Prosecution Insights
Last updated: August 17, 2026
Application No. 19/250,990

Sidelink and Uplink Prioritization

Non-Final OA §103
Filed
Jun 26, 2025
Priority
Dec 28, 2022 — provisional 63/435,780 +2 more
Examiner
WEI, SIREN
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Ofinno LLC
OA Round
3 (Non-Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
1y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
448 granted / 515 resolved
+29.0% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
14 currently pending
Career history
534
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
63.1%
+23.1% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 515 resolved cases

Office Action

§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 Claims 1-6, 8-13, 15-19, 21-23 are pending. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/23/26 has been entered. Response to Arguments Applicant’s arguments with respect to independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically the amendments substantially change the scope of the claimed subject matter and necessitate new grounds of rejection with new citations of prior art. Rejections for similar independent and dependent claims are revised and/or maintained accordingly. 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 of this title, 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 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. Claim 1-6, 8-13, 15-19, 21-23 rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2022/0159725) in view of Huang et al. (US 2024/0163904) in view of Yang et al. (US 2022/0386315) in view of Sun et al. (US 2021/0092783). For claim 1, Liu teaches: A first wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors (see at least fig. 2, UE and BS may comprise processor/memory), cause the first wireless device to: receive, from a second wireless device, a sidelink control information (SCI) comprising a channel occupancy time (COT) sharing indication that indicates a COT with a duration starting from a first slot, wherein the COT is initiated using a first type of channel access procedure (see at least 0097, an initiating UE may perform cat 4 LBT to secure a COT (fig. 4, 7, COT comprises resource blocks/slots); the initiating UE may transmit SCI including COT-sharing information to other UEs. See at least 0109, COT-SI may comprise COT start/end)); transmit the sidelink transmission within the COT using a second type of channel access procedure (see at least 0097-0099, a UE may use received COT-SI to perform transmission within the shared COT after a shorter cat 1 or cat 2 LBT). Liu does not explicitly teach: …receive a radio resource control (RRC) message comprising a first configuration parameter indicating a sidelink priority threshold value; or: …determine simultaneous transmissions scheduled in a carrier and within the COT, wherein the simultaneous transmissions comprise: an uplink transmission on an uplink; and a sidelink transmission, of a multi-consecutive slots transmission (MCSt), on a sidelink; determine to transmit the sidelink transmission based on: the first wireless device not being capable of the simultaneous transmissions on the uplink and on the sidelink in the carrier; and a priority value of the sidelink transmission being smaller than the sidelink priority threshold value. Huang from an analogous art teaches (see at least 0626, UE may select SL resources in a COT for performing MCSt), Yang from an analogous art teaches (see at least 0070, “The UE may perform a prioritization procedure when transmitting the CSI report results in a collision with another transmission. That is, if the UE is not configured to both transmit the CSI report and communicate via the other transmission, the UE may determine which transmission to drop and which transmission to maintain.” See at least 0073, UE may be configured with RRC parameters including sl-PriorityThresholdULURLLC and sl-PriorityThreshold; the UE may prioritize between sidelink and uplink transmissions using the priority thresholds e.g. a sidelink transmission with priority value smaller than sl-PriorityThresholdULURLLC may be prioritized over an uplink transmission). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Huang, Yang to the system of Liu, so the UE receives priority thresholds via RRC including sl-PriorityThresholdULURLLC, and if it is not configured (not capable) to transmit colliding (simultaneous) transmissions, performs prioritization between uplink and sidelink COT transmissions (e.g. MCSt, as suggested by Huang) based on the priority threshold, including prioritizing the sidelink transmission if its priority is smaller than the priority threshold, as suggested by Yang. The motivation would have been to enhance communications by implementing sidelink MCSt for multiple TBs, and prioritizing an appropriate uplink or sidelink transmission in the COT based on configured thresholds (Huang 0626, Yang 0073). Liu does not explicitly teach: …wherein the sidelink transmission is based on a channel access priority class value, for sidelink unlicensed operation, received from the second wireless device. Sun from an analogous art teaches (see at least 0102-0103, 0141, an initiating UE 615a may initiate COT with a certain CAPC, and include the CAPC in COT sharing information; a responding UE 615c may use the shared COT for sidelink traffic with the same or lower CAPC). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Sun to the system of Liu, Huang, Yang, so the UE receives a CAPC from the COT initiator (second wireless device), and performs sidelink transmission according to the CAPC value, as suggested by Sun. The motivation would have been to enhance communications by transmitting appropriate priority traffic in shared COT (Sun 0102-0103, 0141). For claim 2, Liu, Huang, Yang, Sun teaches claim 1, Yang further teaches: wherein the uplink transmission comprises: a physical uplink shared channel (PUSCH) with priority index 1; or a physical uplink control channel (PUCCH) with priority index 1 (see at least 0073-0075, UL transmission may have a priority index 1; UL transmissions may be on PUCCH, PUSCH, PRACH, etc.). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Yang to the system of claim 1, so the UE performs prioritization between uplink and sidelink COT transmissions, including uplink transmissions on PUCCH or PUSCH with priority index 1, as suggested by Yang. The motivation would have been to enhance communications by prioritizing an appropriate uplink or sidelink transmission including PUCCH/PUSCH uplink transmissions (Yang 0073-0075). For claim 3, Liu, Huang, Yang, Sun teaches claim 1, Huang further teaches: wherein the first type of channel access procedure comprises deferring a time duration for channel sensing one or more times (see at least 0471, UE may perform type 1 channel access procedure to initiate COT (0378, Type 1 is CAT4 LBT). See at least 0360-0367, type 1 channel access comprises defer durations for sensing). