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 .
Priority
Examiner acknowledges no foreign priority is claimed.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/8/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Response to Arguments
Applicant's arguments filed 12/8/2025 have been fully considered but they are not persuasive.
Argument: Regarding claim 1, the applicant argues that Bayesteh et al. (‘655) does not disclose “switch to the another of the wireless communication mode or the sensing mode based on the indication.” The applicant presents similar arguments for independent claims 17, 29 and 30.
Response: The examiner disagrees. Bayesteh et al. (‘655) describes the ICS configuration includes at least one of: a sensing-only ICS configuration, a sensing and communications ICS configuration, or a communications-only ICS configuration… communicating, between the first communication device and the second communication device, second signaling for indicating a selected waveform…the selected waveform is selected, at least in part, on the indicated ICS configuration…receiving, by the first communication device, a signal according to the selected waveform (column 2 lines 39-51). Therefore, Bayesteh et al. (‘655) discloses “operate in one of a wireless communications mode or a sensing mode.” Bayesteh et al. (‘655) describes the sensing capability report includes at least one of: an indication of a processing capability, an indication of radio frequency capability, or an indication of duplexing capability…the selected waveform is further selected, at least in part, on the sensing capability report (column 2 lines 29-36). Therefore, Bayesteh et al. (‘655) discloses “the wireless communications mode is associated with at least one of a communications waveform or a sensing waveform.” Bayesteh et al. (‘655) describes communicating a sensing capability report between the first communication device and the second communication device…the sensing capability report includes at least one of: an indication of a processing capability, an indication of radio frequency capability, or an indication of duplexing capability…the selected waveform is further selected, at least in part, on the sensing capability report (column 2 lines 19-16). Therefore, Bayesteh et al. (‘655) discloses” the sensing mode is associated with at least one of the communications waveform or the sensing waveform.” Bayesteh et al. (‘655) describes the ICS configuration indication can, alternatively, be transmitted (step 410) from the BS 170 and received (step 412) by the UE 110, even if the UE 110 were to perform the sensing…this may be related to the scenario in which the sensing is requested or instructed by the BS 170 to be performed by the UE 110 (column 10 lines 52-57); the ICS configuration indication may also specify a communications-only ICS configuration (column 11 lines 10-11); the ICS configuration indication may specify a sensing-only ICS configuration with a preference for high sensing performance…such an ICS configuration may be seen as suitable for dedicated sensing (column 10 lines 58-61). Therefore, Bayesteh et al. (‘655) discloses “obtain an indication of a switch to operate in another of the wireless communications mode or the sensing mode; and switch to the another of the wireless communications mode or the sensing mode based on the indication.”
Amendment to specification overcomes objection to Specification.
Amendment to claims 1, 8, 10, 13-14 and 24-27 is acknowledged.
Amendment to claims 8, 10, 13-14, 17 and 24-27 overcomes claim objection.
Applicant’s arguments for 112(b) rejections regarding claims 8-10 and 24 is considered but is not persuasive.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-10 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “a target Doppler that is less than, or less than or equal to, a Doppler threshold” in lines 3-4 of claim 8. The phrase “less than, or less than” is unclear. The applicant needs to clarify.
Claim 9 recites “a target Doppler that is greater than, or greater than or equal to, a Doppler threshold” in lines 3-4 of claim 9. The phrase “greater than, or greater than” is unclear. The applicant needs to clarify.
Claim 10 depends on claim 9, and therefore is also rejected.
Claim 24 recites “a target Doppler that is less than, or less than or equal to, a first Doppler threshold” in lines 4-5 of claim 24. The phrase “less than, or less than” is unclear. The applicant needs to clarify.
Claim 24 recites “the target Doppler being greater than, or greater than or equal to, a second Doppler threshold” in lines 7-8 of claim 24. The phrase “less than, or less than” is unclear. The applicant needs to clarify.
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 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.
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
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 1-7, 12, 15-23 and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bayesteh et al. (US 12,284,655 B2).
