Prosecution Insights
Last updated: July 17, 2026
Application No. 18/837,477

METHODS FOR SIDELINK UNLICENSED CHANNEL ACCESS

Non-Final OA §102§112
Filed
Aug 09, 2024
Priority
Feb 09, 2022 — provisional 63/308,341 +5 more
Examiner
JENSEN, NICHOLAS A
Art Unit
Tech Center
Assignee
InterDigital Inc.
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
3y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
83 granted / 150 resolved
-4.7% vs TC avg
Strong +55% interview lift
Without
With
+54.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 11m
Avg Prosecution
13 currently pending
Career history
175
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
80.9%
+40.9% vs TC avg
§102
17.2%
-22.8% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 150 resolved cases

Office Action

§102 §112
CTNF 18/837,477 CTNF 86066 DETAILED ACTION 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. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-16 are 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. Claims 1 and 9 recites the limitation "the CPE are determined based". There is insufficient antecedent basis for this limitation in the claim. Previously the claim has established antecedent basis for “a set of cyclic prefix extensions (CPE) starting positions”, “each CPE starting position”, and “a CPE in the shared COT”. It is indefinite which CPE is being referenced with “the CPE are determined based”. Dependent claims 2-8 and 10-16 are rejected based on the dependency and failure to cure the deficiencies of the independent claims discussed above. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-16 are rejected under 35 U.S.C. 102( a)(1) and 102(a)(2 ) as being clearly anticipated by Sun et al. (US PG Pub. 20210092783 A1) hereinafter Sun . Regarding claim 1 Sun discloses: A method implemented by a wireless transmit-receive unit (WTRU), the method comprising: receiving configuration information that indicates a set of cyclic prefix extension (CPE) starting positions associated with sharing a channel occupancy time (COT), ([0128, 0056, 0037], Fig 5 and 6 BS transmits configuration to UEs indicating resources, periodicity, frequency bands for COT contention and sharing rules; Gap periods 604 in COT 602 allow monitoring UEs to perform LBT before joining; multiple gap positions enable priority-based access; COT sharing enables multiple UEs to utilize unoccupied time/frequency resources within a single COT acquired by initiating UE) wherein each CPE starting position of the set of CPE starting positions is associated with a sidelink transmission priority, ([0107, 0099] Fig 7 Priority-based hashing ensures high-priority traffic statistically selects earlier contention slots; CAPC restrictions maintain priority ordering) wherein each CPE has a duration; ([0062, 0106] Gap periods have specific durations enabling CAT2 LBT; contention slots allow LBT measurements) receiving a sidelink control information (SCI) message, wherein the SCI message indicates a remaining COT duration; ([0056, 0105] SCI 640/740 indicates COT duration or end time so responding UEs know channel access duration; enables temporal resource awareness) transmitting a CPE in the shared COT at a starting position for a duration, ([0062, 0106] Fig 6 and 7 Responding UE performs LBT at designated starting position (gap or contention slot) before transmitting) wherein the starting position and the duration of the CPE are determined based on a priority of a sidelink message and the configuration information; ([0107, 0088] Priority determines contention slot range: high-priority UEs select from slots 1-K, low-priority from K+1-N, ensuring earlier access for higher priority; Configuration from BS specifies COT sharing rules, including interlace-based vs. time-domain sharing modes and priority handling) transmitting the sidelink message in the shared COT following the CPE at a transmission time determined from the remaining COT duration. ([0056, 0062, 0105-0106] After successful LBT in gap/contention slot, responding UE transmits sidelink data (PSSCH) and control (PSCCH), Transmission timing based on COT duration info: responding UE uses remaining time after initiating UE’s scheduled transmissions) Regarding claim 2 Sun discloses: The method of claim 1, wherein shared COT is initiated by a second WTRU that sends the SCI message. ([0057, 0095-0096] Initiating UE performs CAT4 LBT to acquire COT, then transmits SCI 640 with COT sharing information to enable other UEs to join) Regarding claim 3 Sun discloses: The