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Huang to the system of claim 1, so the CAT 4 LBT for initiating COT comprises defer durations, as suggested by Huang. The motivation would have been to enhance communications by implementing well known CAT 4 LBT with defer duration for sensing (Huang 0360-0367). For claim 4, Liu, Huang, Yang, Sun teaches claim 1, Liu further teaches: wherein the second type of channel access procedure comprises a sensing slot of 25 microseconds (see at least 0058, cat 2 LBT comprises 25-μs LBT). For claim 5, Liu, Huang, Yang, Sun teaches claim 1, Huang further teaches: wherein the MCSt comprises a plurality of sidelink transmissions, and wherein: the plurality of sidelink transmissions comprises the sidelink transmission; and each sidelink transmission of the plurality of sidelink transmissions comprises a respective physical sidelink shared channel (PSSCH) (see at least Abstract, 0511-0512, MCSt may comprise sidelink transmission(s) in a plurality of slots, including one or more PSSCH transmissions on multi-slot resources). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Huang to the system of claim 1, so the MCSt comprises sidelink PSSCH transmissions over a plurality of slots, as suggested by Huang. The motivation would have been to enhance communications by implementing well known MCSt for sidelink channels including PSSCH (Huang Abstract, 0511-0512). For claim 6, Liu, Huang, Yang, Sun teaches claim 1, Liu further teaches: …and the sidelink transmission comprises at least one of PSSCH or PSCCH (see at least 0087, sidelink communications may comprise PSCCH or PSSCH), Yang further teaches: wherein: determining to transmit the sidelink transmission is based on the sidelink transmission having a higher priority than the uplink transmission (see at least 0073, the UE may prioritize between sidelink and uplink transmissions using the priority thresholds e.g. a sidelink transmission with priority value smaller than sl-PriorityThresholdULURLLC may be prioritized over an uplink transmission). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Yang to the system of claim 1, so the UE performs prioritization between uplink and sidelink COT transmissions based on the priority threshold, including prioritizing the sidelink transmission over the uplink, as suggested by Yang. The motivation would have been to enhance communications by prioritizing an appropriate uplink or sidelink transmission in the COT based on configured thresholds (Yang 0073). Claim 8 recites a method substantially similar to the method of claim 1 and is rejected under similar reasoning. Claim 9 recites a method substantially similar to the method of claim 2 and is rejected under similar reasoning. Claim 10 recites a method substantially similar to the method of claim 3 and is rejected under similar reasoning. Claim 11 recites a method substantially similar to the method of claim 4 and is rejected under similar reasoning. Claim 12 recites a method substantially similar to the method of claim 5 and is rejected under similar reasoning. Claim 13 recites a method substantially similar to the method of claim 6 and is rejected under similar reasoning. Claim 15 recites a non-transitory computer-readable medium substantially similar to the method of claim 1 and is rejected under similar reasoning. Claim 16 recites a non-transitory computer-readable medium substantially similar to the method of claim 2 and is rejected under similar reasoning. Claim 17 recites a non-transitory computer-readable medium substantially similar to the method of claim 3 and is rejected under similar reasoning. For claim 18, Liu, Huang, Yang, Sun teaches claim 15, Liu further teaches: wherein the second type of channel access procedure comprises a sensing slot of 25 microseconds (see at least 0058, cat 2 LBT comprises 25-μs LBT), Yang further teaches: and determining to transmit the sidelink transmission is based on the sidelink transmission having a higher priority than the uplink transmission (see at least 0073, the UE may prioritize between sidelink and uplink transmissions using the priority thresholds e.g. a sidelink transmission with priority value smaller than sl-PriorityThresholdULURLLC may be prioritized over an uplink transmission). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Yang to the system of claim 15, so the UE performs prioritization between uplink and sidelink COT transmissions based on the priority threshold, including prioritizing the sidelink transmission over the uplink, as suggested by Yang. The motivation would have been to enhance communications by prioritizing an appropriate uplink or sidelink transmission in the COT based on configured thresholds (Yang 0073). Claim 19 recites a non-transitory computer-readable medium substantially similar to the method of claim 5 and is rejected under similar reasoning. For claim 21, Liu, Huang, Yang, Sun teaches claim 1, Sun further teaches: wherein a channel access priority class value associated with the sidelink transmission is at most equal to the channel access priority class value received from the second wireless device (see at least 0102-0103, 0141, an initiating UE 615a may initiate COT with a certain CAPC, and include the CAPC in COT sharing information; a responding UE 615c may use the shared COT for sidelink traffic with the same or lower CAPC). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate Sun to the system of claim 1, so the UE performs sidelink transmission according to the traffic having same or lower CAPC value, as suggested by Sun. The motivation would have been to enhance communications by transmitting appropriate priority traffic in shared COT (Sun 0102-0103, 0141). Claim 22 recites a method substantially similar to the method of claim 21 and is rejected under similar reasoning. Claim 23 recites a non-transitory computer-readable medium substantially similar to the method of claim 21 and is rejected under similar reasoning. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. (US 2026/0107330) discloses a method and device for performing sidelink communication in unlicensed band. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIREN WEI whose telephone number is (571)272-0687. The examiner can normally be reached on Monday - Thursday 7-4. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on 571-272-3940. The fax phone 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. /Siren Wei/ Patent Examiner Art Unit 2467
Read full office action

Prosecution Timeline

Jun 26, 2025
Application Filed
Aug 12, 2025
Non-Final Rejection mailed — §103
Dec 10, 2025
Response Filed
Dec 23, 2025
Final Rejection mailed — §103
Apr 23, 2026
Request for Continued Examination
May 02, 2026
Response after Non-Final Action
Jun 10, 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

3-4
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+12.5%)
2y 5m (~1y 3m remaining)
Median Time to Grant
High
PTA Risk
Based on 515 resolved cases by this examiner. Grant probability derived from career allowance rate.

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