Regarding claim 1, Bayesteh et al. (‘655) anticipates “an apparatus for wireless communication at a user equipment (UE) (column 2 lines 11-18: the first communication device is a base station and the second communication device is a user equipment (UE)…communicating the first signaling involves the base station transmitting the first signaling to the UE… communicating the second signaling involves the base station transmitting the second signaling to the UE…the method further includes receiving, by the base station, a reflection of the transmitted signal), comprising:
memory (column 3 lines 12-13: the device includes a memory storing instructions); and
at least one processor coupled to the memory and, based at least in part on information stored in the memory (column 3 lines 12-lines 16: the device includes a memory storing instructions, a receiver, a transmitter and a processor…the processor is configured, by executing the instructions, to perform a method in accordance with any of the previous aspects or embodiments), the at least one processor is configured to:
operate in one of a wireless communications mode or a sensing mode (column 2 lines 39-51: communicating, between a first communication device and a second communication device, first signaling for indicating an integrated communication and sensing (ICS) configuration…the ICS configuration includes at least one of: a sensing-only ICS configuration, a sensing and communications ICS configuration, or a communications-only ICS configuration…communicating, between the first communication device and the second communication device, second signaling for indicating a selected waveform…the selected waveform is selected, at least in part, on the indicated ICS configuration…receiving, by the first communication device, a signal according to the selected waveform),
wherein the wireless communications mode is associated with at least one of a communications waveform or a sensing waveform (column 2 lines 29-36: communicating a sensing capability report between the first communication device and the second communication device…the sensing capability report includes at least one of: an indication of a processing capability, an indication of radio frequency capability, or an indication of duplexing capability…the selected waveform is further selected, at least in part, on the sensing capability report),
wherein the sensing mode is associated with at least one of the communications waveform or the sensing waveform (column 2 lines 19-16: communicating a sensing capability report between the first communication device and the second communication device…the sensing capability report includes at least one of: an indication of a processing capability, an indication of radio frequency capability, or an indication of duplexing capability…the selected waveform is further selected, at least in part, on the sensing capability report), and
wherein the sensing waveform is different from the communications waveform (column 2 lines 52-59: communicating, between a first communication device and a second communication device, first signaling for indicating an integrated communication and sensing (ICS) configuration…the ICS configuration includes at least one of: a sensing-only ICS configuration, a sensing and communications ICS configuration, or a communications-only ICS configuration…communicating, between the first communication device and the second communication device, second signaling for indicating a selected waveform…the selected waveform is selected, at least in part, on the indicated ICS configuration…receiving, by the first communication device, a signal according to the selected waveform);
obtain an indication of a switch to operate in another of the wireless communications mode or the sensing mode (column 10 lines 52-57: the ICS configuration indication can, alternatively, be transmitted (step 410) from the BS 170 and received (step 412) by the UE 110, even if the UE 110 were to perform the sensing…this may be related to the scenario in which the sensing is requested or instructed by the BS 170 to be performed by the UE 110.); and
switch to the another of the wireless communications (column 11 lines 10-11: the ICS configuration indication may also specify a communications-only ICS configuration) mode or the sensing mode based on the indication (column 10 lines 58-61: the ICS configuration indication may specify a sensing-only ICS configuration with a preference for high sensing performance…such an ICS configuration may be seen as suitable for dedicated sensing).”
Regarding claim 2, which is dependent on independent claim 1, Bayesteh et al. (‘655) anticipates the apparatus of claim 1. Bayesteh et al. (‘655) further anticipates “the communications waveform is an orthogonal frequency division multiplexing (OFDM) waveform, and wherein the sensing waveform is an analog radio detection and ranging (RADAR) waveform (column 12 lines 17-25: he example table 500 includes a section for ICS configuration strategy, a section for ICS capability and a section for OBL…the references to candidate ICS waveforms include: a reference to a FMCW waveform…a reference to CP-OFDM…a reference to OFDM (without CP)…a reference to a Ultra-Wideband (UWB) pulse radar waveform).”
Regarding claim 3, which is dependent on claim 2, Bayesteh et al. (‘655) anticipates the apparatus of claim 2. Bayesteh et al. (‘655) further anticipates “to switch to the another of the wireless communications mode or the sensing mode, the at least one processor is configured to switch from one of the OFDM waveform or the analog RADAR waveform to another of the OFDM waveform or the analog RADAR waveform (column 2 lines 52-59: communicating, between a first communication device and a second communication device, first signaling for indicating an integrated communication and sensing (ICS) configuration…the ICS configuration includes at least one of: a sensing-only ICS configuration, a sensing and communications ICS configuration, or a communications-only ICS configuration…communicating, between the first communication device and the second communication device, second signaling for indicating a selected waveform…the selected waveform is selected, at least in part, on the indicated ICS configuration…receiving, by the first communication device, a signal according to the selected waveform; column 12 lines 17-25: the example table 500 includes a section for ICS configuration strategy, a section for ICS capability and a section for OBL…the references to candidate ICS waveforms include: a reference to a FMCW waveform…a reference to CP-OFDM…a reference to OFDM (without CP)…a reference to a Ultra-Wideband (UWB) pulse radar waveform).”
Regarding claim 4, which is dependent on independent claim 1, Bayesteh et al. (‘655) anticipates the apparatus of claim 1. Bayesteh et al. (‘655) further anticipates “to switch to the another of the wireless communications mode or the sensing mode, the at least one processor is configured to switch from the wireless communications mode to the sensing mode (column 11 lines 10-11: the ICS configuration indication may also specify a communications-only ICS configuration; column 10 lines 58-61: the ICS configuration indication may specify a sensing-only ICS configuration with a preference for high sensing performance…such an ICS configuration may be seen as suitable for dedicated sensing), and
wherein to obtain the indication of the switch, the at least one processor is configured to obtain, via at least one of radio resource control (RRC) signaling, downlink control information (DCI), or a medium access control (MAC) control element (MAC-CE), the indication of the switch, wherein the indication of the switch includes at least one of a channel associated with the switch, a sensing waveform type, sensing waveform type parameters, or a usage for subsequent transmissions associated with the sensing waveform (column 2 lines 19-16: communicating a sensing capability report between the first communication device and the second communication device…the sensing capability report includes at least one of: an indication of a processing capability, an indication of radio frequency capability, or an indication of duplexing capability…the selected waveform is further selected, at least in part, on the sensing capability report).”
