Prosecution Insights
Last updated: October 02, 2026
Application No. 18/903,776

SIDELINK UNLICENSED RESOURCE RESERVATION

Non-Final OA §103
Filed
Oct 01, 2024
Priority
Apr 28, 2022 — provisional 63/336,083 +1 more
Examiner
AHMED, NIZAM U
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
267 granted / 353 resolved
+15.6% vs TC avg
Strong +22% interview lift
Without
With
+22.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
25 currently pending
Career history
374
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
65.2%
+25.2% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 353 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/01/2024 was filed with the instant application for consideration. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 5 and 17 are objected to because of the following informalities: The claim limitation starts with “the” in line 1 which needs to be removed. Appropriate correction is required. 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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. Claims 1-4, 6-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 2024/0015582 A1), hereinafter, “Wu” in view of Yoshioka et al (US 20250097719 A1), hereinafter, “Yoshioka”. Regarding claim 1, Wu discloses: A method (Wu: fig 8, para [0102], where, “an example method 800 of sidelink communication is described with reference to FIGS. 8-11, and the method 800 may be performed by the UE 104”), comprising: performing, by a user equipment (UE) (Wu: fig 1, 4-5, para [0073], where, the UE perform sidelink communication in an unlicensed spectrum), a first type of sensing in a sensing window to detect first one or more sidelink (SL) transmissions in an unlicensed band using an SL radio access technology (RAT) (Wu: fig 1 and 4-5, para [0073] and para [0096], where, the UE perform sidelink communication in an unlicensed spectrum, where, a first type of resources or slots occupied with sidelink transmissions); performing, by the UE, a second type of sensing to detect second one or more transmissions in the unlicensed band using a non-SL RAT different from the SL RAT, the second type being different from the first type (Wu: fig 2 and 4-5, para [0096], where, the UE perform non-sidelink communication called a second type of resources or slots occupied with non-sidelink transmissions e.g., RATs such as Wi-Fi); selecting, by the UE, an SL resource in the unlicensed band in a selection window for an SL transmission based on the first type of sensing (Wu: fig 2 and 4-5, para [0037] and para [0073], where, the UE perform a first type of resources sidelink communication in an unlicensed band in measurement window, fig 8, steps 802-808, para [0103]-[0104]) and the second type of sensing (Wu: fig 2 and 4-5, para [0037] and para [0096], where, the UE perform a second type of resources non-sidelink communication where a second type of resources or slots occupied with non-sidelink transmissions e.g., RATs such as Wi-Fi in a selection/measurement window, fig 8, steps 802-808, para [0103]-[0104]); and Wu does not explicitly teach: transmitting, by the UE, the SL transmission via the SL resource using the SL RAT. Yoshioka teaches: transmitting, by the UE, the SL transmission via the SL resource using the SL RAT (Yoshioka: para [0010], where, “a transmission mode in which a terminal autonomously determines a resource used for transmission is supported in the sidelink of a RAT (Radio Access Technology)”). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “transmitting, by the UE, the SL transmission via the SL resource using the SL RAT” as taught by Yoshioka into Wu in order to avoid a collision (Yoshioka: para [0142]). Regarding claims 14 and 18, the claim includes features identical to the subject matter mentioned in the rejection to claim 1 above. The claims are mere reformulation of claim 1 in order to define the corresponding sidelink communication processing apparatus, and the rejection to claim 1 is applied hereto. Additionally, the claim includes non-transitory storage medium, a memory and a processor. However, Wu discloses the memory and the processor (Wu: para [0136]). Regarding claims 2, 15 and 19, Wu modified by Yoshioka disclose: wherein the non-SL RAT comprises a wireless fidelity (WiFi) RAT (Wu: fig 6, para [0096], where, “a second type of resources or slots occupied with non-sidelink transmissions (e.g., RATs such as Wi-Fi)”). Regarding claims 3, 16 and 20, Wu modified by Yoshioka disclose: the performing the first type of sensing comprising: receiving, by the UE, a sidelink control information (SCI) (Yoshioka: fig 2-4, para [0079], where, “The terminal 20B receives the SCI (PSCCH and/or PSSCH) and the SL data (PSSCH) transmitted from the terminal 20A”); decoding, by the UE, the SCI (Wu: para [0095], where, “the sidelink congestion control component 198 may detect a V2X slot by SCI decoding and/or energy detection”); and measuring, by the UE, a reference signal received