the first LBT operation based at least in part on the second information (Xue, [0042], [0091], message provides LBT category type of second message). As to claim 14, Xue discloses a base station for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured (Xue, figure 6, base station with memory and processor ) to cause the base station to: transmit, to a user equipment (UE), (Xue, [0059], control information sent by base to UE via DCI; DCI information used base station indicate resources for use by UE). Xue does not expressly however Wang discloses first downlink control information (DCI) scheduling a first sidelink (SL) transmission on an unlicensed spectrum (Wang, [0082]-[0083], sidelink communication metrics such as SL scheduling provided by base station via DCI) wherein the first DCI includes a first indication indicating a listen before talk (LBT) type of a first LBT operation for the first SL transmission (Wang, [0086]-[0094], part of DCI sent by base station for sidelink communication is channel listening parameters that further indicates LBT type). 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 teachings of Xue to include the limitations of first downlink control information (DCI) scheduling a first sidelink (SL) transmission on an unlicensed spectrum wherein the first DCI includes a first indication indicating a listen before talk (LBT) type of a first LBT operation for the first SL transmission as taught by Wang. Communication parameters and resources are routinely provided to the UE by the network via plural control messages such as DCI that enables UE to communicate in the network accordingly. As to claim 18, Xue discloses the processor of claim 16. Xue does not expressly however Wang discloses wherein the at least one controller is configured to cause the processor to receive downlink control information (DCI) scheduling the SL transmission, and determine the LBT type of the first LBT operation based at least in part on the DCI (Wang, [0086]-[0094], part of DCI sent by base station for sidelink communication is channel listening parameters that further indicates LBT type). 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 teachings of Xue to include the limitations of wherein the at least one processor is configured to cause the first UE to receive downlink control information (DCI) scheduling the SL transmission and determine the LBT type of the first LBT operation based at least in part on the DCI as taught by Wang. Communication parameters and resources are routinely provided to the UE by the network via plural control messages such as DCI that enables UE to communicate in the network accordingly. As to claim 19, Xue and Wang disclose the processor of claim 18. Xue does not expressly however Wang discloses wherein the DCI includes a first indication indicating an LBT type for the processor (Wang, [0086]-[0094], part of DCI sent by base station for sidelink communication is channel listening parameters that further indicates LBT type). 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 teachings of Xue to include the limitations of wherein the DCI includes a first indication indicating an LBT type for the first UE as taught by Wang. Communication parameters and resources are routinely provided to the UE by the network via plural control messages such as DCI that enables UE to communicate in the network accordingly. As to claim 20, Xue and Wang discloses the processor of claim 19. Xue does not expressly however Wang discloses wherein the DCI further includes a second indication indicating the processor to determine the LBT type of the first LBT operation based on the first indication or based on a determination by the processor (Wang, [0086]-[0094], part of DCI sent by base station for sidelink communication is channel listening parameters (first indication in the DCI) that further indicate LBT type). 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 teachings of Xue to include the limitations of wherein the DCI further includes a second indication indicating the processor to determine the LBT type of the first LBT operation based on the first indication or based on a determination by the processor as taught by Wang. Communication parameters and resources are routinely provided to the UE by the network via plural control messages such as DCI that enables UE to communicate in the network accordingly. Allowable Subject Matter Claims 8, 9, 12 and 13 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm. 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, Hassan Phillips can be reached at 571-272-3940. 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. /GAUTAM SHARMA/ Examiner, Art Unit 2467 /HASSAN A PHILLIPS/ Supervisory Patent Examiner, Art Unit 2467
Read full office action

Prosecution Timeline

Aug 07, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12666392
METHOD TO REDUCE POWER CONSUMPTION IN DUAL RECEIVE MUSIM DEVICES
3y 7m to grant Granted Jun 23, 2026
Patent 12648041
Special Cell Dormancy for New Radio
1y 9m to grant Granted Jun 02, 2026
Patent 12641660
DATA TRANSMISSION METHOD, DATA TRANSMISSION APPARATUS, PROCESSOR, AND MOBILE TERMINAL
1y 10m to grant Granted May 26, 2026
Patent 12634066
REFERENCE SIGNAL PHASE TIME DRIFT MODEL REPORTING FOR REFERENCE SIGNAL TIME-DOMAIN COHERENCY IN NEW RADIO
3y 8m to grant Granted May 19, 2026
Patent 12628219
DEVICE, SYSTEM, AND METHOD FOR MULTI-LINK (ML) RECONFIGURATION
4y 1m to grant Granted May 12, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+12.0%)
2y 6m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 650 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month