DETAILED ACTION
Status of Claims
Claims 1-3, 5-9, 11-19, 22, 25-32, 45-50 are pending.
Priority
Applicant’s claim for the benefit of a prior-filed application filed in PCT CN 2020093661 on 06/01/2020 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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 1-3, 5-9, 11-19, 22, 25-32, 45-50 are rejected under 35 U.S.C. 103 as being unpatentable by Bengtsson (WO 2019233830) in view of Badic (US 10812125).
Regarding Claims 1, 19, Bengtsson teaches the following limitations:
A method of wireless communication at a user equipment (UE), comprising: (Bengtsson – [pg. 2 para. 3])
a memory storing computer-executable instructions; and at least one processor coupled with the memory and configured to execute the computer- executable instructions (Bengtsson – [pg. 2 para. 4])
connecting to a base station via a radio access technology (RAT); (Bengtsson – [pg. 9 para. 3], [pg. 7 para. 4] a 3GPP NR 5G cellular network can be used. Here, a mm-wave frequency band can be used for the wireless communication. Hereinafter, primarily techniques of wirelessly communicating between a UE and a base station (BS) of a communication system implemented by a cellular network are described.
receiving sensing information from the base station, the sensing information including a power level selected by the base station to limit interference during a wireless sensing event using the RAT; and (Bengtsson – [pg. 7 para. 8] As a further general rule, beamforming may be implemented in uplink (UL) and/or in downlink (DL). [pg. 8 para. 9] there may be DL control signaling by means of which the BS can restrict one or more operational parameters of the UE performing the radar probing, e.g., in case interference in the cell increases. Corresponding radar-probing constraints may include one or more of: a transmit power restriction; restricted directions as part of a spatial restriction; a timing restriction; a frequency band restriction; etc. [pg. 9 para. 2] to set a transmit power of the radar probing based on the spectral power level. For example, if it is judged that one or more other UEs are in close vicinity - due to a high spectral power level - then the transmit power may be appropriately adjusted, e.g., lowered.)
determining a priority level of the wireless sensing event; and performing the wireless sensing event based on the priority level at a second power level greater than the first power level in response to the determined power level of the wireless sensing event is for a high priority application. (Bengtsson – [pg. 7 para. 8], [pg. 8 para. 9], [pg. 9 para. 2] Bengtsson does not explicitly teach “at a second power level greater than the first power level”.)
Bengtsson does not explicitly teach the following limitations, however Badic, in the same field of endeavor, teaches:
at a second power level greater than the first power level (Badic – [col. 41 ln. 27-39] In other words, controller 2412 may assign the higher-priority data packet to the high exposure power limit window and the lower-priority data packet to the low exposure power limit window. This means that, when terminal device 2400 transmits the first and second data packets, the first data packet will likely have a higher transmit power than the second data packet (e.g., the uplink transmit power will be larger, and will have a larger power margin during the high exposure power limit window). This may be advantageous because the first data packet has higher priority and can be transmitted with higher transmit power, increasing the probability that the network access node will successfully receive and decode it.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the transmissions of Bengtsson with the higher/lower priority associated with higher/lower transmit power of a transmission of Badic in order to increase the probability that the network access node will successfully receive and decode the transmission (Badic – [col. 41 ln. 27-39]).
Regarding Claim 2, Bengtsson further teaches:
wherein the performing the wireless sensing event further comprises: performing the wireless sensing event (Bengtsson – [pg. 8 para. 9])
Bengtsson does not explicitly teach the following limitations, however Badic, in the same field of endeavor, teaches:
based on the priority level at the second power level equal to or less than the first power level in response to the determine power level of the wireless sending event is not for a high priority application. (Badic – [col. 41 ln. 27-39])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the transmissions of Bengtsson with the higher/lower priority associated with higher/lower transmit power of a transmission of Badic in order to increase the probability that the network access node will successfully receive and decode the transmission (Badic – [col. 41 ln. 27-39]).
