Prosecution Insights
Last updated: October 02, 2026
Application No. 18/873,197

METHOD AND DEVICE FOR RESOURCE SELECTION OPERATION OF TRANSMISSION TERMINAL IN CONSIDERATION OF COT IN SL-U

Non-Final OA §102§103
Filed
Dec 09, 2024
Priority
Jul 04, 2022 — RE 10-2022-0081754 +2 more
Examiner
LO, DIANE LEE
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
865 granted / 966 resolved
+29.5% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
26 currently pending
Career history
980
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
56.0%
+16.0% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 966 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 is response to Application 18/873,197 filed on 12/09/2024 in which claims 1-15 and 21-25 are presented for examination. Allowable Subject Matter Claims 7, 12 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 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, 8-11, 14, 15 and 21-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xue et al. (US 2022/0061095 A1). 1. Regarding claim 1, Xue teaches a method for performing wireless communication by a first device (Fig. 3A), the method comprising: obtaining a first channel occupancy time (COT) (Paragraphs [0047] and [0090] COT); triggering a resource selection (Paragraph [0090] resource selection trigger); determining a selection window based on the resource selection being triggered; and triggering a generation of a second COT, based on a number of candidate resources included in a time duration with which the first COT and the selection window are overlapped being less than a threshold (Paragraph [0090] continuously apply screening and/or filtering on candidate resources; overlaps). 2. Regarding claim 14, Xue teaches a first device (Fig. 14) adapted to perform wireless communication, the first device comprising: at least one transceiver; at least one processor; and at least one memory connected to the at least one processor and storing instructions that, based on being executed, cause the first device to perform operations comprising: obtaining a first channel occupancy time (COT) (Paragraphs [0047] and [0090] COT); triggering a resource selection (Paragraph [0090] resource selection trigger); determining a selection window based on the resource selection being triggered; and triggering a generation of a second COT, based on a number of candidate resources included in a time duration with which the first COT and the selection window are overlapped being less than a threshold (Paragraph [0090] continuously apply screening and/or filtering on candidate resources; overlaps). 3. Regarding claim 15, Xue teaches a processing device (Fig 13 and 14) adapted to control a first device to perform wireless communication, the processing device comprising: at least one processor; and at least one memory connected to the at least one processor and storing instructions that, based on being executed, cause the at least one processor to perform operations comprising: obtaining a first channel occupancy time (COT) (Paragraphs [0047] and [0090] COT); triggering a resource selection (Paragraph [0090] resource selection trigger); determining a selection window based on the resource selection being triggered; and triggering a generation of a second COT, based on a number of candidate resources included in a time duration with which the first COT and the selection window are overlapped being less than a threshold (Paragraph [0090] continuously apply screening and/or filtering on candidate resources; overlaps). 4. Regarding claims 2, 21 and 24, Xue teaches wherein the first COT is generated basedon a listen before talk (LBT) of the first device, or information related to the first COT is received from a second device (Xue, Fig. 15). 5. Regarding claim 3, Xue teaches further comprising: performing a LBT based on the generation of the second COT being triggered; and generating the second COT based on the LBT (Paragraph [0090] continuously apply screening and/or filtering on candidate resources). 6. Regarding claims 4 and 23, Xue teaches, further comprising: transmitting, to a second device, information requesting the second COT based on the generation of the second COT being triggered (Paragraphs [0041] and [0043] trigger; based on past sensing results). 7. Regarding claim 5, Xue teaches, wherein the information requesting the second COT is transmitted through sidelink control information (SCI) (Paragraphs [0041] and [0043] trigger; based on past sensing results; decoded SCI). 8. Regarding claim 8, Xue teaches, further comprising: obtaining the second COT based on the generation of the second COT being triggered; determining a candidate resource set in the selection window, based on sensing; and selecting a first sidelink (SL) transmission resource within the second COT in the selection window, among the candidate resource set (Paragraph [0090] continuously apply screening and/or filtering on candidate resources). 9. Regarding claim 9, Xue teaches, wherein the candidate resource set is determined in a time duration with which the selection window and the second COT are overlapped (Paragraph [0090] continuously apply screening and/or filtering on candidate resources; overlaps). 10. Regarding claim 10, Xue teaches wherein a second SL transmission resource is selected outside the second COT in the selection window, among the candidate resource set (Xue, Fig. 12A resource reevalulation and updated resource report). 11. Regarding claims 11, 22 and 25, Xue teaches, wherein the selection window is determined within the first COT, based on an ending time of the first COT being earlier than a minimum threshold time of the selection window (Xue Paragraph [0046] resource selection window; end early). 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. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Xue et al. (US 2022/0061095 A1) in view of Hu et al. (US 2023/0087110 A1) 12. Regarding claim 6, Xue does not explicitly disclose, wherein the information requesting the second COT is transmitted through medium access control (MAC) control element (CE). Hu teaches wherein the information requesting the second COT is transmitted through medium access control (MAC) control element (CE) (Hu, Paragraph [0055] MAC CE). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the information requesting the second COT is transmitted through medium access control (MAC) control element (CE) as taught by Hu in the system of Xue for resource allocation for sidelink communications see abstract and title of Hu. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Deng et al. (US 2025/0142595 A1) Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE LEE LO whose telephone number is (571)270-1952. The examiner can normally be reached Monday - Friday 8 am - 5 pm. 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, Faruk Hamza can be reached at (571)272-7969. 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. /DIANE L LO/Primary Examiner, Art Unit 2466
Read full office action

Prosecution Timeline

Dec 09, 2024
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+7.3%)
2y 1m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 966 resolved cases by this examiner. Grant probability derived from career allowance rate.

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