Prosecution Insights
Last updated: August 18, 2026
Application No. 18/856,488

METHOD AND APPARATUS FOR PERFORMING SIDELINK COMMUNICATION IN WIRELESS COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Oct 11, 2024
Priority
Apr 26, 2022 — provisional 63/335,189 +1 more
Examiner
THOMPSON, JR, OTIS L
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
909 granted / 1023 resolved
+28.9% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
25 currently pending
Career history
1052
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1023 resolved cases

Office Action

§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 . 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. Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Di Girolamo et al. (US 2025/0038807) in view of Hui et al. (US 2025/0024494). Regarding claims 1 and 10, Di Girolamo et al. disclose a method performed by a first user equipment (UE) in a wireless communication system (Paragraphs 77, 179, 194, 251, WTRU; Figure 8F, WTRU 102), the method comprising and the first UE comprising: at least one transceiver (Figure 8F, transceiver 120); and at least one processor connected to the at least one transceiver (Figure 8F, processor 118 connected to transceiver 120), wherein the at least one processor is configured to: receiving, from a base station, configuration information related to a plurality of sidelink (SL) resource pools (Paragraph 77, For SL, transmission resources may be allocated to the WTRU by the gNB; Paragraph 179, a WTRU may be configured with multiple TX resource pools. These resource pools may be in one SL BWP or over multiple SL BWPs. Some of the TX resource pools may be configured as “active”, and may be used for sidelink transmissions, while others may be configured as “inactive” and are not used for sidelink transmissions. The WTRU may be configured to monitor LBT events for each of these TX resource pools); and based on a SL consistent SL LBT (listen before talk (LBT) failure for RB sets of a first SL resource pool among the plurality of SL resource pools being detected (Paragraph 194, Per resource pool: The WTRU may determine consistent LBT failure for a specific resource pool or group of resource pools. For example, a WTRU may determine consistent LBT failure for multiple TX resource pools. These resource pools may be in one SL BWP or over multiple SL BWPs. Some of the TX resource pools may be configured as “active”, and may be used for sidelink transmissions, while others may be configured as “inactive” and are not used for sidelink transmissions. The WTRU may be configured to determine consistent LBT failure for each of these TX resource pools; Paragraph 251, a consistent LBT failure is determined on a “active” TX resource pool), selecting a second SL resource pool among the plurality of resource pools (Paragraph 251, the WTRU may autonomously change to an alternate TX resource pool that is being monitored, one for which no consistent LBT failure has been determined. The alternate TX resource pool may be “active” TX resource pool or an “inactive” TX resource pool). Di Girolamo et al. do not disclose the following limitations that are disclosed by Hui et al.: wherein a selected SL grant corresponding to the first SL resource pool is removed (Hui et al., Paragraph 479, Implementing embodiments of the present disclosure may increase flexibility for the transmitting wireless device to determine whether to select a new resource pool or to select a new set of resources based on a number of LBT failures in a time period on the unlicensed/shared spectrum/cell/carrier/band; Paragraph 489, the first wireless device (e.g., the higher layer of the first wireless device) may select, based on the LBT failure of the first resource (e.g., or the indication of the LBT failure) and for the one or more sidelink transmissions, a second resource other than the first resource. In an example, the first wireless device (e.g., the higher layer of the first wireless device) may remove the first resource from the sidelink grant, based on the LBT failure of first resource (e.g., or the indication of the LBT failure). the first wireless device (e.g., the higher layer of the first wireless device) may replace the first resource in the sidelink grant by the second resource, based on the LBT failure of the first resource (e.g., or the indication of the LBT failure)). 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 Di Girolamo et al. with the cited disclosure from Hui et al. in order to reduce power consumption, processing latency, transmission delay, computational complexity and/or hardware complexity for sidelink communications and increase robustness of sidelink communications (Hui et al., Paragraph 479). Regarding claim 2, Di Girolamo et al. in view of Hui et al. disclose wherein: configuration information related to a hybrid automatic repeat request (HARQ)- acknowledgement (ACK) feedback for SL logical channel is set to enabled (Di Girolamo et al., Paragraphs 84, 90, 91, 254, Tables 7, 8, 10-12, HARQ feedback has been enabled; Hui et al., Paragraphs 245, 254, 437, HARQ feedback enabled/disabled indicator). Regarding claim 3, Di Girolamo et al. disclose wherein: based on the SL consistent LBT being triggered a first number of times, the second SL resource pool is selected from the plurality of resource pools (Abstract, The WTRU may determine, based on the LBT failure, that a total number or consecutive number of detected LBT failures for one of the monitored TX resource pools exceeds a threshold, indicating a consistent LBT failure; Paragraph 251, a consistent LBT failure is determined on a “active” TX resource pool, the WTRU may autonomously change to