Regarding Claim 3, Bengtsson further teaches:
wherein performing the wireless sensing event comprises: (Bengtsson – [pg. 8 para. 9])
identifying a context of the wireless sensing event; (Bengtsson – [pg. 7 para. 3] Radar probing may be employed for object detection and/or positioning use cases. Radar probing may include transmission of radar signals, e.g., pulsed or continuous radio waves, from a wireless communication device such as a UE… selected from the group comprising: a phase offset; a time-of-flight; an amplitude; a path loss; a frequency shift; an angle of arrival; and a polarization. Thereby, a distance, and/or a size, and/or a speed, and/or a direction of movement, and/or an acceleration of an object providing the reflection can be determined.)
determining that the power level corresponds to the context; and (Bengtsson – [pg. 9 para. 2])
performing, via the RAT at the power level, the wireless sensing event. (Bengtsson – [pg. 8 para. 9], [pg. 7 para. 2] A coupling between components may also be established over a wireless connection. Functional blocks may be implemented in hardware, firmware, software, or a combination thereof. Hereinafter, techniques that facilitate coexistence between radar probing and communication on a wireless link (wireless communication) are described. Specifically, the techniques described herein facilitate a UE to implement, both, radar probing and wireless communication. [pg. 7 para. 5] For cost and size reasons, it may be advantageous to re-use the same hardware for radar probing and wireless communication.
Regarding Claim 5, Bengtsson further teaches:
further comprising sending a request for the power level to the base station, and (Bengtsson – [pg. 8 para. 9])
wherein receiving the sensing information from the base station comprises: (Bengtsson – [pg. 8 para. 9])
receiving a sensing event grant including resource information for performance of the wireless sensing event. (Bengtsson – [pg. 8 para. 9])
Regarding Claim 6, Bengtsson further teaches:
further comprising: determining a context of the wireless sensing event; and (Bengtsson [pg. 7 para. 3])
sending a request for the power level to the base station, (Bengtsson – [pg. 8 para. 9], [pg. 10 para. 10]First, at optional block 2001, it is checked whether the wireless communication device is clear to perform radar probing.)
the request including a context identifier identifying the context of the wireless sensing event. (Bengtsson – [pg. 8 para. 3] a codebook (CB) operational mode. The CB operational mode may determine a beam by selecting a given beam from a plurality of predefined candidate beams. As such, the CB operational mode may determine associated values for the antenna weights from a plurality of predefined candidate values of the antenna weights. [pg. 8 para. 2] According to various examples, at least one beam sweep may be employed to determine one or more beams that have a high beamforming gain... Based on a receive property of pilot signals, it is then possible to identify the appropriate beam… Pairs of beams providing good beamforming gain can then be selected for the wireless communication.)
Regarding Claim 7, Bengtsson further teaches:
wherein sending the request for the power level comprises sending the context identifier identifying at least one of a room scale sensing context, a short range sensing context, or a user activity context. (Bengtsson – [pg. 8 para. 3])
Regarding Claim 8, Bengtsson further teaches:
further comprising: sending, to the base station, a request for a sensing grant at a second power level; and (Bengtsson – [pg. 8 para. 9])
receiving, from the base station based on the second power level, a rejection of the request for the sensing grant. (Bengtsson – [pg. 8 para. 9], [pg. 10 para. 10])
Regarding Claim 9, Bengtsson further teaches:
receiving, based on the rejection, a third power level from the base station. (Bengtsson – [pg. 8 para. 9], [pg. 10 para. 10])
Regarding Claim 11, Bengtsson further teaches:
wherein receiving the sensing information comprises receiving a reference power level assigned to uplink communications to the base station. (Bengtsson – [pg. 7 para. 8], [pg. 8 para. 9])
Regarding Claim 12, Bengtsson further teaches:
further comprising: determining an actual power level as a percentage of the reference power level; and (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 2])
performing the wireless sensing event at the actual power level. (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 2])
Regarding Claim 13, Bengtsson further teaches:
wherein receiving the sensing information from the base station comprises (Bengtsson – [pg. 8 para. 9])
receiving the sensing information in a service traffic communication. (Bengtsson – [pg. 7 para. 4])
Regarding Claim 14, Bengtsson further teaches:
wherein receiving the sensing information from the base station comprises (Bengtsson – [pg. 8 para. 9])
receiving the sensing information in a Radio Resource Control (RRC) communication. (Bengtsson – [pg. 7 para. 4])
Regarding Claim 15, Bengtsson further teaches:
wherein the UE is a first UE, (Bengtsson – [pg. 8 para. 9])
the wireless sensing event is a first wireless sensing event, and further comprising: (Bengtsson – [pg. 8 para. 9])
receive a resource identifier associated with a second wireless sensing event by a second UE; (Bengtsson – [pg. 9 para. 4] employed for mitigating interference between multiple UEs communicating on the wireless link)
determining a received power from the second UE based on the resource identifier; and (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 4])
sending the received power to the base station, (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 4])
the base station using the received power to determine a sensing grant for the second UE. (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 4])
Regarding Claim 16, Bengtsson further teaches:
wherein the base station is a 5G NR gNB. (Bengtsson – [pg. 7 para. 4])
Regarding Claim 17, Bengtsson further teaches:
wherein the RAT is a 5G NR RAT or a THz RAT. (Bengtsson – [pg. 7 para. 4])
Regarding Claim 18, Bengtsson further teaches:
wherein performing the wireless sensing event comprises: (Bengtsson – [pg. 8 para. 9])
transmitting wideband radar signals with a pre-defined waveform; and (Bengtsson – [pg. 7 para. 3], [pg. 7 para. 7] To implement beamforming, an antenna panel can implement phase-coherent transmission in accordance with certain values determined for antenna weights of multiple antenna elements of the antenna panel, thereby creating a transmission directivity.)
