Prosecution Insights
Last updated: April 19, 2026
Application No. 18/256,622

RADIO-BASED SENSING IN A RADIO ACCESS NETWORK

Non-Final OA §103
Filed
Jun 08, 2023
Examiner
OLALEYE, OLADIRAN GIDEON
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
LENOVO (SINGAPORE) PTE. LTD.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
91%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
76 granted / 101 resolved
+17.2% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
65 currently pending
Career history
166
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
62.2%
+22.2% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 101 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to the Request for Continued Examination (RCE) filed on 01/27/2026. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/27/2026 has been entered. Response to Amendment The Amendment filed on 01/27/2026 has been entered. Claims 1 and 3-21 are pending Claims 1, 14 and 15 are amended Claims 2 are canceled Claims 1 and 3-21 remain rejected. Claim Rejections - 35 USC § 103 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. 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. Claims 1, 3-8, 11, 14-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over DAI et al. (US 20230141170 A1), hereinafter referenced as Dai, in view of Lu et al. (US 20190349180 A1), hereinafter referenced as Lu. Regarding claims 1 Dai teaches a method performed by a user equipment ("UE") (Para. [0005]-Dai discloses user equipment for wireless communication may include a memory and one or more processors operatively coupled to the memory. Para. [0007]-Dai discloses a method of wireless communication, performed by a user equipment. Fig. 1, Para. [0004]-Dai discloses multiple access technologies have been adopted in various telecommunication standards to provide a common protocol that enables different user equipment to communicate on a municipal, national, regional, and even global level. New Radio (NR), which may also be referred to as 5G, is a set of enhancements to the LTE mobile standard promulgated by the Third Generation Partnership Project (3GPP) ... improvements in LTE, NR, and other radio access technologies. Para. [0027]-Dai discloses associated with a 5G or NR radio access technologies (RAT), aspects of the present disclosure can be applied to other RATs, such as a 3G RAT, a 4G RAT, and/or a RAT subsequent to 5G (e.g., 6G)), the method comprising: receiving, from a base station, a first configuration comprising a time-division duplex ("TDD") pattern with a first set of symbols for radio-based sensing and a second set of symbols for data channels and control channels (Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information. As shown by reference number 360, the UE 120 may perform the wireless sensing operation in accordance with the configuration information. Para. [0059]-Dai discloses the UE 120 transmits a preamble and a data payload 520, then performs the wireless sensing operation during a time period 530, then switches to transmitting a preamble and a data payload 540. Para. [0052]-Dai discloses the base station may configure the UE to perform a wireless sensing operation based at least in part on the capability information. Para. [0076]-Dai discloses the capability information indicates that the TDD multiplexing is performed based at least in part on one or more of: a symbol-level granularity. Fig. 4, Para. [0058]-Dai discloses the UE 120 is associated with a symbol-level sensing mode (corresponding to a symbol-granularity TDD multiplexing capability), the UE 120 may perform symbol-level tuning between symbols associated with a wireless sensing operation (shown by an “S” and by reference number 420) and symbols associated with an uplink transmission of the UE 120 (shown by a “U”). Para. [0052]-Dai discloses the capability information may identify, for example, whether the UE is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation, a range associated with the wireless sensing operation, a sensing bandwidth associated with the wireless sensing operation, a power control parameter associated with the wireless sensing operation, or a hardware constraint associated with the wireless sensing operation), the first configuration further comprises one or more symbols for sensing signal reception and one or more symbols for a radio-based sensing signal transmission (Fig. 4, Para. [0058]-Dai discloses the UE 120 is associated with a symbol-level sensing mode (corresponding to a symbol-granularity TDD multiplexing capability), the UE 120 may perform symbol-level tuning between symbols associated with a wireless sensing operation (shown by an “S” and by reference number 420) and symbols associated with an uplink transmission of the UE 120 (shown by a “U”). Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like), the one or more symbols for sensing signal transmission are different from the one or more symbols for sensing signal reception (Fig. 5, Para. [0059]-Dai discloses the sensing mode in example 500 may be configured independently of a symbol or slot structure of the UE 120, leading to increased flexibility of wireless sensing and conserving communication resources of the UE 120, which may be useful for low-capability UEs. Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information. Para. [0067]-Dai discloses the capability information may indicate whether the UE 120 uses a full-duplex mode {corresponding to radio-based sensing symbol for simultaneous transmission/reception} or a half-duplex mode {corresponding to transmission-only radio-based sensing symbol or reception-only radio-based sensing symbol} for the wireless sensing operation. As another example, the capability information may indicate whether the UE 120 supports the full-duplex mode for the wireless sensing operation. Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like. (See also Para. [0058]). Para. [0076]-Dai discloses the capability information indicates that the TDD multiplexing is performed based at least in part on one or more of: a symbol-level granularity); transmitting the radio-based sensing signal according to the first configuration and the second configuration (Para. [0059]-Dai discloses the UE 120 transmits a preamble and a data payload 520, then performs the wireless sensing operation during a time period 530, then switches to transmitting a preamble and a data payload 540. Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like. Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. Para. [0052]-Dai discloses the base station may configure the UE to perform a wireless sensing operation based at least in part on the capability information. Para. [0052]-Dai discloses the capability information may identify, for example, whether the UE is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation. Para. [0051]-Dai discloses communication device may be capable of switching on a symbol level. Furthermore, as a subcarrier spacing becomes wider, a corresponding slot length may become shorter); and performing a data channel or a control channel transmission according to the first configuration and the second configuration (Para. [0059]-Dai discloses the UE 120 transmits a preamble and a data payload 520, then performs the wireless sensing operation during a time period 530, then switches to transmitting a preamble and a data payload 540. Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. Para. [0052]-Dai discloses the base station may configure the UE to perform a wireless sensing operation based at least in part on the capability information. Para. [0052]-Dai discloses the capability information may identify, for example, whether the UE is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation. Para. [0051]-Dai discloses communication device may be capable of switching on a symbol level. Furthermore, as a subcarrier spacing becomes wider, a corresponding slot length may become shorter). Dai fails to teach receiving, from the base station, a second configuration. However, Lu teaches receiving, from the base station, a second configuration comprising one or more of: a waveform type indication, a subcarrier spacing ("SCS") value, or a carrier bandwidth for transmission or reception of radio-based sensing signals (Para. [0005]-Lu discloses the network configuring a UE (User Equipment) with a plurality of DL (Downlink) BWPs (Bandwidth Parts) of a serving cell, wherein the plurality of DL BWPs comprises a first DL BWP with a first SCS (Sub-Carrier Spacing) and a second DL BWP with a second SCS, wherein the second SCS is different from the first SCS. The method further includes the network configuring the UE with a first monitoring occasion for indicating slot format indication (SFI) in the first DL BWP by indicating a first slot offset and a first slot periodicity. The method also includes the network configuring the UE with a second monitoring occasion for indicating slot format indication (SFI) in the second DL BWP by indicating a second slot offset, and a second slot periodicity). Dai and Lu are considered to be analogous to the claimed invention because they are in the same field of wireless communication network, dealing with method and apparatus for determining slot configuration in a wireless communication system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Dai to incorporate the teachings of Lu on UE/Base station connectivity configuration, with a motivation for a second configuration from the base station, and guarantee high data throughput in order to realize voice over IP and multimedia services, (Lu, Para. [0004]). Regarding claims 3 and 16, Dai in view of Lu teaches the method of claim 1 and The base station of claim 15 respectively, Dai further teaches the first configuration comprises an indication of single type of radio-based sensing symbol to be used for concurrent transmission and reception of a radio-based sensing signal (Fig. 4, Para. [0058]-Dai discloses the UE 120 is associated with a symbol-level sensing mode (corresponding to a symbol-granularity TDD multiplexing capability), the UE 120 may perform symbol-level tuning between symbols associated with a wireless sensing operation (shown by an “S” and by reference number 420) and symbols associated with an uplink transmission of the UE 120 (shown by a “U”). Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like). Regarding claims 4 and 17, Dai in view of Lu teaches the method of claim 1 and The base station of claim 15 respectively, Dai further teaches the first configuration comprises an indication of a radio-based sensing symbol that is to be separately indicated for a particular use selected from: downlink communication, uplink communication, radio- based sensing signal transmission, and radio-based sensing signal reception (Fig. 5, Para. [0059]-Dai discloses the sensing mode in example 500 may be configured independently of a symbol or slot structure of the UE 120, leading to increased flexibility of wireless sensing and conserving communication resources of the UE 120, which may be useful for low-capability UEs. As shown by reference number 570, the UE 120 may perform a wireless sensing operation during a discontinuous reception idle mode or a discontinuous reception inactive mode. In some aspects, the UE 120 may perform periodic physical random access channel (PRACH) operation to synchronize with the BS 110, as shown by reference number 580. The sensing mode in example 510 may reduce interruption to data communications of the UE 120, thereby increasing throughput). Regarding claim 5, Dai in view of Lu teaches the method of claim 1, Dai further teaches the first configuration is a dedicated configuration for a specific UE (Para. [0067]-Dai discloses the capability information may indicate an antenna configuration for the wireless sensing operation. In this case, the capability information may indicate whether the UE 120 is associated with one or more dedicated antennas for the wireless sensing operation, or whether one or more antennas for the wireless sensing operation are shared for communication purposes during the wireless sensing operation. Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information). Regarding claim 6, Dai in view of Lu teaches the method of claim 1, Dai further teaches the first configuration is a common configuration for all UEs in a serving cell (Para. [0067]-Dai discloses the capability information may indicate an antenna configuration for the wireless sensing operation. In this case, the capability information may indicate whether the UE 120 is associated with one or more dedicated antennas for the wireless sensing operation, or whether one or more antennas for the wireless sensing operation are shared for communication purposes during the wireless sensing operation. Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information). Regarding claims 7 and 18, Dai in view of Lu teaches the method of claim 1 and The base station of claim 15 respectively, Dai further teaches receiving a separate configuration indicating a radio-based sensing symbol that overrides a symbol type of the first configuration (Para. [0051]-Dai discloses a wireless sensing operation may involve switching or tuning between a radio frequency (RF) configuration associated with the wireless sensing operation and an RF configuration associated with communication of the wireless communication device. Different wireless communication devices may be capable of switching on different time scales. For example, a less sophisticated wireless communication device may only be capable of switching on a slot level or even a super-slot level of granularity, whereas a more sophisticated wireless communication device may be capable of switching on a symbol level. Fig. 4, Para. [0058]-Dai discloses the UE 120 is associated with a symbol-level sensing mode (corresponding to a symbol-granularity TDD multiplexing capability), the UE 120 may perform symbol-level tuning between symbols associated with a wireless sensing operation (shown by an “S” and by reference number 420) and symbols associated with an uplink transmission of the UE 120 (shown by a “U”)). Regarding claims 8 and 19, Dai in view of Lu teaches the method of claim 1 and The base station of claim 15 respectively, Dai further teaches the second configuration indicates one or more of: a first bandwidth part ("BWP") for transmission and reception of the radio-based sensing signals, a second BWP for transmission and reception of the data channels and control channels, a first SCS value for the radio-based sensing signals, or a second SCS value for the data channels and control channels (Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information. Para. [0005]-Dai discloses the capability information identifying at least one of: whether the user equipment is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation, a range associated with the wireless sensing operation, a sensing bandwidth associated with the wireless sensing operation, a power control parameter associated with the wireless sensing operation, or a hardware constraint associated with the wireless sensing operation. Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like. Para. [0051]-Dai discloses more sophisticated wireless communication device may be capable of switching on a symbol level. Furthermore, as a subcarrier spacing becomes wider, a corresponding slot length may become shorter. Therefore, different UEs may be capable of wireless sensing operations at different minimum time scales and different bandwidths). Regarding claims 11 and 21, Dai in view of Lu teaches the method of claim 1 and The base station of claim 15 respectively, Dai further teaches the waveform type indication comprises a mapping table that maps a waveform type for transmission and reception of the radio-based sensing signals to one or more of: a SCS value, a frequency range value, or a carrier bandwidth size (Para. [0005]-Dai discloses the capability information identifying at least one of: whether the user equipment is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation. Para. [0063]-Dai discloses the capability information may indicate a sensing granularity by reference to a table. For example, an index of the capability information may indicate a sensing granularity value defined by the table. Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like). Regarding claim 14, Dai teaches a user equipment ("UE") for wireless communication comprising: at least one memory; and at least one processor coupled with the at least one memory (Para. [0005]-Dai discloses user equipment for wireless communication may include a memory and one or more processors operatively coupled to the memory. Para. [0007]-Dai discloses a method of wireless communication, performed by a user equipment. Fig. 1, Para. [0004]-Dai discloses multiple access technologies have been adopted in various telecommunication standards to provide a common protocol that enables different user equipment to communicate on a municipal, national, regional, and even global level. New Radio (NR), which may also be referred to as 5G, is a set of enhancements to the LTE mobile standard promulgated by the Third Generation Partnership Project (3GPP) ... improvements in LTE, NR, and other radio access technologies. Para. [0027]-Dai discloses associated with a 5G or NR radio access technologies (RAT), aspects of the present disclosure can be applied to other RATs, such as a 3G RAT, a 4G RAT, and/or a RAT subsequent to 5G (e.g., 6G)), while {the rest of the limitations in claim 14 are taught as in claim 1 above}. Regarding claim 15, Dai teaches a base station for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory (Para. [0005]-Dai discloses user equipment for wireless communication may include a memory and one or more processors operatively coupled to the memory. Para. [0007]-Dai discloses a method of wireless communication, performed by a user equipment. Fig. 1, Para. [0004]-Dai discloses multiple access technologies have been adopted in various telecommunication standards to provide a common protocol that enables different user equipment to communicate on a municipal, national, regional, and even global level. New Radio (NR), which may also be referred to as 5G, is a set of enhancements to the LTE mobile standard promulgated by the Third Generation Partnership Project (3GPP) ... improvements in LTE, NR, and other radio access technologies. Para. [0027]-Dai discloses associated with a 5G or NR radio access technologies (RAT), aspects of the present disclosure can be applied to other RATs, such as a 3G RAT, a 4G RAT, and/or a RAT subsequent to 5G (e.g., 6G)), while {the rest of the limitations in claim 15 are taught as in claim 1 above}. Claims 9-10, 12-13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over DAI et al. (US 20230141170 A1), hereinafter referenced as Dai, in view of Lu et al. (US 20190349180 A1), hereinafter referenced as Lu, and further in view of Li et al. (US 20130223398 A1), hereinafter referenced as Li. Regarding claims 9 and 20, Dai in view of Lu teaches the method of claim 1 and The base station of claim 15 respectively, Dai further teaches transmitting the radio-based sensing signal comprises using a BWP activated for uplink and/or downlink ("UL/DL") communications (Para. [0058]-Dai discloses the UE 120 may perform slot-level tuning between a frequency associated with a wireless sensing operation (shown by “Sensing slot” and by reference number 430) and a frequency associated with an uplink transmission of the UE 120 (shown by “Data slot”). Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information. Para. [0005]-Dai discloses the capability information identifying at least one of: whether the user equipment is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation, a range associated with the wireless sensing operation, a sensing bandwidth associated with the wireless sensing operation, a power control parameter associated with the wireless sensing operation, or a hardware constraint associated with the wireless sensing operation. Para. [0051]-Dai discloses more sophisticated wireless communication device may be capable of switching on a symbol level. Furthermore, as a subcarrier spacing becomes wider, a corresponding slot length may become shorter. Therefore, different UEs may be capable of wireless sensing operations at different minimum time scales and different bandwidths). Dai fails to teach the second configuration lacks an indication of a separate bandwidth part ("BWP") for the radio-based sensing signals. However, Li teaches the second configuration lacks an indication of a separate bandwidth part ("BWP") for the radio-based sensing signals (Para. [0077]-Li discloses utilizing parameters in a second configuration message communicated downlink between the network access node and the user equipment for setting at least a second sensing time during which the user equipment performs further spectrum sensing). Li is considered to be analogous it is in the same field of wireless communication systems, dealing with communications in heterogeneous networks. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Dai in view of Lu to incorporate the teachings of Li on spectrum sensing, with a motivation for a second configuration from the RAN node, and guarantee an efficient arrangement for organizing spectrum sensing, which may be used to find the D2D secondary link 105s onto which offload traffic might be ported, (Li, Para. [0026]). Regarding claim 10, Dai in view of Lu and Li teaches the method of claim 9, Dai further teaches transmitting the radio-based sensing signal comprises using a BWP that is associated with a highest SCS value (Para. [0051]-Dai discloses more sophisticated wireless communication device may be capable of switching on a symbol level. Furthermore, as a subcarrier spacing becomes wider, a corresponding slot length may become shorter. Therefore, different UEs may be capable of wireless sensing operations at different minimum time scales and different bandwidths). Dai fails to teach multiple BWP are activated for UL/DL communications, However, Lu teaches multiple BWP are activated for UL/DL communications (Para. [0345]-Lu discloses UE switches its active BWP to a BWP with different SCS (subcarrier spacing) from current or original active BWP, how UE applies SFI received in current/original BWP on new active BWP needs further discussed. There are two different cases in this issue: BWP switching from lower SCS BWP to higher SCS BWP and from higher SCS BWP. Para. [0165-0166]-lu discloses the DL and UL reference SCSs are the same, for each pair of values in the configuration for an SFI entry, even location value is for DL BWP, and odd location value is for UL BWP [0166] If DL reference SCS is higher than the UL reference SCS, K is the SCS ratio between DL reference SCS and UL reference SCS (K>1), use a (K+1) values for the SFI configuration for each reference UL slot (or K DL reference slots), with the first K values in the (K+1) values being the SFI for the K DL reference slots, and the last value for the one UL reference slot. (See also Para. [0381])), and transmitting the radio-based sensing signal comprises using a BWP that is associated with a highest SCS value (Para. [0345]-Lu discloses UE switches its active BWP to a BWP with different SCS (subcarrier spacing) from current or original active BWP, how UE applies SFI received in current/original BWP on new active BWP needs further discussed. There are two different cases in this issue: BWP switching from lower SCS BWP to higher SCS BWP and from higher SCS BWP. Para. [0165-0166]-lu discloses the DL and UL reference SCSs are the same, for each pair of values in the configuration for an SFI entry, even location value is for DL BWP, and odd location value is for UL BWP [0166] If DL reference SCS is higher than the UL reference SCS, K is the SCS ratio between DL reference SCS and UL reference SCS (K>1), use a (K+1) values for the SFI configuration for each reference UL slot (or K DL reference slots), with the first K values in the (K+1) values being the SFI for the K DL reference slots, and the last value for the one UL reference slot). Lu is considered to be analogous it is in the same field of wireless communication network, dealing with method and apparatus for determining slot configuration in a wireless communication system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Dai in view of Li to incorporate the teachings of Lu on UL and DL, with a motivation for multiple