Prosecution Insights
Last updated: October 02, 2026
Application No. 18/860,433

METHOD AND DEVICE FOR PERFORMING SIDELINK COMMUNICATION IN WIRELESS COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Oct 25, 2024
Priority
Apr 26, 2022 — provisional 63/335,203 +1 more
Examiner
CUNNINGHAM, KEVIN M
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
434 granted / 605 resolved
+11.7% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
46 currently pending
Career history
648
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
59.8%
+19.8% vs TC avg
§102
11.8%
-28.2% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 605 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. Claims 1, 2, 4, 8-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Alfarhan et al (US 2024/0298350, hereinafter Alfarhan, claiming the priority date of provisional application 63/275,354). Regarding claim 1, Alfarhan discloses a method comprising: receiving, by a first user equipment (UE), configuration information related to at least one resource block (RB) set for sidelink (SL) transmission from a base station (the WTRU is configured with an association between resource sets, Para [0184], there are different sets of SL resources the WTRU can select, Para [0182], the WTRU is configured with CSLF parameters according to SL channel, SL BWP, etc., Para [0108]); and based on a SL consistent listen before talk (LBT) failure being triggered for a specific RB set among the at least one RB set, transmitting, by the first UE, a medium access control (MAC) control element (CE) related to the SL consistent LBT failure to the base station (a consistent LBT failure may be detected on an SL channel and the WTRU may report the failure in an SL LBT failure MAC CE, Para [0160], WTRU indicates resource set(s) the CSLF has been triggered on, Para [0159], consistent LBT failure on a set of resources, Para [0160], obvious to one of ordinary skill the set of resources can be an RB set); wherein the MAC CE includes information indicating that the SL consistent LBT failure was detected for the specific RB set (the SL LBT failure may include the set of resources or the like on which consistent LBT failure was detected, Para [0160], obvious to one of ordinary skill the set of resources can be a RB set. Also see Para [0099, 129, 155] from provisional application 63/275,354). Regarding claim 2, Alfarhan discloses the method of claim 1, wherein: the MAC CE includes information indicating at least one of cells or SL bandwidth part (BWP) in which the SL consistent LBT failure was detected (the SL LBT failure MAC CE can have an indication of the BWP, carrier ID or the like, Para [0160]). Regarding claim 4, Alfarhan discloses the method of claim 1, wherein: based on a SL resource allocation mode 1 being configured for the UE: based on the SL consistent LBT failure being triggered for the specific RB set among at least one of the RB sets, a physical uplink control channel (PUCCH) including SL HARQ-ACK information indicating a negative acknowledgement (NACK) and information indicating that the NACK was generated by the SL consistent LBT is transmitted to the base station (CSLF parameters depend on SL mode, which can be SL mode 1, Para [0120], WTRU transmits the CSLF to the BS in mode 1, Para [0174], WTRU reports an indication of LBT failure via a NACK on PUCCH, Para [0071]). Regarding claim 8, Alfarhan discloses the method of claim 4, but not wherein: based on the PUCCH and SL transmission colliding, the SL transmission is dropped and the PUCCH is transmitted to the base station (known technique in the art, when two transmissions collide or overlap, the lower priority transmission can be dropped). Regarding claim 9, Lee discloses the method of claim 1, wherein: based on a scheduling request (SR) for the MAC CE being triggered, the SR is transmitted to the base station (a scheduling request being triggered then transmitted is well known in the art). Regarding claim 10, Alfarhan discloses a first user equipment (UE, Fig. 1) in a wireless communication system, the first UE comprising: at least one transceiver and at least one processor (transceiver and processor, Fig. 1) connected to the at least one transceiver, wherein the at least one processor is configured to: receive configuration information related to at least one resource block (RB) set for sidelink (SL) transmission from a base station through the at least one transceiver (the WTRU is configured with an association between resource sets, Para [0184], there are different sets of SL resources the WTRU can select, Para [0182], the WTRU is configured with CSLF parameters according to SL channel, SL BWP, etc., Para [0108]); and based on a SL consistent listen before talk (LBT) failure being triggered for a specific RB set among the at least one RB set, transmit a medium access control (MAC) control element (CE) related to the SL consistent LBT failure to the base station through the at least one transceiver (a consistent LBT failure may be detected on an SL channel and the WTRU may report the failure in an SL LBT failure MAC CE, Para [0160], WTRU indicates resource set(s) the CSLF has been triggered on, Para [0159], consistent LBT failure on a set of