detecting reflected signals corresponding to the wideband radar signals. (Bengtsson – [pg. 7 para. 3], [pg. 4 para. 4] beam sweep may be performed in a wider bandwidth than the one intended for wireless communication; this may allow a wider bandwidth of the radar probing,)
Regarding Claim 22, 32, Bengtsson teaches the following limitations:
A method of wireless communication at a base station, comprising: (Bengtsson – [pg. 2 para. 3])
a memory storing computer-executable instructions; and at least one processor coupled with the memory and configured to execute the computer- executable instructions to: (Bengtsson – [pg. 2 para. 4])
establishing a connection with a user equipment (UE) via a radio access technology (RAT); (Bengtsson – [pg. 8 para. 9])
receiving, from the UE, a request for sensing information, the request including a context identifier identifying an application for the wireless sensing event or the request identifying a proposed power level for the wireless sensing event; (Bengtsson – [pg. 8 para. 2], [pg. 8 para. 3] Bengtsson does not explicitly teach “proposed power level”.)
determining sensing information for a wireless sensing event to be performed by the UE via the RAT, (Bengtsson – [pg. 8 para. 9], [pg. 7 para. 2], [pg. 7 para. 5])
the sensing information to be used for power control of the UE during the wireless sensing event; and (Bengtsson – [pg. 8 para. 9])
the determining sensing information is based on the context identifier or the proposed power level; and (Bengtsson – [pg. 8 para. 2], [pg. 8 para. 3])
sending the sensing information to the UE. (Bengtsson – [pg. 8 para. 9])
Bengtsson does not explicitly teach the following limitations, however Badic, in the same field of endeavor, teaches:
proposed power level (Badic – [col. 41 ln. 27-39])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the transmissions of Bengtsson with the higher/lower priority associated with higher/lower transmit power of a transmission of Badic in order to increase the probability that the network access node will successfully receive and decode the transmission (Badic – [col. 41 ln. 27-39]).
Regarding Claim 25, Bengtsson further teaches:
wherein the UE is a first UE, and (Bengtsson – [pg. 8 para. 9])
determining the sensing information for the wireless sensing event comprises: (Bengtsson – [pg. 8 para. 9])
determining a power level for the first UE based at least in part on resource information associated with a second UE. (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 4])
Regarding Claim 26, Bengtsson further teaches:
wherein sending the sensing information to the UE includes (Bengtsson – [pg. 8 para. 9])
sending a maximum power level or reference power level for the wireless sensing event. (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 2])
Regarding Claim 27, Bengtsson further teaches:
wherein sending the sensing information to the UE includes sending a sensing event grant including resource information for performance of the wireless sensing event and a power level. (Bengtsson – [pg. 8 para. 9], [pg. 10 para. 10])
Regarding Claim 28, Bengtsson further teaches:
wherein the UE is a first UE, and determining the sensing information for the wireless sensing event comprises: (Bengtsson – [pg. 8 para. 9])
sending a resource identifier associated with the wireless sensing event to a second UE; (Bengtsson – [pg. 8 para. 2], [pg. 8 para. 3], [pg. 8 para. 9], [pg. 9 para. 4])
receiving a received power from the second UE, (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 4])
the received power identifying a received signal strength indicator (RSSI) of the first UE detected at the second UE; and (Bengtsson – [pg. 7 para. 3], [pg. 8 para. 9], [pg. 9 para. 4])
determining the sensing information based at least in part on the received power. (Bengtsson – [pg. 7 para. 3], [pg. 8 para. 9])
Regarding Claim 29, Bengtsson further teaches:
wherein sending the sensing information to the UE includes sending base station information identifying a plurality of base stations (Bengtsson – [pg. 8 para. 9], [pg. 9 para. 4], [pg. 8 para. 2] transmission and/or reception of pilot signals on multiple beams.)