power (RSRP) based on the SCI to determine first one or more occupied resources in the unlicensed band (Yoshioka: fig 14, para [0102], where, “In a case where an SCI is detected in the sensing window and the RSRP (Reference Signal Received Power) exceeds a threshold value”). Regarding claim 4, Wu modified by Yoshioka disclose: The method of claim 3, further comprising: excluding, by the UE, the first one or more occupied resources from a set of resources used for candidate selection (Yoshioka: fig 14, para [0103], where, “a resource in the resource selection window that is a candidate of resource reservation information corresponding to a resource that is not monitored in the sensing window due to transmission, such as the slot t.sub.m.sup.SL shown in FIG. 14, is excluded”). Regarding claim 6, Wu modified by Yoshioka disclose: The method of claim 5, further comprising: excluding, by the UE, the second one or more occupied resources from a set of resources used for candidate selection based on the second type of sensing (Yoshioka: fig 13, para [0098], where, “the “beginning of a slot” and the “ending of a slot” may respectively mean a first symbol and a last symbol in 12 symbols in which the original first symbol and the original last symbol are excluded. In an example shown in FIG. 13, three sub-channels are configured in a resource pool, and two PSFCHs are arranged in a slot three slots after a slot in which PSSCH is arranged. Arrows from PSSCH to PSFCH indicate an example of PSFCH associated with PSSCH”). Regarding claim 7, Wu modified by Yoshioka disclose: The method of claim 5, the measuring the received RSSI (Wu: para [0034], where, “A SL Channel Busy Ratio (SL CBR) measured in slot n”), comprising: measuring, by the UE, the received RSSI in at least one symbol in an SL slot or in a fraction of time of each of the at least one symbol in the SL slot (Wu: para [0034], where, “he portion of sub-channels in the resource pool whose sidelink (SL) received signal strength indicator (RSSI) (SL RSSI) measured by the UE exceeds a pre-configured threshold sensed over a CBR measurement window [n−a, n−1]”). Regarding claim 8, Wu modified by Yoshioka disclosed: The method of claim 1, wherein the selection window is no earlier than a listen before talk (LBT) duration of a LBT procedure (Wu: para [0031], where, “one of the requirements may be listen-before-talk (LBT), e.g., a device may transmit only if the channel is sensed to be free (e.g., energy measured in the channel is below an energy threshold, referred to as energy-detection based channel sensing)”). Regarding claim 9, Wu modified by Yoshioka disclose: The method of claim 1, further comprising: determining by the UE, possible future resources that are available to be occupied based on the first type of sensing and the second type of sensing (Yoshioka: para [0141], where, “the terminals decode signals from each other, detect the future resource use, and perform a collision-avoiding operation”); and excluding, by the UE, the possible future resources from a set of resources used for candidate selection (Yoshioka: fig 13, para [0098], where, “the “beginning of a slot” and the “ending of a slot” may respectively mean a first symbol and a last symbol in 12 symbols in which the original first symbol and the original last symbol are excluded. In an example shown in FIG. 13, three sub-channels are configured in a resource pool, and two PSFCHs are arranged in a slot three slots after a slot in which PSSCH is arranged. Arrows from PSSCH to PSFCH indicate an example of PSFCH associated with PSSCH”). Regarding claims 10 and 11, Wu modified by Yoshioka disclose: The method of claim 1, further comprising: determining, by the UE (Wu: para [0036], where, “The procedures at the UE for transmission of PSSCH in unlicensed spectrum can include determining non-sidelink occupied resources or non-sidelink occupied slots in a measurement window (e.g., a CBR measurement window)”), a channel access busy ratio (CABR) corresponding to a portion of SL sub-channels occupied by the first one or more SL transmissions only or by the second one or more transmissions only in a SL resource pool; and performing, by the UE, SL congestion control based on the CABR (Wu: para [0039], where, “The sidelink congestion control component 198 may include a sidelink resource determination component 240 for determining sidelink and non-sidelink occupied resources or non-sidelink occupied slots in a measurement window (e.g., a CBR measurement window)”). Regarding claim 12, Wu modified by Yoshioka disclose: The method of claim 1, further comprising: collecting, by the UE, statistics of an availability of one or more resources in the unlicensed band occupied by a RAT transmission (Wu: para [0007], where, “identifying a number of non-sidelink occupied resources in a measurement window having a total number of resources in an unlicensed spectrum”), a result of the statistics being used for selecting