method of claim 1, wherein the sidelink message is a physical sidelink control channel (PSCCH) message or a physical sidelink shared channel (PSSCH) message. ([0057-0058] Fig 6 PSCCH carries SCI 640/642; transmitted in highest and lowest frequency RBs of interlace for frequency diversity; or transmitted in remaining RBs of after PSCCH allocation) Regarding claim 4 Sun discloses: The method of claim 1, wherein the SCI message indicates to share the shared COT. ([0056, 0058] SCI explicitly indicates COT sharing by listing available frequency interlaces or indicating which are reserved/in-use) Regarding claim 5 Sun discloses: The method of claim 1, wherein a type 2 listen-before-talk (LBT) is performed prior to transmitting the CPE. ([0062], [0106-0107] CAT2 LBT (one-shot LBT without random backoff) performed in gap period before joining COT; gap duration enables LBT) Regarding claim 6 Sun discloses: The method of claim 1, wherein transmitting the CPE in the shared COT is further based on performing a type 2 listen-before-talk (LBT). ([0106-0107], Fig 7 Transmission contingent on successful CAT2 LBT; responding UE only transmits if channel sensed idle during designated slot) Regarding claim 7 Sun discloses: The method of claim 1, wherein the SCI message is received in a slot, wherein the transmission time is further determined based on the slot. ([0056-0057] SCI transmitted in slot structure; PSCCH occupies specific RBs within slot containing COT sharing information) Regarding claim 8 Sun discloses: The method of claim 1, wherein the configuration information includes sidelink priority information. ([0063, 0099] Configuration includes Channel Access Priority Class (CAPC) determining traffic types allowed in COT; responding UEs restricted to same or lower CAPC) Regarding claim 9 Sun discloses: A wireless transmit-receive unit (WTRU) comprising: a processor operatively coupled to a transceiver, ([0074-0075]) the processor and transceiver configured to receive configuration information that indicates a set of cyclic prefix extension (CPE) starting positions associated with sharing a channel occupancy time (COT), ([0128, 0056, 0037], Fig 5 and 6 BS transmits configuration to UEs indicating resources, periodicity, frequency bands for COT contention and sharing rules; Gap periods 604 in COT 602 allow monitoring UEs to perform LBT before joining; multiple gap positions enable priority-based access; COT sharing enables multiple UEs to utilize unoccupied time/frequency resources within a single COT acquired by initiating UE) wherein each CPE starting position of the set of CPE starting positions is associated with a sidelink transmission priority, ([0107, 0099] Fig 7 Priority-based hashing ensures high-priority traffic statistically selects earlier contention slots; CAPC restrictions maintain priority ordering) wherein each CPE has a duration; ([0062, 0106] Gap periods have specific durations enabling CAT2 LBT; contention slots allow LBT measurements) the processor and transceiver configured to receive a sidelink control information (SCI) message, wherein the SCI message indicates a remaining COT duration; ([0056, 0105] SCI 640/740 indicates COT duration or end time so responding UEs know channel access duration; enables temporal resource awareness) the processor and transceiver configured to transmit a CPE in the shared COT at a starting position for a duration, ([0062, 0106] Fig 6 and 7 Responding UE performs LBT at designated starting position (gap or contention slot) before transmitting) wherein the starting position and the duration of the CPE are determined based on a priority of a sidelink message and the configuration information; ([0107, 0088] Priority determines contention slot range: high-priority UEs select from slots 1-K, low-priority from K+1-N, ensuring earlier access for higher priority; Configuration from BS specifies COT sharing rules, including interlace-based vs. time-domain sharing modes and priority handling) the processor and transceiver configured to transmit the sidelink message in the shared COT following the CPE at a transmission time determined from the remaining COT duration. ([0056, 0062, 0105-0106] After successful LBT in gap/contention slot, responding UE transmits sidelink data (PSSCH) and control (PSCCH), Transmission timing based on COT duration info: responding UE uses remaining time after initiating UE’s scheduled transmissions) Regarding claim 10 Sun discloses: The WTRU of claim 9, wherein shared COT is initiated by a second WTRU that