BWP for communication, and guarantee high data throughput in order to realize voice over IP and multimedia services, (Lu, Para. [0004]). Regarding claim 12, Dai in view of Lu teaches the method of claim 1, Dai fails to teach applying a configured guard band gap when switching between a symbol for the radio- based sensing and a symbol for the data channels and control channels. However, Li teaches applying a configured guard band gap when switching between a symbol for the radio- based sensing and a symbol for the data channels and control channels (Figs. 2-3, Para. [0044]-Li discloses the GP in subframe #1 for spectrum sensing, since that is always a switching subframe and so is available always regardless of the TDD UL-DL configuration currently in use. The other switching subframe #6 can also be utilized for spectrum sensing purposes when configurations 0 though 2 and 6 are in use. Para. [0048]-Li discloses the GP {Guard Period} in the LTE-TDD frame structure for sensing the shared band 105s for local area communication. In one example, where needed consecutive symbols or one or more sub-frames around the GP in the LTE-TDD frame is used for fine sensing, and the eNB 101 may configure the GP and/or other feasible sub-frames based on the requirement of the sensing mechanism corresponding to the sensed band). Li is considered to be analogous it is in the same field of wireless communication systems, dealing with communications in heterogeneous networks. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Dai in view of Lu to incorporate the teachings of Li on spectrum sensing, with a motivation to apply guard band gap when switching between sensing and data symbol, and guarantee an efficient arrangement for organizing spectrum sensing, which may be used to find the D2D secondary link 105s onto which offload traffic might be ported, (Li, Para. [0026]). Regarding claim 13, Dai in view of Lu and Li teaches the method of claim 12, Dai further teaches a SCS value configured for the radio-based sensing signal is different than a SCS value configured for the data channel or the control channel transmission (Para. [0051]-Dai discloses a wireless sensing operation may involve switching or tuning between a radio frequency (RF) configuration associated with the wireless sensing operation and an RF configuration associated with communication of the wireless communication device. Different wireless communication devices may be capable of switching on different time scales. For example, a less sophisticated wireless communication device may only be capable of switching on a slot level or even a super-slot level of granularity, whereas a more sophisticated wireless communication device may be capable of switching on a symbol level. Furthermore, as a subcarrier spacing becomes wider, a corresponding slot length may become shorter. Therefore, different UEs may be capable of wireless sensing operations at different minimum time scales and different bandwidths. Similarly, wireless communication device capabilities may differ with regard to sensing granularity levels (e.g., a resolution at which a wireless communication device can determine distance, velocity, or angle), a range of a wireless sensing operation, a bandwidth usable for a sensing operation, a power control level associated with a wireless sensing operation, one or more hardware constraints associated with a wireless sensing operation, and/or the like). Dai fails to teach receiving a mapping between multiple values of guard band gaps and multiple values of SCS. However, Lu teaches receiving a mapping between multiple values of guard band gaps and multiple values of SCS (Para. [0384]-Lu discloses if SCS of a BWP is 4 times of a reference SCS, NW may configure monitoring occasion in the BWP with a restriction aligning slot boundary of reference SCS and/or aligning half slot boundary of reference SCS. The set of entries may exclude an entry indicating a slot format that UE (i.e. slot format as {DDDDDDDUUUUUUU}). The set of entries may include an entry indicating a slot format that UE does not have enough transition time or transition gap between downlink transmission and uplink transmission (i.e. slot format as {DDDDDDDUUUUUUU})). Lu is considered to be analogous it is in the same field of wireless communication network, dealing with method and apparatus for determining slot configuration in a wireless communication system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Dai in view of Li to incorporate the teachings of Lu on subcarrier spacing (SCS), with a motivation for SCS versus guard band gap mapping, and guarantee high data throughput in order to realize voice over IP and multimedia services, (Lu, Para. [0004]). Response to Arguments Applicant's Arguments/Remarks, filed on 01/27/2026, with respect to the 35 USC § 103 rejection of claims 1 and 3-21 have been fully considered. Applicant’s arguments are