at least one of a preferred resource or a non-preferred resource to be used in an Inter UE Coordination (IUC) process (Yoshioka: para [0120], where, “in NR Release 17 Sidelink, an operation using inter-terminal coordination (inter-UE coordination) as a baseline is being discussed. For example, the terminal 20A may share information indicating a resource set with the terminal 20B, and the terminal 20B may take into account this information in selecting resources for transmission”). Regarding claim 13, Wu modified by Yoshioka disclose: The method of claim 12, further comprising: collecting, by the UE, an RSRP for one or more symbols of the sensing window (Wu: fig 12, para [0137], where, “may obtain measurements of the signals, such as, but not limited to, Ec/Io, signal-to-noise ratio (SNR), reference signal received power (RSRP), received signal strength indicator (RSSI)”); and decoding, by the UE, an SCI (Yoshioka: fig 10, para [0078]-[0079], “In step S102 and step S103, the terminal 20A transmits, using the resource autonomously selected in step S101. SCI (Sidelink Control Information) via PSCCH and/or PSSCH and transmits SL data via PSSCH”), wherein the collecting the statistics of the availability of the one or more resources is performed when the UE fails to decode the SCI and an RSSI is larger than a threshold (Yoshioka: fig 17, para [0117], where, “the RSSI of each resource in the S.sub.A may be measured and the resource with the lowest RSSI may be added to the set S.sub.B. The operation of adding the resource with the lowest RSSI included in the S.sub.A to the S.sub.B may be repeated until the set S.sub.B of resource candidates becomes equal to or greater than 20% of the resource selection window”). Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 2024/0015582 A1), hereinafter, “Wu” in view of Yoshioka et al (US 20250097719 A1), hereinafter, “Yoshioka” further in view of Pao et al (US 2018/0035438 A1), hereinafter, “Pao”. Regarding claims 5 and 17, Wu modified by Yoshioka disclose: the performing the second type of sensing comprising: detecting, by the UE (Wu: fig 2 and 4-5, para [0037] and para [0096], where, the UE perform a second type of resources non-sidelink communication where a second type of resources or slots occupied with non-sidelink transmissions e.g., RATs such as Wi-Fi in a selection/measurement window); performing, by the UE, a clear channel assessment (CCA) procedure (Wu: fig 2, para [0044], where, “When communicating in an unlicensed frequency spectrum, the STAs 152/AP 150 may perform a clear channel assessment (CCA) prior to communicating in order to determine whether the channel is available”); and neither Wu nor Yoshioka explicitly teach: a decoding failure during the performing the first type of sensing ; measuring, by the UE, a received signal strength indicator (RSSI) during the CCA procedure to identify second one or more occupied resources in the unlicensed band sensed by the second type of sensing. Pao teaches: a decoding failure during the performing the first type of sensing (Pao: para [0067], a decoding error equivalent to “decoding failure” is detected); measuring, by the UE, a received signal strength indicator (RSSI) during the CCA procedure to identify second one or more occupied resources in the unlicensed band sensed by the second type of sensing (Pao: para [0067], “For the event ‘Busy Medium’ which could also indicate ‘bad channel condition’ or “WLAN resource”, such event could be determined at least from received signal strength indication (RSSI) in dBm, WLAN RSSI, a comparison of RSSI or channel occupancy rate (referring to LAA), data/decoding error rate, (MCS), CCA failure rate (the number of measured RSSI over a threshold within a time window), interference level, WLAN resource (e.g., hardware problem, sharing or occupancy)”). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “a decoding failure during the performing the first type of sensing ; measuring, by the UE, a received signal strength indicator (RSSI) during the CCA procedure to identify second one or more occupied resources in the unlicensed band sensed by the second type of sensing” as taught by Pao into the system of Wu and Yoshiko in order to provide suitable configuration to the UE (Pao: para [0104]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAM U AHMED whose telephone number is (571)272-9561. The examiner can normally be reached Mon-Fry, 7:00 AM-6:00 PM PST. 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, Huy Vu can be reached at 571-272-3155. 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. /NIZAM U AHMED/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Oct 01, 2024
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
98%
With Interview (+22.5%)
3y 2m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 353 resolved cases by this examiner. Grant probability derived from career allowance rate.

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