sends the SCI message. ([0057, 0095-0096] Initiating UE (e.g., UE 615a) performs CAT4 LBT to acquire COT, then transmits SCI 640 with COT sharing information to enable other UEs to join) Regarding claim 11 Sun discloses: The WTRU of claim 9, wherein the sidelink message is a physical sidelink control channel (PSCCH) message or a physical sidelink shared channel (PSSCH) message. ([0057-0058] Fig 6 PSCCH carries SCI 640/642; transmitted in highest and lowest frequency RBs of interlace for frequency diversity; or transmitted in remaining RBs of after PSCCH allocation) Regarding claim 12 Sun discloses: The WTRU of claim 9, wherein the SCI message indicates to share the shared COT. ([0056, 0058] SCI explicitly indicates COT sharing by listing available frequency interlaces or indicating which are reserved/in-use) Regarding claim 13 Sun discloses: The WTRU of claim 9, wherein a type 2 listen-before-talk (LBT) is performed prior to transmitting the CPE. ([0062], [0106-0107] CAT2 LBT (one-shot LBT without random backoff) performed in gap period before joining COT; gap duration enables LBT) Regarding claim 14 Sun discloses: The WTRU of claim 9, wherein transmitting the CPE in the shared COT is further based on performing a type 2 listen-before-talk (LBT). ([0106-0107], Fig 7 Transmission contingent on successful CAT2 LBT; responding UE only transmits if channel sensed idle during designated slot) Regarding claim 15 Sun discloses: The WTRU of claim 9, wherein the SCI message is received in a slot, wherein the transmission time is further determined based on the slot. ([0056-0057] SCI transmitted in slot structure; PSCCH occupies specific RBs within slot containing COT sharing information) Regarding claim 16 Sun discloses: The WTRU of claim 9, wherein the configuration information includes sidelink priority information. ([0063, 0099] Configuration includes Channel Access Priority Class (CAPC) determining traffic types allowed in COT; responding UEs restricted to same or lower CAPC) Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Xue - US20210195641A1 and US20210195637A1 enhanced COT sharing where a UE performs LBT during at least a portion of a sidelink frame, determines a COT with a beginning offset from the frame boundary, and transmits a COT indication signal at the beginning of the COT to enable other UEs to share the subsequent sidelink frames. Li - US20220015144A1 determines uplink control information (UCI) containing indication information that enables a network device to determine downlink transmission parameters during a target time period within a shared COT obtained by the terminal device through LBT. Wu - US20230171803A1 discontinuous transmission in shared COT for sidelink communication in unlicensed spectrum where a UE transmits in a first slot, determines whether transmission criteria are satisfied for a non-continuous second slot, and selectively transmits in the second slot based on satisfaction of the criteria. Wang - US20220210827A1 user equipment-initiated COT sharing where a wireless device performs LBT, transmits messages to a base station to initiate COT sharing with additional wireless devices, receives COT information from the base station, and cooperates with the base station and other devices to utilize the shared COT. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Jensen whose telephone number is (571)270-5443. The examiner can normally be reached M-F 8:30-5:30 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. 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. NICHOLAS JENSEN Supervisory Patent Examiner Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472 Application/Control Number: 18/837,477 Page 2 Art Unit: 2472 Application/Control Number: 18/837,477 Page 3 Art Unit: 2472 Application/Control Number: 18/837,477 Page 4 Art Unit: 2472 Application/Control Number: 18/837,477 Page 5 Art Unit: 2472 Application/Control Number: 18/837,477 Page 6 Art Unit: 2472 Application/Control Number: 18/837,477 Page 7 Art Unit: 2472 Application/Control Number: 18/837,477 Page 8 Art Unit: 2472
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Prosecution Timeline

Aug 09, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102, §112 (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
55%
Grant Probability
99%
With Interview (+54.9%)
4y 11m (~3y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 150 resolved cases by this examiner. Grant probability derived from career allowance rate.

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