Prosecution Insights
Last updated: October 01, 2026
Application No. 18/860,538

METHOD AND APPARATUS FOR RESOURCE POOL CONFIGURATION OVER UNLICENSED SPECTRUM

Non-Final OA §102§103
Filed
Oct 25, 2024
Priority
Apr 28, 2022 — nonprovisional of PCTCN2022089953
Examiner
CERLANEK, RACHEL ELIZABETH
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Lenovo (United States) Inc.
OA Round
1 (Non-Final)
97%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 97% — above average
97%
Career Allowance Rate
69 granted / 71 resolved
+39.2% vs TC avg
Minimal -2% lift
Without
With
+-1.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
14 currently pending
Career history
88
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
32.2%
-7.8% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 71 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION This action is in response to communications filed 10/25/2024. Claims 1-20 are currently pending. Information Disclosure Statement The information disclosure statements (IDS) submitted on 01/27/2025 and 03/14/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 102 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. 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 1-5, 7-8, and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun (Pub. No.: US 2021/0092783 A1). Regarding claim 1, Sun teaches A user equipment (UE) for wireless communication (Sun [0002-0003]: user equipment for wireless communication), comprising: at least one memory (Sun [0074-0076]: memory); and at least one processor coupled with the at least one memory (Sun [0074-0076] and fig. 4: processor coupled to memory) and configured to cause the UE to: receive, from a network node, configuration information for initiating a channel occupancy time (COT) (Sun [0079]: receive configuration information from a BS (base station) (network node), for initiating COT (channel occupancy time)), the configuration information associated with at least one of a channel access priority class (CAPC) (Sun [0037], [0078], [0105], [0158], [0164-0168]: “sidelink COT sharing information includes information associated with a channel access priority class (CAPC)”, associated with CAPC since they are part of the same communication process, association can be to any degree, further the information shared was obtained through configuration information [0079]), or an energy detection operation related to the COT; and communicate with a second UE over a sidelink (Sun [0007-0010]: first and second UEs communicating over sidelink). Regarding claim 2, Sun teaches The UE of Claim 1 (the limitations of parent claim 1 as indicated above), wherein the configuration information is configured or preconfigured to the UE (Sun [0136] and [0078-0079]: configuration information configured to the UE). Regarding claim 3, Sun teaches The UE of Claim 1 (the limitations of parent claim 1 as indicated above), wherein based at least in part on the configuration information being associated with the CAPC, the configuration information includes at least one of: a first CAPC value for a resource pool on an unlicensed band; a first mapping relationship between one or more traffic priority level values and one or more CAPC values (Sun [0102], [0105], and [0110]: CAPC may determine priority of traffic); a priority level value for the resource pool on the unlicensed band; or a second mapping relationship between the priority level value and one CAPC value. Regarding claim 4, Sun teaches The UE of Claim 3 (the limitations of parent claim 3 as indicated above), wherein the at least one processor is configured to cause the UE to: determine the first CAPC value based on the configuration information (Sun [0128] and [0058]: resources for sidelink communications between UEs is configured by the BS, BS may also directly indicate whether to share certain information; [0037]: UE utilizing the CAPC value); and perform a channel access procedure for initiating the COT based on one or more parameters related to the first CAPC value (Sun [0037], [0133], [0141] and [0102-0103]: channel access priority class (CAPC) used for acquiring the COT, COT information includes information associated with a CAPC). Regarding claim 5, Sun teaches The UE of Claim 3 (the limitations of parent claim 3 as indicated above), wherein the at least one processor is configured to cause the UE to: determine a traffic priority level value of the UE (Sun [0102]: priority of traffic); and determine a second CAPC value corresponding to the traffic priority level value based on the first mapping relationship (Sun [0110]: separate CAPC than the CAPC indicated (second CAPC value) corresponding to transmit traffic). Regarding claim 7, Sun teaches The UE of Claim 3 (the limitations of parent claim 3 as indicated above), wherein the at least one processor is configured to cause the UE to: determine the priority level value based on the configuration information; determine a traffic priority level value of the UE (Sun [0102] and [0109-0110]: priority of traffic); and transmit, to the second UE over the sidelink, data traffic of the UE based at least in part on the traffic priority level value being less than or equal to the priority level value (Sun [0110]: separate CAPC than the CAPC indicated (second CAPC value) corresponding to transmitting traffic, scheme 600 describing communications between the two UEs over sidelink); or not transmit the data traffic of the UE to the second UE, in response to based at least in part on the traffic priority level value being greater than the priority level value. Regarding claim 8, Sun teaches The UE of Claim 1 (the limitations of parent claim 1 as indicated above), wherein, in response to the configuration information being associated with the energy detection operation, the configuration information includes a first energy detection threshold for a resource pool on an unlicensed band (Sun [0057], [0130], and [0140]: energy detection, which utilizes a set threshold and operates in an unlicensed band). Regarding claim 11, Sun teaches A user equipment (UE) for wireless communication (Sun [0002-0003]: user equipment for wireless communication), comprising: at least one memory (Sun [0074-0076]: memory); and at least one processor coupled with the at least one memory (Sun [0074-0076] and fig. 4: processor coupled to memory) and configured to cause the UE to: determine at least one of a first channel access priority class (CAPC) value or a first priority level value of a first data traffic of the UE (Sun [0156]: determining associated with CAPC; Sun [0128] and [0058]: resources for sidelink communications between UEs is configured; [0037]: UE utilizing the CAPC value); receive, from a second UE over sidelink, at least one of a second CAPC value or a second priority level value of a second data traffic of the second UE (Sun [0110], [0102]: receiving from another UE CAPC information, which includes a separate CAPC than the CAPC indicated (second CAPC value)); and determine a greater CAPC value between the first CAPC value and the second CAPC value, or determine a greater priority level value between the first priority level value and the second priority level value. (Sun [0109]: higher priority level between priority levels). Regarding claim 12, Sun teaches A network node for wireless communication (Sun [0003]: wireless communication by base station (BS) (network node)), comprising: at least one memory (Sun fig. 5: memory); and at least one processor coupled with the at least one memory (Sun fig. 5: memory coupled to the processor) and configured to cause the network node to transmit, to a user equipment (UE), configuration information for initiating a channel occupancy time (COT), the configuration information associated with at least one of a channel access priority class (CAPC), or an energy detection operation related to the COT (Sun [0079] and [0049]: BS (base station) transmitting reference signals and configuration information to a UE, configuration information used in initiating COT; Sun [0037], [0078], [0105], [0158], [0164-0168]: “sidelink COT sharing information includes information associated with a channel access priority class (CAPC)”, associated with CAPC since they are part of the same communication process, association can be to any degree, further the information shared was obtained through configuration information [0079]). Regarding claim 13, Sun teaches The network node of Claim 12 (the limitations of parent claim 12 as indicated above), wherein the configuration information is configured or preconfigured to the UE (Sun [0136] and [0078-0079]: configuration information configured to the UE). Regarding claim 14, Sun teaches The network node of Claim 12 (the limitations of parent claim 12 as indicated above), wherein, based at least in part on the configuration information being associated with the CAPC, the configuration information includes at least one of: a CAPC value for a resource pool on an unlicensed band; a first mapping relationship between one or more traffic priority level values and one or more CAPC values (Sun [0102], [0105], and [0110]: CAPC may determine priority of traffic); a priority level value for the resource pool on the unlicensed band; or a second mapping relationship between the priority level value and one CAPC value. Regarding claim 15, Sun teaches The network node of Claim 12 (the limitations of parent claim 12 as indicated above), wherein, in response to the configuration information being associated with the energy detection operation, the configuration information includes an energy detection threshold for a resource pool on an unlicensed band (Sun [0057], [0130], and [0140]: energy detection, which utilizes a set threshold and operates in an unlicensed band). Regarding claim 16, Sun teaches A processor for wireless communication (Sun fig. 4, [0002], and [0074-0075]: processor for wireless communication), comprising: at least one controller coupled with at least one memory (Sun fig. 4, [0002], and [0074-0075]: controller coupled with memory) and configured to cause the processor to: receive configuration information for initiating a channel occupancy time (COT) (Sun [0079]: receive configuration information for initiating COT (channel occupancy time)), the configuration information associated with at least one of a channel access priority class (CAPC) (Sun [0037], [0078], [0105], [0158], [0164-0168]: “sidelink COT sharing information includes information associated with a channel access priority class (CAPC)”, associated with CAPC since they are part of the same communication process, association can be to any degree, further the information shared was obtained through configuration information [0079]), or an energy detection operation related to the COT; and communicate with a user equipment (UE) over a sidelink (Sun [0007-0010]: first and second UEs communicating over sidelink). Regarding claim 17, Sun teaches The processor of claim 16 (the limitations of parent claim 16 as indicated above), wherein the configuration information is configured or preconfigured (Sun [0136] and [0078-0079]: configuration information configured to the UE). Regarding claim 18, Sun teaches The processor of claim 16 (the limitations of parent claim 16 as indicated above), wherein, based at least in part on the configuration information being associated with the CAPC, the configuration information includes at least one of: a first CAPC value for a resource pool on an unlicensed band; a first mapping relationship between one or more traffic priority level values and one or more CAPC values (Sun [0102], [0105], and [0110]: CAPC may determine priority of traffic); a priority level value for the resource pool on the unlicensed band; or a second mapping relationship between the priority level value and one CAPC value. Regarding claim 19, Sun teaches The processor of claim 18 (the limitations of parent claim 18 as indicated above), wherein the at least one controller is configured to cause the processor to: determine the first CAPC value based on the configuration information (Sun [0128] and [0058]: resources for sidelink communications between UEs is configured by the BS, BS may also