Regarding claim 5, which is dependent on independent claim 1, Bayesteh et al. (‘655) anticipates the apparatus of claim 1. Bayesteh et al. (‘655) further anticipates “to switch to the another of the wireless communications mode or the sensing mode, the at least one processor is configured to switch from the sensing mode to the wireless communications mode (column 11 lines 10-11: the ICS configuration indication may also specify a communications-only ICS configuration; column 10 lines 58-61: the ICS configuration indication may specify a sensing-only ICS configuration with a preference for high sensing performance…such an ICS configuration may be seen as suitable for dedicated sensing), and
wherein to obtain the indication of the switch, the at least one processor is configured to obtain, via at least one of radio resource control (RRC) signaling, downlink control information (DCI), or a medium access control (MAC) control element (MAC-CE), the indication of the switch, wherein the indication of the switch includes at least one of a channel associated with the switch, a communications waveform type, communications waveform type parameters, or a usage for subsequent transmissions associated with the communications waveform (column 9 lines 54-61: the UE 110 transmits (step 402), to the BS 170, a capability report…the BS 170 receives (step 404) the capability report…the transmission (step 402) may, in one aspect, use static signaling and, in another aspect, use semi-static signaling… semi-static signaling may, for example, include radio resource control (RRC) signaling and signaling using a control element (CE) in the known media access control (MAC) sublayer, that is, a “MAC-CE”; column 10 lines 36-51: the UE 110 transmits (step 410) an ICS configuration indication to the BS 170. Upon receiving (step 412) the ICS configuration indication, the BS 170 may save the ICS configuration indication to the BS memory 358…the ICS configuration indication may be a dynamic signaling, which can be changed from one indication to another…in this dynamic signaling case, the ICS configuration indication can be signaled to the BS 170 using dynamic signaling like L1 signaling, e.g., through the known downlink control information (DCI) information structure… alternatively, the ICS configuration indication may be a semi-static signaling, which is not changed very frequently. In this semi-static signaling case, the ICS configuration indication can be signaled to the BS 170 using higher layer signaling, e.g., through RRC signaling or signaling that uses the MAC-CE).”
Regarding claim 6, which is dependent on independent claim 1, Bayesteh et al. (‘655) anticipates the apparatus of claim 1. Bayesteh et al. (‘655) further anticipates “to switch to the another of the wireless communications mode or the sensing mode (column 11 lines 10-11: the ICS configuration indication may also specify a communications-only ICS configuration; column 10 lines 58-61: the ICS configuration indication may specify a sensing-only ICS configuration with a preference for high sensing performance…such an ICS configuration may be seen as suitable for dedicated sensing), the at least one processor is configured to at least one of:
switch to the another of the wireless communications mode or the sensing mode subsequent to a time gap, wherein the time gap is associated with, and in addition to, a cyclic prefix (CP) duration and is associated with at least one of transmission switching or reception switching; or switch to the another of the wireless communications mode or the sensing mode during the CP duration and without the time gap (column 19: lines 34-46: In view of FIG. 6, the BS 170 transmits (step 610) an ICS configuration indication to the UE 110 indicating that the ICS configuration strategy relates to common sensing with unicast data…the BS 170 then selects (step 613) an ICS waveform to satisfy the common sensing with unicast data strategy…the BS 170 may select (step 613) the CP-OFDM waveform…the BS 170 then transmits (step 614) an indication of the CP-OFDM waveform to the UE 110…the transmission (step 614) may employ broadcast signaling so that other UEs 110 also receive the indication of the CP-OFDM waveform…the BS 170 then transmits (step 618) DL communication to the UE 110 using the CP-OFDM waveform).”
Regarding claim 7, which is dependent on independent claim 1, Bayesteh et al. (‘655) anticipates the apparatus of claim 1. Bayesteh et al. (‘655) further anticipates “the at least one processor is further configured to: select the sensing waveform based on at least one of an implementation of the UE, an operating condition of the UE, or a sensing environment associated with the UE (column 3 lines 35-40: FIG. 4 illustrates, in a signal flow diagram, negotiation between the user equipment of FIG. 2 and the base station of FIG. 3 to settle upon a waveform for an ICS signal that is to be transmitted by the user equipment in an example wherein mono-static sensing is to be carried out by the user equipment according to aspects of the present application; column 3 lines 58-64: FIG. 8 illustrates, in a signal flow diagram, negotiation between the user equipment of FIG. 2 and the base station of FIG. 3 to settle upon a waveform for an ICS signal that is to be transmitted by the user equipment in an example wherein bi-static sensing is to be carried out with the base station receiving the ICS signal according to aspects of the present application).”