resources, Para [0160], obvious to one of ordinary skill the set of resources can be an RB set); wherein the MAC CE includes information indicating that the SL consistent LBT failure was detected for the specific RB set (the SL LBT failure may include the set of resources or the like on which consistent LBT failure was detected, Para [0160], obvious to one of ordinary skill the set of resources can be a RB set. Also see Para [0099, 129, 155] from provisional application 63/275,354). Regarding claim 12, Alfarhan discloses a base station (enodeB, Fig. 1c) in a wireless communication, the base station comprising: at least one transceiver and at least one processor (transceiver and processor, inherent) connected to the at least one transceiver, wherein the at least one processor is configured to: transmit configuration information related to at least one resource block (RB) set for sidelink (SL) transmission to a first user equipment (UE) through the at least one transceiver (the WTRU is configured with an association between resource sets, Para [0184], there are different sets of SL resources the WTRU can select, Para [0182], the WTRU is configured with CSLF parameters according to SL channel, SL BWP, etc., Para [0108]); and based on a SL consistent listen before talk (LBT) failure being triggered for a specific RB set among the at least one RB set, receive a medium access control (MAC) control element (CE) related to the SL consistent LBT failure from the first UE through the at least one transceiver (a consistent LBT failure may be detected on an SL channel and the WTRU may report the failure in an SL LBT failure MAC CE, Para [0160], WTRU indicates resource set(s) the CSLF has been triggered on, Para [0159], consistent LBT failure on a set of resources, Para [0160], obvious to one of ordinary skill the set of resources can be an RB set); wherein the MAC CE includes information indicating that the SL consistent LBT failure was detected for the specific RB set (the SL LBT failure may include the set of resources or the like on which consistent LBT failure was detected, Para [0160], obvious to one of ordinary skill the set of resources can be a RB set. Also see Para [0099, 129, 155] from provisional application 63/275,354). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Alfarhan and in view of Cirik et al (US 2021/0360631, hereinafter Cirik). Regarding claim 3, Alfarhan discloses the method of claim 1, but not wherein: an logical channel identity (LCID) corresponding to a sub-header of a MAC protocol data unit (PDU) including the MAC CE associated with the SL consistent LBT failure is different from a LCID value corresponding to a sub-header of a MAC PDU including the MAC CE associated with a LBT failure in an uplink. Cirik discloses the LBT failure MAC CE includes a MAC PDU sub-header with LCID, Para [0381] and the LCID can be different from a second LCID of a second LBT failure MAC CE not indicating an UL carrier, Para [0382], obvious to one of ordinary skill the MAC CE failure indication can have different LCIDs. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Cirik in the system of Alfarhan in order to for the network to instantly identify the LBT failure report from standard data and control elements. Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Alfarhan and in view of Kazmi et al (US 2022/0239452, hereinafter Kazmi). Regarding claim 5, Alfarhan discloses the method of claim 1, wherein: an radio resource control (RRC) reconfiguration message for configuring a new RB set is received from the base station, and a RB set for SL communication is changed from the specific RB set to the new RB set by the first UE. Kazmi discloses an active SL BWP can be switched via an RRC message, which is a reconfiguration, Para [0053]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Kazmi in the system of Alfarhan in order to improve handling of bandwidth switching and avoid undesired blocking of bandwidths. Regarding claim 6, Alfarhan discloses the method of claim 1, wherein: based on downlink control information (DCI) or downlink (DL) MAC CE indicating a new RB set being received from the base station, a RB set for SL communication is changed from the specific RB set to the new RB set by the first UE. Kazmi discloses an active SL BWP can be switched via an DCI command, Para [0053]. Regarding claim 7, Alfarhan discloses the method of claim 1, wherein: a RB set for SL communication is changed by the first UE from the specific RB set to a default RB set configured by the base station or a SL RB set of an initial SL BWP associated with an initial UL BWP. Kazmi discloses an active SL BWP can be switched based on a timer, Para [0053], switching back to a default BWP is known in the art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Oct 25, 2024
Application Filed
Sep 09, 2025
Response after Non-Final Action
Sep 14, 2026
Non-Final Rejection mailed — §103 (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
72%
Grant Probability
83%
With Interview (+11.2%)
2y 9m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 605 resolved cases by this examiner. Grant probability derived from career allowance rate.

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