Prosecution Insights
Last updated: October 02, 2026
Application No. 18/846,962

METHOD AND APPARATUS FOR LBT IN SIDELINK COMMUNICATION OF UNLICENSED BAND

Non-Final OA §103
Filed
Sep 13, 2024
Priority
Jun 29, 2022 — RE 10-2022-0079900 +2 more
Examiner
ZAIDI, IQBAL
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Kia Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1114 granted / 1232 resolved
+32.4% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
30 currently pending
Career history
1257
Total Applications
across all art units

Statute-Specific Performance

§101
6.8%
-33.2% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1232 resolved cases

Office Action

§103
DETAILED ACTION The instant application having application No 18/846962 filed on 09/13/2024 is presented for examination by the examiner. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. Claims 1-3, 5-11, 13-18 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over LI et al. (U.S 20230269610, Aug. 24, 2023) in view of LI et al. (U.S 20200374236, Nov. 26, 2020). Regarding Claim 1, LI discloses a method of a first user equipment (UE), comprising transmitting, to a second UE, configuration information of one or more listen before talk (LBT) symbols capable of performing an LBT operation (page 10, par(0099), line 1-10, the first UE and the second UE obtain information associated with an LBT success rate configured, an LBT failure rate within a monitoring or measurement window configured(LBT operation), associated with the PSCCH or PSSCH transmitted from the peer UE). LI discloses all aspects of the claimed invention, except transmitting scheduling information of data to the second UE; and receiving hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data from the second UE, wherein an LBT operation of the second UE for transmitting the HARQ-ACK information is performed in at least one LBT symbol among the one or more LBT symbols. LI is the same field of invention teaches transmitting scheduling information of data to the second UE (page 25, par (0319), line 1-10, send scheduling signaling to indicate scheduling information of the data packet 3 to the UE 3(wherein UE 3 is a second UE)); transmitting the data to the second UE based on the scheduling information (page 25, par (0319), line 1-10, send scheduling signaling to indicate scheduling information (based on the scheduling information) of the data packet to the UE 3(wherein UE 3 is a second UE)); and receiving hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data from the second UE, wherein an LBT operation of the second UE for transmitting the HARQ-ACK information is performed in at least one LBT symbol among the one or more LBT symbols (page 25, par (0319), line 10-20, The access network device successfully performs LBT on the subband 1 to the subband 3, but fails to perform LBT on the sub band 4. Therefore, the access network device occupies the subband 3 to send some data information of the data packet 3. A HARQ-ACK fed back by the UE 3 for the data packet 3 is a NACK, so that the access network device adjusts CWSs of the subband 3 and the subband 4 based on the NACK). LI and LI are analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data from the second UE the teaching of LI to include the access network device occupies the subband 3 to send some data information of the data packet 3. A HARQ-ACK fed back by the UE 3 for the data packet 3 is a NACK teaching of LI because it is providing a wideband CWS determining when a wideband data packet in a wideband NR system on an unlicensed spectrum occupies a plurality of subbands, a subband CWS adjusted based on a wideband HARQ-ACK corresponding to the wideband data packet. Regarding Claim 2, LI discloses the configuration information and the scheduling information are included in same sidelink control information (SCI) or different signaling messages (page 7, par (0065), line 1-10, The SCI include information associated with data transmissions on the PSSCH, such as a HARQ process ID, a new data indicator (NDI), a source identifier, a destination identifier, and/or a channel state information (CSI) report trigger). Regarding Claim 3, LI discloses the one or more LBT symbols are configured within one physical sidelink feedback channel (PSFCH) slot, and the one PSFCH slot includes a PSFCH resource for transmitting the HARQ-ACK information (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Regarding Claim 5, LI discloses all aspects of the claimed invention, except the one or more LBT symbols are configured considering a minimum number of symbols required for transmission of the data. LI is the same field of invention teaches the one or more LBT symbols are configured considering a minimum number of symbols required for transmission of the data (page 10, par (0130), line 1-10, sending node independently performs LBT on each carrier for any carrier, after the LBT succeeds, the sending node occupies the carrier to send a data packet for a subband in the LTE multi-carrier transmission system an access network device separately performs LBT on a carrier 1 to a carrier 4. LBT listening on the carrier 1 to the carrier 3 succeeds, and the three carriers are occupied). Regarding Claim 6, LI discloses the one or more LBT symbols are configured considering a configuration periodicity of a PSFCH resource included in a PSFCH slot (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Regarding Claim 7, LI discloses