Regarding claim 12, which is dependent on claim 7, Bayesteh et al. (‘655) anticipates the apparatus of claim 7. Bayesteh et al. (‘655) further anticipates “to select the sensing waveform, the at least one processor is configured to select the sensing waveform from one or more different bands (column 9 line 62 – column 10 line 23: the capability report may include indications of waveforms supported by the UE 110…the capability report may also include an indication of supported bandwidth. In some embodiments, the supported bandwidth may further include a partial bandwidth or full bandwidth of a bandwidth part (BWP), or a plurality of BWPs. In some embodiments, the capability report may include the supported waveform for a given spectrum, BWP or a plurality of BWPs…the capability report may further include the bandwidth supported by a given carrier frequency, such as a sub-6 GHz carrier frequency band, an above 6 GHz carrier frequency band, a millimeter wave (mmWave) band, a terahertz (THz) band, and the like).”
Regarding claim 15, which is dependent on claim 7, Bayesteh et al. (‘655) anticipates the apparatus of claim 7. Bayesteh et al. (‘655) further anticipates “the at least one processor is further configured to: obtain adaptation information, wherein the adaptation information is based on at least one adaptation factor associated with one or more of the sensing environment, sensing target characteristics, a hardware capability of the UE, a power budget of the UE, a transmission power capability of the UE, or a maximum power emission for the UE; wherein to select the sensing waveform, the at least one processor is configured to select the sensing waveform based on the adaptation information (column 1 lines 45-51: in view of the sensing applications, the waveform selection can be, at least in part, adapted based on capabilities of hardware of nodes involved in the sensing applications as well as defined sensing key performance indicators…in view of the communication applications, the waveform selection can be, at least in part, adapted based on the extent to which data is to be embedded; column 18 line 66 – column 19 line 6: When the UE 110 has reported (in, e.g., step 404) that the capability of the UE hardware is relatively low, there may be considered to be at least four waveform choices…for an ICS configuration strategy with a medium data embedding rate and high OBL tolerance, an FBMC waveform may be selected. For an ICS configuration strategy with a medium data embedding rate and low OBL tolerance, an OFDM waveform with no CP may be selected; column 19 lines 12-14: when the UE 110 has reported (in, e.g., step 404) that the capability of the UE hardware is relatively high, there may be considered to be at least four waveform choices).”
Regarding claim 16, which is dependent on claim 15, Bayesteh et al. (‘655) anticipates the apparatus of claim 15. Bayesteh et al. (‘655) further anticipates “to obtain the adaptation information, the at least one processor is configured to receive at least a portion of the adaptation information from a network node (column 3 lines 35-40: FIG. 4 illustrates, in a signal flow diagram, negotiation between the user equipment of FIG. 2 and the base station of FIG. 3 to settle upon a waveform for an ICS signal that is to be transmitted by the user equipment in an example wherein mono-static sensing is to be carried out by the user equipment according to aspects of the present application), wherein
the at least one adaptation factor includes at least one of a first distribution for target parameters, a dynamic range of the target parameters, clutter in the sensing environment, a power spectral density of the clutter, a second distribution or a dynamic range of a delay spread of the clutter, or a radio access technology (RAT) (column 1 lines 14-32: wireless communication networks will include diverse nodes with diverse capabilities…these nodes will likely include both communications capabilities and sensing capabilities such that the entire network may be considered to be an integrated communications and sensing (ICS) network…5G New Radio (NR) is a radio access technology (RAT) developed by the 3rd Generation Partnership Project (3GPP) for 5G (fifth generation) mobile networks; column 6 lines 9-22: the base stations 170 communicate with one or more of the UEs 110 over one or more air interfaces 190 using wireless communication links, e.g., radio frequency (RF) wireless communication links, microwave wireless communication links, infrared (IR) wireless communication links, visible light (VL) communications links, etc. …the air interfaces 190 may utilize any suitable radio access technology…the communication system 100 may implement one or more orthogonal or non-orthogonal channel access methods, such as code division multiple access (CDMA), time division multiple access (TDMA), frequency division multiple access (FDMA), space division multiple access (SDMA), orthogonal FDMA (OFDMA) or single-carrier FDMA (SC-FDMA) in the air interfaces 190).”