having signals to be measured by the UE when determining a power level for the wireless sensing event. (Bengtsson – [pg. 8 para. 2], [pg. 8 para. 9], [pg. 9 para. 4])
Regarding Claim 30, Bengtsson further teaches:
wherein the sensing information is first sensing information and the wireless sensing event is a first wireless sensing event, and (Bengtsson – [pg. 7 para. 3], [pg. 8 para. 9])
further comprising: receiving a request for second sensing information for performing a second wireless sensing event; and (Bengtsson – [pg. 7 para. 3], [pg. 8 para. 9])
denying performance of the second wireless sensing event based at least in part on an expected interference associated with the second wireless sensing event. (Bengtsson – [pg. 7 para. 3], [pg. 8 para. 9])
Regarding Claim 31, Bengtsson further teaches:
wherein the wireless sensing event comprises transmitting wideband radar signals with a pre-defined waveform and (Bengtsson – [pg. 4 para. 4], [pg. 7 para. 3], [pg. 7 para. 7])
detecting reflected signals corresponding to the wideband radar signals. (Bengtsson – [pg. 4 para. 4], [pg. 7 para. 3])
Regarding Claim 45, Bengtsson further teaches:
wherein the wireless sensing event includes at least one of generating an image of an environment, determining high resolution localization information, facilitating accurate beam tracking, or detecting human activity. (Bengtsson – [pg. 7 para. 3] distance, and/or a size, and/or a speed, and/or a direction of movement, and/or an acceleration of an object providing the reflection can be determined. [pg. 8 para. 4] the one or more directions can point to different points in the environment if compared to the one or more beams. [pg. 14 para. 11] results in an increased resolution of positioning [pg. 14 para. 9] an accuracy of the radar probing)
Regarding Claims 46-49, Bengtsson further teaches:
wherein performing the wireless sensing event comprises performing at least one of a room scale sensing, a short range sensing, or a user activity. (Bengtsson – [pg. 8 para. 3], [pg. 5 para. 3] Radar probing employs radio waves at frequencies in the range of, e.g., 20 GHz - 80 GHz to determine the range, angle or velocity of objects. [pg. 8 para. 6] In a specific example, using a CB operational mode, a transmit beam and/or a receive beam for wireless communication can be identified at the UE. The UE, based on a corresponding beam list, may be aware in what directions the BS can be reached. Then, according to various examples, one or more radar-probing directions that are offset from one or more beams in such a beam list can be used for radar operation with low chance for interference.)
Regarding Claims 50, Bengtsson further teaches:
wherein the pre-defined waveforms are chirp waveforms or orthogonal frequency division multiplexing (OFDM) waveforms. (Bengtsson – [pg. 7 para. 8], [pg. 8 para. 9], [pg. 9 para. 2] Bengtsson does not explicitly teach “chirp waveforms or OFDM waveforms”.)
Bengtsson does not explicitly teach the following limitations, however Badic, in the same field of endeavor, teaches:
chirp waveforms or OFDM waveforms (Badic – [col. 55 ln. 61-65] Chirp generator 3516c may generate discrete chirps which, when used to control local oscillator 3516c, produces a continuous wave (CW) signal in multiple frequencies that are each generated for a short period of time. [col. 61 ln. 44-53] Aspects described herein can also be applied to different Single Carrier or OFDM flavors (CP-OFDM, SC-FDMA, SC-OFDM, filter bank-based multicarrier (FBMC), OFDMA, etc.) and in particular 3GPP NR (New Radio) by allocating the OFDM carrier data bit vectors to the corresponding symbol resources. Some of the features in this disclosure are defined for the network side, such as Access Points, eNodeBs, New Radio (NR) or next generation Node Bs (gNodeB or gNB, which is typically used in the context of 3GPP fifth generation (5G) communication systems), etc.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the transmissions of Bengtsson with the chirp/OFDM transmissions of Badic in order to function on various communications systems (Badic – [col. 61 ln. 44-53]).