a method of a second user equipment (UE), comprising receiving configuration information of one or more listen before talk (LBT) symbols capable of performing an LBT operation (page 10, par (0099), line 1-10, the first UE and the second UE obtain information associated with an LBT success rate configured, an LBT failure rate within a monitoring or measurement window configured (LBT operation), associated with the PSCCH or PSSCH transmitted from the peer UE). LI discloses all aspects of the claimed invention, except receiving scheduling information of data from a first UE; and performing a first LBT operation in a first LBT symbol among the one or more LBT symbols indicated by the configuration information to transmit hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data. LI is the same field of invention teaches receiving scheduling information of data from a first UE (page 25, par (0319), line 1-10, send scheduling signaling to indicate scheduling information of the data packet 3 to the UE 3(wherein UE 3 is a second UE)); receiving the data from the first UE based on the scheduling information(page 25, par (0319), line 1-10, send scheduling signaling to indicate scheduling information (based on the scheduling information) of the data packet to the UE 3(wherein UE 3 is a second UE)); and performing a first LBT operation in a first LBT symbol among the one or more LBT symbols indicated by the configuration information to transmit hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data (page 25, par (0319), line 10-20, The access network device successfully performs LBT on the subband 1 to the subband 3, but fails to perform LBT on the sub band 4. Therefore, the access network device occupies the subband 3 to send some data information of the data packet 3. A HARQ-ACK fed back by the UE 3 for the data packet 3 is a NACK, so that the access network device adjusts CWSs of the subband 3 and the subband 4 based on the NACK). LI and LI are analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data from the second UE the teaching of LI to include the access network device occupies the subband 3 to send some data information of the data packet 3. A HARQ-ACK fed back by the UE 3 for the data packet 3 is a NACK teaching of LI because it is providing a wideband CWS determining when a wideband data packet in a wideband NR system on an unlicensed spectrum occupies a plurality of subbands, a subband CWS adjusted based on a wideband HARQ-ACK corresponding to the wideband data packet. Regarding Claim 8, LI discloses in response to a failure of the first LBT operation, performing a second LBT operation in a second LBT symbol among the one or more LBT symbols(page 10, par (0099), line 1-10, the first UE and the second UE obtain information associated with an LBT success rate configured, an LBT failure rate within a monitoring or measurement window configured (LBT operation), associated with the PSCCH or PSSCH transmitted from the peer UE); and in response to a success of the second LBT operation, transmitting the HARQ- ACK information to the first UE (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Regarding Claim 9, LI discloses all aspects of the claimed invention, except the configuration information is received through signaling from the first UE or a base station. LI is the same field of invention teaches the configuration information is received through signaling from the first UE or a base station (page 25, par (0319), line 1-10, send scheduling signaling to indicate scheduling information of the data packet 3 to the UE 3(wherein UE 3 is a second UE)). Regarding Claim 10, LI discloses the configuration information and the scheduling information are included in same sidelink control information (SCI) or different signaling messages received from the first UE (page 7, par (0065), line 1-10, The SCI include information associated with data transmissions on the PSSCH, such as a HARQ process ID, a new data indicator (NDI), a source identifier, a destination identifier, and/or a channel state information (CSI) report trigger). Regarding Claim 11, LI discloses the one or more LBT symbols are configured within one physical sidelink feedback channel (PSFCH) slot, and the one PSFCH slot includes a PSFCH resource for transmitting the HARQ-ACK information (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Regarding Claim 13, LI discloses all aspects of the claimed invention, except the one or more LBT symbols are configured considering a minimum number of symbols required for transmission of the data. LI is the same field of invention teaches the one or more LBT symbols are configured considering a minimum number of symbols required for transmission of the data (page 10, par (0130), line 1-10, sending node independently performs LBT on each carrier for any carrier, after the LBT succeeds, the sending node occupies the carrier to send a data packet for a subband in the LTE multi-carrier transmission system an access network device separately performs LBT on a carrier 1 to a carrier 4. LBT listening on the carrier 1 to the carrier 3 succeeds, and the three carriers are occupied). Regarding Claim 14, LI discloses the one or more LBT symbols are configured considering a configuration periodicity of a PSFCH resource included in a PSFCH slot (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Regarding Claim 15, LI discloses a second user equipment (UE) comprising a processor, wherein the