directly indicate whether to share certain information; [0037]: UE utilizing the CAPC value); and perform a channel access procedure for initiating the COT based on one or more parameters related to the first CAPC value (Sun [0037], [0133], [0141] and [0102-0103]: channel access priority class (CAPC) used for acquiring the COT, COT information includes information associated with a CAPC). Regarding claim 20, Sun teaches The processor of claim 18 (the limitations of parent claim 18 as indicated above), wherein the at least one controller is configured to cause the processor to: determine a traffic priority level value of the UE (Sun [0102]: priority of traffic); and determine a second CAPC value corresponding to the traffic priority level value based on the first mapping relationship (Sun [0110]: separate CAPC than the CAPC indicated (second CAPC value) corresponding to transmit traffic). Claim Rejections - 35 USC § 103 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. 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sun (Pub. No.: US 2021/0092783 A1) in view of Myung (WO 2021/091306 A1). Regarding claim 9, Sun teaches The UE of Claim 8 (the limitations of parent claim 8 as indicated above), wherein the at least one processor is configured to… Sun does not appear to explicitly teach cause the UE to set a second energy detection threshold to be equal to or less than the first energy detection threshold. However, Myung, in the analogous art of LBT (listen before talk) and COT (channel occupancy time), teaches cause the UE to set a second energy detection threshold to be equal to or less than the first energy detection threshold (Myung pg. 4 paragraphs 3-4 and pg. 3 paragraph 3: first ED (energy detection) threshold may be the second ED threshold (meaning they can be equal)). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sun to incorporate the teachings of Myung and cause the UE to set a second energy detection threshold to be equal to or less than the first energy detection threshold. Doing so would allow for help determining whether or not to allow COT sharing (Myung pg. 2 paragraph 2). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sun (Pub. No.: US 2021/0092783 A1) in view of Myung (WO 2021/091306 A1), further in view of Wu (WO 2022/046441 A1). Regarding claim 10, Sun modified by Myung teaches The UE of Claim 9 (the limitations of parent claim 9 as indicated above), wherein the at least one processor is configured to cause the UE to: … use the COT initiated by the second UE during communicating with the second UE (Sun [0007-0010]: utilizing the COT from the second UE). While Sun modified by Myung does teach LBT type 2, it is not explicit regarding perform a listen-before-talk (LBT) type 2 procedure based on the second energy detection threshold. However, Wu, in the analogous art of sidelink communications and channel access priority, teaches perform a listen-before-talk (LBT) type 2 procedure based on the second energy detection threshold (Wu [0084]: type 2 channel access (cat2 LBT) based on measuring energy); and… It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Sun and Myung to incorporate the teachings of Wu and perform a listen-before-talk (LBT) type 2 procedure based on the second energy detection threshold. Doing so would provide better access for the UEs to transmit on the channel (Wu [0106]). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sun (Pub. No.: US 2021/0092783 A1) in view of Wang (Pub. No.: US 2022/0174733 A1). Regarding claim 6, Sun teaches The UE of Claim 5 (the limitations of parent claim 5 as indicated above), wherein the at least one processor is configured to cause the UE to: determine the first CAPC value based on the configuration information (Sun [0128] and [0058]: resources for sidelink communications between UEs is configured by the BS, BS may also directly indicate whether to share certain information; [0037]: UE utilizing the CAPC value); Sun does not appear to explicitly teach determine a greater CAPC value between the first CAPC value and the second CAPC value; and perform a channel access procedure for initiating the COT based on one or more parameters related to the greater CAPC value. However, Wang, in the analogous art of LBT and channel access, teaches determine a greater CAPC value between the first CAPC value and the second CAPC value (Wang [0148], [0169], [0191], [0211]: determine greater value between first CAPC and second CAPC); and perform a channel access procedure for initiating the COT based on one or more parameters related to the greater CAPC value (Wang [0148], [0169], [0191], [0211]: CAPC value required for initiating the COT). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sun to incorporate the teachings of Wang and determine a greater CAPC value between the first CAPC value and the second CAPC value; and perform a channel access procedure for initiating the COT based on one or more parameters related to the greater CAPC value. Doing so would improve performance of services provided to the UE and reduce power consumption (Wang [0267]). Conclusion The following prior art made of record and not relied upon is as follows: Chen et al. (Pub. No.: US 2023/0300886 A1) discloses type 2 LBT, CAPC associated with sidelink transmissions, and COT determined based on CAPC. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL E CERLANEK whose telephone number is (703)756-1309. The examiner can normally be reached Mon-Fri 8:30am-5:30pm. 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, Charles C Jiang can be reached at (571)270-7191. 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. /R.E.C./Examiner, Art Unit 2412 /CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Oct 25, 2024
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §102, §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
97%
Grant Probability
95%
With Interview (-1.8%)
2y 10m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 71 resolved cases by this examiner. Grant probability derived from career allowance rate.

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