Response to Arguments
Applicant’s arguments, see Pages 8-12, filed 03/02/2026, with respect to the rejection under 35 U.S.C. §103 regarding claims 1 and 19 have been considered but are not persuasive. The applicant argues that the combination of Bengtsson and Badic does not teach “determining a priority level of the wireless sensing event” and “performing the wireless sensing event based on the priority level at a second power level greater than the first power level in response to the determined power level of the wireless sensing event is for a high priority application”. The examiner disagrees, Bengtsson clearly teaches “transmit power may be appropriately adjusted, e.g., lowered” and “determine one or more beams that have a high beamforming gain” so “Pairs of beams providing good beamforming gain (proposed power level) can then be selected for the wireless communication.” It is obvious through the combination that if one example is to be lowered then another may be to raise the transmit power when the conditions were appropriate. Badic was added to the Office Action to show a specific and obvious example of a higher priority associated with higher transmit power of a transmission. A “higher priority” with a “higher transmit power” implies that there is a lower priority with a lower transmit power and the examiner is no longer relying on Dinan to teach the relevant limitations. The applicant’s arguments, see Page 12, do not address the cited portion of Badic that states “controller 2412 may assign the higher-priority data packet to the high exposure power limit window and the lower-priority data packet to the low exposure power limit window” and “the first data packet has higher priority and can be transmitted with higher transmit power”. The arguments instead are towards the “scheduling of packets” which is not being mapped to the claims. Badic teaches that the packets have different priorities and that they are transmitted at different powers to include a “higher transmit power”. The instant specification [0097] describes what the examiner is considering when mapping these limitations and a person of ordinary skill in the art would find it obvious that the BRI is taught extensively in the combination of Bengtsson and Badic.
Applicant argues, see Pages 13-15, that Bengtsson does not teach “receiving, from the UE, a request for sensing information, the request including a context identifier identifying an application for the wireless sensing event or the request identifying a proposed power level for the wireless sensing event” and “determining sensing information for a wireless sensing event to be performed by the UE via the RAT, the sensing information to be used for power control of the UE during the wireless sensing event, and the determining sensing information is based on the context identifier or the proposed power level,”. The examiner disagrees, Bengtsson clearly teaches “codebook operational mode (context identifier)” and “determine one or more beams that have a high beamforming gain” so “Pairs of beams providing good beamforming gain (proposed power level) can then be selected for the wireless communication.” The instant specification broadly defines “context identifier” as “indicating an application of the wireless sensing activity” which is clearly taught by the more specific citation of a “codebook operational mode”. Claim 22, 32 only require “the context identifier or the “proposed power level” and the examiner understands that this limitation is met by an obvious understanding of the limitations by the teachings of Bengtsson. For the same reasons stated above, the examiner maintains that Badic teaches an explicit example of a “proposed power level” and is cited for Claims 22, 23. Further, the applicant has incorrectly referenced the paragraphs of Bengtsson ([Pg. 7 para. 8], [pg. 8 para. 1]) though the proper citation ([pg. 8 para. 2], [pg. 8 para. 3]) was provided in the Office Action for claims 6, 29 and refers to the Bengtsson WO 2019233830 document that was filed 12/05/2024.
Applicant’s arguments, see Page 16, filed 03/02/2026, with respect to the rejection under 35 U.S.C. §103 regarding the dependent claims have been fully considered but they are not persuasive. Applicant argues that the dependent claims are allowable due to the dependency on the independent claims. As noted above, the examiner maintains Bengtsson in view of Badic teaches the independent claims and therefore the dependent claims remain rejected.
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims is understandable and distinguishable from other inventions.
Conclusion
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/BRANDON JAMES HENSON/Examiner, Art Unit 3648
/RESHA DESAI/Supervisory Patent Examiner, Art Unit 3648