processor causes the second UE to perform receiving configuration information of one or more listen before talk (LBT) symbols capable of performing an LBT operation(page 10, par(0099), line 1-10, the first UE and the second UE obtain information associated with an LBT success rate configured, an LBT failure rate within a monitoring or measurement window configured(LBT operation), associated with the PSCCH or PSSCH transmitted from the peer UE). LI discloses all aspects of the claimed invention, except receiving scheduling information of data from a first UE; receiving the data from the first UE based on the scheduling information; and performing a first LBT operation in a first LBT symbol among the one or more LBT symbols indicated by the configuration information to transmit hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data. LI is the same field of invention teaches receiving scheduling information of data from a first UE(page 25, par (0319), line 1-10, send scheduling signaling to indicate scheduling information of the data packet 3 to the UE 3(wherein UE 3 is a second UE)); receiving the data from the first UE based on the scheduling information(page 25, par (0319), line 1-10, send scheduling signaling to indicate scheduling information (based on the scheduling information) of the data packet to the UE 3(wherein UE 3 is a second UE)); and performing a first LBT operation in a first LBT symbol among the one or more LBT symbols indicated by the configuration information to transmit hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data(page 25, par (0319), line 10-20, The access network device successfully performs LBT on the subband 1 to the subband 3, but fails to perform LBT on the sub band 4. Therefore, the access network device occupies the subband 3 to send some data information of the data packet 3. A HARQ-ACK fed back by the UE 3 for the data packet 3 is a NACK, so that the access network device adjusts CWSs of the subband 3 and the subband 4 based on the NACK). LI and LI are analogous art because they are from the same field of endeavor of access to a service device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the receiving hybrid automatic repeat request-acknowledgement (HARQ-ACK) information for the data from the second UE the teaching of LI to include the access network device occupies the subband 3 to send some data information of the data packet 3. A HARQ-ACK fed back by the UE 3 for the data packet 3 is a NACK teaching of LI because it is providing a wideband CWS determining when a wideband data packet in a wideband NR system on an unlicensed spectrum occupies a plurality of subbands, a subband CWS adjusted based on a wideband HARQ-ACK corresponding to the wideband data packet. Regarding Claim 16, LI discloses the processor further causes the second UE to perform in response to a failure of the first LBT operation, performing a second LBT operation in a second LBT symbol among the one or more LBT symbols(page 10, par(0099), line 1-10, the first UE and the second UE obtain information associated with an LBT success rate configured, an LBT failure rate within a monitoring or measurement window configured(LBT operation), associated with the PSCCH or PSSCH transmitted from the peer UE); and in response to a success of the second LBT operation, transmitting the HARQ-ACK information to the first UE (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Regarding Claim 17, LI discloses the configuration information and the scheduling information are included in same sidelink control information (SCI) or different signaling messages received from the first UE(page 7, par (0065), line 1-10, The SCI include information associated with data transmissions on the PSSCH, such as a HARQ process ID, a new data indicator (NDI), a source identifier, a destination identifier, and/or a channel state information (CSI) report trigger). Regarding Claim 18, LI discloses the one or more LBT symbols are configured within one physical sidelink feedback channel (PSFCH) slot, and the one PSFCH slot includes a PSFCH resource for transmitting the HARQ-ACK information (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Regarding Claim 20, LI discloses the one or more LBT symbols are configured considering a minimum number of symbols required for transmission of the data or a configuration periodicity of a PSFCH resource included in a PSFCH slot (page 7, par (0064), line 1-10, The TB 335 may include data. The PSFCH used to communicate side link feedback, such as HARQ feedback). Examiner Notice Claim 1 would be allowable if (i) claim 4 is incorporated into the independent claim 1. Claim 7 would be allowable if (i) claim 12 is incorporated into the independent claim 7. Claim 15 would be allowable if (i) claim 19 is incorporated into the independent claim 15. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are: Talarico et al. (US 20190159256, May 23, 2019) teaches Contention Window Adjustment Mechanisms for FELAA Systems. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NGO RICKY can be reached on 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /IQBAL ZAIDI/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Sep 13, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+6.8%)
2y 3m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1232 resolved cases by this examiner. Grant probability derived from career allowance rate.

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