Regarding independent claim 17, Bayesteh et al. (‘655) anticipates “an apparatus for wireless communication at a network node (column 2 lines 11-18: the first communication device is a base station and the second communication device is a user equipment (UE)…communicating the first signaling involves the base station transmitting the first signaling to the UE… communicating the second signaling involves the base station transmitting the second signaling to the UE…the method further includes receiving, by the base station, a reflection of the transmitted signal), comprising:
memory (column 3 lines 12-13: the device includes a memory storing instructions); and
at least one processor coupled to the memory and, based at least in part on information stored in the memory (column 3 lines 12-lines 16: the device includes a memory storing instructions, a receiver, a transmitter and a processor. The processor is configured, by executing the instructions, to perform a method in accordance with any of the previous aspects or embodiments), the at least one processor is configured to:
operate in one of a wireless communications mode or a sensing mode (column 2 lines 39-51: communicating, between a first communication device and a second communication device, first signaling for indicating an integrated communication and sensing (ICS) configuration…the ICS configuration includes at least one of: a sensing-only ICS configuration, a sensing and communications ICS configuration, or a communications-only ICS configuration…communicating, between the first communication device and the second communication device, second signaling for indicating a selected waveform…the selected waveform is selected, at least in part, on the indicated ICS configuration…receiving, by the first communication device, a signal according to the selected waveform),
wherein the wireless communications mode is associated with at least one of a communications waveform or a sensing waveform (column 2 lines 29-36: communicating a sensing capability report between the first communication device and the second communication device…t lo he sensing capability report includes at least one of: an indication of a processing capability, an indication of radio frequency capability, or an indication of duplexing capability…the selected waveform is further selected, at least in part, on the sensing capability report),
wherein the sensing mode is associated with at least one of the communications waveform or the sensing waveform (column 2 lines 19-16: communicating a sensing capability report between the first communication device and the second communication device…the sensing capability report includes at least one of: an indication of a processing capability, an indication of radio frequency capability, or an indication of duplexing capability…the selected waveform is further selected, at least in part, on the sensing capability report), and
wherein the sensing waveform is different from the communications waveform (column 2 lines 52-59: communicating, between a first communication device and a second communication device, first signaling for indicating an integrated communication and sensing (ICS) configuration…the ICS configuration includes at least one of: a sensing-only ICS configuration, a sensing and communications ICS configuration, or a communications-only ICS configuration…communicating, between the first communication device and the second communication device, second signaling for indicating a selected waveform…the selected waveform is selected, at least in part, on the indicated ICS configuration…receiving, by the first communication device, a signal according to the selected waveform);
provide, for a user equipment (UE), an indication of a switch to operate in another of the wireless communications mode or the sensing mode (column 10 lines 52-57: the ICS configuration indication can, alternatively, be transmitted (step 410) from the BS 170 and received (step 412) by the UE 110, even if the UE 110 were to perform the sensing…this may be related to the scenario in which the sensing is requested or instructed by the BS 170 to be performed by the UE 110.); and
switch to the another of the wireless communications mode (column 11 lines 10-11: the ICS configuration indication may also specify a communications-only ICS configuration) or the sensing mode based on the indication (column 10 lines 58-61: the ICS configuration indication may specify a sensing-only ICS configuration with a preference for high sensing performance…such an ICS configuration may be seen as suitable for dedicated sensing).”
Regarding claim 18, which is dependent on independent claim 17, and which has the same limitation as claim 2, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 2.
Regarding claim 19, which is dependent on claim 18, and which has the same limitation as claim 3, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 3.
Regarding claim 20, which is dependent on independent claim 17, and which has the same limitation as claim 4, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 4.
Regarding claim 21, which is dependent on independent claim 17, and which has the same limitation as claim 5, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 5.
Regarding claim 22, which is dependent on independent claim 17, and which has the same limitation as claim 6, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 6.
Regarding claim 23, which is dependent on independent claim 17, and which has the same limitation as claim 7, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 7.
Regarding claim 28, which is dependent on claim 23, and which has the same limitation as claim 15, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 15.
Regarding independent claim 29, which is a corresponding method claim of independent apparatus claim 1, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 1.
Regarding independent claim 30, which is a corresponding method claim of independent apparatus claim 17, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 17.
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 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 8 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Bayesteh et al. (US 12,284,655 B2), and further in view of Henderson et al. (US 2019/0170871 A1).
Regarding claim 8, which is dependent on claim 7, Bayesteh et al. (‘655) discloses the apparatus of claim 7. Bayesteh et al. (‘655) does not explicitly disclose “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a continuous wave (CW) linear frequency modulation (LFM) waveform based on a target Doppler that is less than, or less than or equal to, a Doppler threshold.”
Henderson et al. (‘871) relates to radar system. Henderson et al. (‘871) teaches “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a continuous wave (CW) linear frequency modulation (LFM) waveform based on a target Doppler that is less than, or less than or equal to, a Doppler threshold (Paragraph 6: the data acquisition unit may be further configured to estimate the vector wind velocity by: selecting a plurality of measurements containing a CAS targets or volumetric target and determining a slant distance and Doppler velocity of a ground echo from each, performing the required coordinate transformations such that the range and Doppler velocity of the ground echo are at zero range and velocity, extracting a slant distance and Doppler wind velocity for each of the CAS targets or volumetric targets in the plurality of measurements above a fixed signal-to-noise threshold, and converting the slant distance to an altitude above ground level using the navigation data from the one or more navigation units…the data acquisition unit may be further configured to minimize the chi-square sum between the measured wind vector velocities and the estimated wind vector velocities by a gradient search technique…the radar unit may transmit with a sweep width configured to match the backscattering characteristics of the plurality of CAS targets or volumetric targets…the radar unit may transmit in a waveform selected from one or more of linear frequency modulated (FM) waveform, a phase coded waveform, or non-linear FM waveform…the radar unit may be configured to transmit at a carrier frequency in the Ka band…the radar unit may be configured to convert the wide-band frequency modulated continuous wave radar signal to a Ka band and filter and amplify the Ka band signal prior to transmission thereof…the radar unit may be configured to receive the reflected signal from each of the plurality of CAS targets or volumetric targets, amplify the received signal, down-convert the received signal to a baseband received signal, and filter and amplify the received signal).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Bayesteh et al. (‘655) with the teaching of Henderson et al. (‘871) for improved sensing. In addition, both of the prior art references, (Bayesteh et al. (‘655) and Henderson et al. (‘871)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, using continuous wave for radar sensing
Regarding claim 24, which is dependent on claim 23, and which has the same limitation as claim 8, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 8.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bayesteh et al. (US 12,284,655 B2), and further in view of O’Conner (US 6,204,802 B1).