an alternate TX resource pool that is being monitored, one for which no consistent LBT failure has been determined. The alternate TX resource pool may be “active” TX resource pool or an “inactive” TX resource pool). Regarding claim 4, Di Girolamo et al. in view of Hui et al. disclose wherein: a second selected sidelink grant is generated based on the second SL resource pool (Hui et al., Paragraph 479, transmitting wireless device to determine whether to select a new resource pool or to select a new set of resources based on a number of LBT failures in a time period on the unlicensed/shared spectrum/cell/carrier/band; Paragraph 489, replace first resource in the sidelink grant by the second resource), and a medium access control (MAC) protocol data unit (PDU) based on the second selected sidelink grant is transmitted to the second UE (Di Girolamo et al., Paragraphs 81, 83, 93, MAC PDU transmission based on sidelink grant). Regarding claim 5, Di Girolamo et al. disclose wherein: based on configuration information related to a SL LBT failure recovery procedure being reconfigured by the base station, the SL consistent LBT is cancelled (Table 5, The MAC entity may be configured by RRC with a consistent SL LBT failure recovery procedure…For each configured granularity with sl_lbt-FailureRecoveryConfig, the MAC entity may:…1> if all triggered consistent LBT failures are cancelled for the configured granularity; or 1> if the sl-lbt-FailureDetectionTimer expires; or 1> if sl_lbt-FailureDetectionTimer or sl_lbt-FailureInstanceMaxCount is reconfigured by upper layers: 2> set SL_LBT_COUNTER to 0). Regarding claim 6, Di Girolamo et al. disclose wherein: based on the consistent SL LBT being cancelled or a timer related to a detection of the consistent SL LBT expiring, a value of a SL LBT counter for SL LBT failure indication is set to 0 (Table 5, The MAC entity may be configured by RRC with a consistent SL LBT failure recovery procedure…For each configured granularity with sl_lbt-FailureRecoveryConfig, the MAC entity may:…1> if all triggered consistent LBT failures are cancelled for the configured granularity; or 1> if the sl-lbt-FailureDetectionTimer expires; or 1> if sl_lbt-FailureDetectionTimer or sl_lbt-FailureInstanceMaxCount is reconfigured by upper layers: 2> set SL_LBT_COUNTER to 0). Regarding claim 7, Di Girolamo et al. disclose wherein: configuration information related to SL resource allocation mode 2 is received from the base station (Paragraph 78, the RRC may configure the PHY entity for sidelink operation. This includes the TX resource pool configuration, as well as mode 1 configuration, and mode 2 configuration; Paragraph 370, RRC configures Sidelink resource allocation mode 2). Regarding claim 8, Di Girolamo et al. disclose wherein: based on a physical sidelink shared channel (PSSCH) transmission (Paragraph 78, sidelink resource allocations for transmission opportunities referred as PSCCH/PSSCH duration) not being performed due to the triggered consistent SL LBT failure (Paragraph 251, a consistent LBT failure is determined on a “active” TX resource poo), a SL resource reselection is triggered (Paragraph 251, the WTRU may autonomously change to an alternate TX resource pool that is being monitored, one for which no consistent LBT failure has been determined). Regarding claim 9, Di Girolamo et al. disclose wherein: based on the consistent SL LBT triggered in a first SL BWP (Paragraph 194, Per resource pool: The WTRU may determine consistent LBT failure for a specific resource pool or group of resource pools. For example, a WTRU may determine consistent LBT failure for multiple TX resource pools. These resource pools may be in one SL BWP or over multiple SL BWPs; Paragraph 251, a consistent LBT failure is determined on a “active” TX resource pool) or a first cell not being cancelled, a SL resource reselection is triggered within a second SL BWP (Paragraph 251, a consistent LBT failure is determined on a “active” TX resource pool, the WTRU may autonomously change to an alternate TX resource pool that is being monitored, one for which no consistent LBT failure has been determined. The alternate TX resource pool may be “active” TX resource pool or an “inactive” TX resource pool; If resource pools are over multiple SL BWPs according to paragraph 194, then changing to an alternate resource pool may be considered reselection with a second SL BWP) or a second cell to generate a third selected SL grant. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm. 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, Chirag G. Shah can be reached at (571)272-3144. 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. /OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477 July 17, 2026
Read full office action

Prosecution Timeline

Oct 11, 2024
Application Filed
Aug 30, 2025
Response after Non-Final Action
Jul 21, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12696274
METHOD AND APPARATUS FOR DOWNLINK TRANSMISSION IN PHYSICAL DOWNLINK CONTROL CHANNEL
3y 6m to grant Granted Jul 28, 2026
Patent 12689998
CONFIGURATION OF VALIDITY TIMER
2y 4m to grant Granted Jul 21, 2026
Patent 12684477
SCell Activation Enhancement with Assistance Reference Signal
3y 3m to grant Granted Jul 14, 2026
Patent 12683925
WIRELESS CLIENT MEDIA ACCESS CONTROL (MAC) ADDRESS COLLISION AVOIDANCE
2y 3m to grant Granted Jul 14, 2026
Patent 12676771
CONTROLLER SIGNALING OF FLEXIBLE EVENT INDICATOR ANNUNCIATION
4y 1m to grant Granted Jul 07, 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
89%
Grant Probability
98%
With Interview (+9.4%)
2y 4m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1023 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