Regarding claim 9, which is dependent on claim 7, Bayesteh et al. (‘655) discloses the apparatus of claim 7. Bayesteh et al. (‘655) does not explicitly disclose “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a long unmodulated continuous wave (CW) waveform based on a target Doppler that is greater than, or greater than or equal to, a Doppler threshold.”
O’Conner (‘802) relates to radar system. O’Conner (‘802) teaches “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a long unmodulated continuous wave (CW) waveform based on a target Doppler that is greater than, or greater than or equal to, a Doppler threshold (claim 9: An apparatus for producing velocity signals in accordance with the relative velocity between a first and second unit, while both are moving in the same direction relative to a surface, comprising a dual sensing channel Doppler module having a radar frequency generator which is attached to the first unit and targets the second unit, the Doppler module having a horn for transmitting an unmodulated continuous wave signal and for receiving the continuous wave signal returning from the targeted second unit with Doppler shift, a splitter and a phase shifter connected to the horn for providing base band phase related Doppler signals, a base band signal processor for receiving the phase related Doppler signals from the Doppler module, wherein the signal processor contains parallel programmable low-pass filters for separately filtering the phase related Doppler signals and for separately passing the base band phase related Doppler signals only up to a frequency limit below a range of frequencies corresponding to velocity of the first unit moving relative to the surface, and wherein the parallel programmable filtering means are parallel programmable filtering means having variable frequency limits, a velocity indicator connected to one of the Doppler signals and to the low-pass filters for supplying a signal dependent upon the velocity of the first unit moving relative to the surface, and control means connected to the means for supplying and connected to the parallel programmable filtering means for controlling the base band frequency limit of the parallel programmable filtering means in response to the signal dependent upon the velocity of the first unit moving relative to the surface, wherein the signal processor contains phase detector direction-sensitive means for detection of phase shift and for producing output signals indicative of whether the targeted second unit approaches or moves away from the first unit, wherein the signal processor further contains means responsive to changes in frequency of the Doppler signal in the aforementioned frequency range, wherein the signal processor further comprises velocity-determining means connected for receiving the Doppler signals and generating therefrom the signal dependent upon the velocity of the first unit moving relative to the surface, wherein the signal processor has a plurality of frequency comparison means responsive to a plurality of preselected frequencies below the range of frequencies corresponding to the velocity of the first unit moving relative to the surface, and an indicator is connected to be triggered by output signals of the frequency comparison means for indicating the Doppler frequency range and conjointly therewith the classification of the velocity at which the first unit approaches the second unit, and wherein the frequency comparison means are phase locked loops).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Bayesteh et al. (‘655) with the teaching of O’Conner (‘802) for improved sensing measurement. In addition, both of the prior art references, (Bayesteh et al. (‘655) and O’Conner (‘802)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, using continuous wave for radar sensing.
Claim 10 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Bayesteh et al. (US 12,284,655 B2), in view of O’Conner (US 6,204,802 B1), and further in view of Henderson et al. (US 2019/0170871 A1).
Regarding claim 10, which is dependent on claim 9, Bayesteh et al. (‘655)/O’Conner (‘802) discloses the apparatus of claim 7. Bayesteh et al. (‘655) does not explicitly disclose “the Doppler threshold is associated with, and is greater than, a CW linear frequency modulation (LFM) waveform and a short unmodulated CW waveform.”
Henderson et al. (‘871) relates to radar system. Henderson et al. (‘871) teaches “the Doppler threshold is associated with, and is greater than, a CW linear frequency modulation (LFM) waveform (Paragraph 6: the data acquisition unit may be further configured to estimate the vector wind velocity by: selecting a plurality of measurements containing a CAS targets or volumetric target and determining a slant distance and Doppler velocity of a ground echo from each, performing the required coordinate transformations such that the range and Doppler velocity of the ground echo are at zero range and velocity, extracting a slant distance and Doppler wind velocity for each of the CAS targets or volumetric targets in the plurality of measurements above a fixed signal-to-noise threshold, and converting the slant distance to an altitude above ground level using the navigation data from the one or more navigation units. The data acquisition unit may be further configured to minimize the chi-square sum between the measured wind vector velocities and the estimated wind vector velocities by a gradient search technique. The radar unit may transmit with a sweep width configured to match the backscattering characteristics of the plurality of CAS targets or volumetric targets. The sweep widths may range from about 6 MHz to about 200 MHz. The radar unit may transmit in a waveform selected from one or more of linear frequency modulated (FM) waveform, a phase coded waveform, or non-linear FM waveform. The radar unit may be configured to transmit at a carrier frequency in the Ka band. The radar unit may be configured to convert the wide-band frequency modulated continuous wave radar signal to a Ka band and filter and amplify the Ka band signal prior to transmission thereof The radar unit may be configured to receive the reflected signal from each of the plurality of CAS targets or volumetric targets, amplify the received signal, down-convert the received signal to a baseband received signal, and filter and amplify the received signal).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Bayesteh et al. (‘655) with the teaching of Henderson et al. (‘871) for improved sensing. In addition, both of the prior art references, (Bayesteh et al. (‘655) and Henderson et al. (‘871)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, using continuous wave for radar sensing
O’Conner (‘802) relates to radar system. O’Conner (‘802) teaches the Doppler threshold is associated with, and is greater than, a short unmodulated CW waveform (claim 9: An apparatus for producing velocity signals in accordance with the relative velocity between a first and second unit, while both are moving in the same direction relative to a surface, comprising a dual sensing channel Doppler module having a radar frequency generator which is attached to the first unit and targets the second unit, the Doppler module having a horn for transmitting an unmodulated continuous wave signal and for receiving the continuous wave signal returning from the targeted second unit with Doppler shift, a splitter and a phase shifter connected to the horn for providing base band phase related Doppler signals, a base band signal processor for receiving the phase related Doppler signals from the Doppler module, wherein the signal processor contains parallel programmable low-pass filters for separately filtering the phase related Doppler signals and for separately passing the base band phase related Doppler signals only up to a frequency limit below a range of frequencies corresponding to velocity of the first unit moving relative to the surface, and wherein the parallel programmable filtering means are parallel programmable filtering means having variable frequency limits, a velocity indicator connected to one of the Doppler signals and to the low-pass filters for supplying a signal dependent upon the velocity of the first unit moving relative to the surface, and control means connected to the means for supplying and connected to the parallel programmable filtering means for controlling the base band frequency limit of the parallel programmable filtering means in response to the signal dependent upon the velocity of the first unit moving relative to the surface, wherein the signal processor contains phase detector direction-sensitive means for detection of phase shift and for producing output signals indicative of whether the targeted second unit approaches or moves away from the first unit, wherein the signal processor further contains means responsive to changes in frequency of the Doppler signal in the aforementioned frequency range, wherein the signal processor further comprises velocity-determining means connected for receiving the Doppler signals and generating therefrom the signal dependent upon the velocity of the first unit moving relative to the surface, wherein the signal processor has a plurality of frequency comparison means responsive to a plurality of preselected frequencies below the range of frequencies corresponding to the velocity of the first unit moving relative to the surface, and an indicator is connected to be triggered by output signals of the frequency comparison means for indicating the Doppler frequency range and conjointly therewith the classification of the velocity at which the first unit approaches the second unit, and wherein the frequency comparison means are phase locked loops).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Bayesteh et al. (‘655)/Henderson et al. (‘871) with the teaching of O’Conner (‘802) for improved sensing measurement. In addition, all of the prior art references, (Bayesteh et al. (‘655), Henderson et al. (‘871) and O’Conner (‘802)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, using continuous wave for radar sensing.
Regarding claim 25, which is dependent on claim 24, and which has the same limitation as claim 10, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 10.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bayesteh et al. (US 12,284,655 B2), in view of Tsvelykh et al. (US 2020/0319327 A1).
Regarding claim 11, which is dependent on independent claim 7, Bayesteh et al. (‘655) discloses the apparatus of claim 7. Bayesteh et al. (‘655) does not explicitly disclose “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a short pulse waveform based on monostatic sensing at the UE.”
Tsvelykh et al. (‘327) relates to radar and communication system. Tsvelykh et al. (‘327) teaches “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a short pulse waveform based on monostatic sensing at the UE (paragraph 33: the further radar processing includes performing range FFT, determining angle of arrival using, e.g., the mono-pulse algorithm, identifying static and moving objects in the field of view of the one or more beams, determining the velocity of the moving objects, detecting gestures of detected objects, tracking the identified static or moving objects, performing radar imaging, and other known radar processing; paragraph 45: controller 120 dynamically modifies the direction of the beam by dynamically adjusting the phase and amplitude of one or more of the M beamforming channels to optimize operation of millimeter-wave system 100. For example, communication operations may be optimized by dynamically adjusting the beam towards the UE (if millimeter-wave system 100 is implemented on a base station), or towards the base station (if millimeter-wave system 100 is implemented on a UE)…a narrower beam with higher gain may be used to extend the range of the beam. As another example, radar operations may be optimized by dynamically changing the shape and direction of the beam to monitor specific spatial regions around millimeter-wave system; paragraph 88: during normal operation, millimeter-wave radar 600 transmits a plurality of radiation pulses 606, such as chirps, towards scene 608 using, e.g., a beam…millimeter-wave radar 600 sends frames of equally spaced linear chirps, such as 256 equally spaced linear chirps. A different number of chirps, e.g., 16, 32, may also be used).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Bayesteh et al. (‘655) with the teaching of Tsvelykh et al. (‘327) for improved sensing measurement (Tsvelykh et al. (‘327) – paragraph 6). In addition, both of the prior art references, (Bayesteh et al. (‘655) and Tsvelykh et al. (‘327)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, sensing using frequency-modulated continuous-wave (FMCW) radar integration with communication system.
Claims 14 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Bayesteh et al. (US 12,284,655 B2), and further in view of Slemp (US 2018/0267160 A1).
Regarding claim 14, which is dependent on claim 7, Bayesteh et al. (‘655) discloses the apparatus of claim 7. Bayesteh et al. (‘655) does not explicitly disclose “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a continuous wave (CW) linear frequency modulation (LFM) waveform for an outdoor environment or as a pulse waveform in an indoor environment.”
Slemp (‘160) relates to radar system. Slemp (‘160) teaches “to select the sensing waveform, the at least one processor is configured to select the sensing waveform as a continuous wave (CW) linear frequency modulation (LFM) waveform for an outdoor environment or as a pulse waveform in an indoor environment (paragraph 64: Figure 1: a simple FMCW processing cycle from within a host vehicle 1 and a target vehicle 2…a continuous wave signal 3 that is frequency modulated in one or more ways (in this case, linear triangular modulation), is amplified, and transmitted into the local environment to illuminate a target (see 4)…reflected FMCW signals 10 from a target are received (see 5)…the reflected signals are delayed by the round-trip time (see 6) of flight that is a function of the distance 7 …this delay causes the reflected signal and transmitted signal to have a difference in frequency (see 8) between them, which is constant if the modulation is linear…these two signals are mixed together to derive a baseband signal 9 that contains difference frequencies that represents targets and their relative distances 7).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the apparatus of Bayesteh et al. (‘655) with the teaching of Slemp (‘160) for more accurate sensing (paragraph 64 - Slemp (‘160). In addition, both of the prior art references, (Bayesteh et al. (‘655) and Slemp (‘160)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, using continuous wave for radar sensing.
Regarding claim 27, which is dependent on claim 23, and which has the same limitation as claim 14, Bayesteh et al. (‘655) anticipates all the claimed invention as shown above for claim 14.
Allowable Subject Matter
Claim 13 is 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.
Allowable subject matter:
“to select the sensing waveform, the at least one processor is configured to select the sensing waveform, from one or more different bands based on a cost-performance ratio, as a continuous wave (CW) linear frequency modulation (LFM) waveform in a first band having a first bandwidth or as a pulse waveform in a second band having a second bandwidth, wherein the first bandwidth is larger than the second bandwidth.”
Claim 26 is 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.
Allowable subject matter:
“to select the sensing waveform, the at least one processor is configured to at least one of: select the sensing waveform as a short pulse waveform based on mono-static sensing at the UE; select the sensing waveform from one or more different bands; or select the sensing waveform, from the one or more different bands based on a cost-performance ratio, as a continuous wave (CW) linear frequency modulation (LFM) waveform in a first band having a first bandwidth or as a pulse waveform in a second band having a second bandwidth, wherein the first bandwidth is larger than the second bandwidth.”
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ji et al. (US 2021/0143879 A1) describes a base station is provided for use in a wireless communication system…the base station includes a transceiver; and a controller connected to the transceiver and configured to transmit channel feedback configuration information to a terminal, receive channel feedback information from the terminal, and perform control to transmit and receive data, based on the channel feedback information…the channel feedback information includes information indicating the state of an antenna panel of the terminal (paragraph 12).
Siomina et al. (US 9,692,584 B2) describes a radio node capable of operating in a Radio Access Network according to at least first and second Up Link/Down Link subframe configurations, wherein the first and second Up Link/Down Link subframe configurations are different…the first Up Link/Down Link subframe configuration and the second Up Link/Down Link subframe configuration may be used for operation in a first cell and a second cell respectively, and/or the first Up Link/Down Link subframe configuration and the second Up Link/Down Link subframe configuration may be used in the first cell or the second cell at non-overlapping times…a configuration message may be received at the radio node relating to the first Up Link/Down Link subframe configuration and/or the second Up Link/Down Link subframe configuration…an operation may be performed at the radio node on signals transmitted to and/or received from the first cell and/or the second cell based on the configuration message relating to the first Up Link/Down Link subframe configuration and/or the second Up Link/Down Link subframe configuration (column 6 lines 14-32).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NUZHAT PERVIN whose telephone number is (571)272-9795. The examiner can normally be reached M-F 9:00AM-5:00PM.
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Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
/NUZHAT PERVIN/Primary Examiner, Art Unit 3648
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