not persuasive. In the remarks, on page 9, Lines [3-9], Applicant argues that, “Dai fails to describe receiving, from a base station, ( or transmitting, to a UE) a first configuration comprising a TDD pattern with a first set of symbols for radio-based sensing and a second set of symbols for data channels and control channels, wherein the first configuration further comprises one or more symbols for sensing signal reception and one or more symbols for a radio-based sensing signal transmission, wherein the one or more symbols for sensing signal transmission are different from the one or more symbols for sensing signal reception, as recited in amended claims 1, 14, and 15.” However, Dai teaches receiving, from a base station, a first configuration comprising a time-division duplex ("TDD") pattern with a first set of symbols for radio-based sensing and a second set of symbols for data channels and control channels (Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information. As shown by reference number 360, the UE 120 may perform the wireless sensing operation in accordance with the configuration information. Para. [0059]-Dai discloses the UE 120 transmits a preamble and a data payload 520, then performs the wireless sensing operation during a time period 530, then switches to transmitting a preamble and a data payload 540. Para. [0052]-Dai discloses the base station may configure the UE to perform a wireless sensing operation based at least in part on the capability information. Para. [0076]-Dai discloses the capability information indicates that the TDD multiplexing is performed based at least in part on one or more of: a symbol-level granularity. Fig. 4, Para. [0058]-Dai discloses the UE 120 is associated with a symbol-level sensing mode (corresponding to a symbol-granularity TDD multiplexing capability), the UE 120 may perform symbol-level tuning between symbols associated with a wireless sensing operation (shown by an “S” and by reference number 420) and symbols associated with an uplink transmission of the UE 120 (shown by a “U”). Para. [0052]-Dai discloses the capability information may identify, for example, whether the UE is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation, a range associated with the wireless sensing operation, a sensing bandwidth associated with the wireless sensing operation, a power control parameter associated with the wireless sensing operation, or a hardware constraint associated with the wireless sensing operation), wherein the first configuration further comprises one or more symbols for sensing signal reception and one or more symbols for a radio-based sensing signal transmission (Fig. 4, Para. [0058]-Dai discloses the UE 120 is associated with a symbol-level sensing mode (corresponding to a symbol-granularity TDD multiplexing capability), the UE 120 may perform symbol-level tuning between symbols associated with a wireless sensing operation (shown by an “S” and by reference number 420) and symbols associated with an uplink transmission of the UE 120 (shown by a “U”). Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like), wherein the one or more symbols for sensing signal transmission are different from the one or more symbols for sensing signal reception ( Fig. 5, Para. [0059]-Dai discloses the sensing mode in example 500 may be configured independently of a symbol or slot structure of the UE 120, leading to increased flexibility of wireless sensing and conserving communication resources of the UE 120, which may be useful for low-capability UEs. Fig. 3, Para. [0068]-Dai discloses the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information. Para. [0067]-Dai discloses the capability information may indicate whether the UE 120 uses a full-duplex mode {corresponding to radio-based sensing symbol for simultaneous transmission/reception} or a half-duplex mode {corresponding to transmission-only radio-based sensing symbol or reception-only radio-based sensing symbol} for the wireless sensing operation. As another example, the capability information may indicate whether the UE 120 supports the full-duplex mode for the wireless sensing operation. Para. [0050]-Dai discloses wireless sensing operation may include transmission of a waveform by a transmission component of a wireless communication device, sensing of reflected signals by a reception component of the wireless communication device, signal processing to correlate transmitted signals with received signals, and processing to identify an object, action, and/or the like. (See also Para. [0058]). Para. [0076]-Dai discloses the capability information indicates that the TDD multiplexing is performed based at least in part on one or more of: a symbol-level granularity). Conclusion Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure. YANG et al. (US 20200044796 A1)-discloses Para. [0202]-Yang discloses at least one of the sensing/measurement signal or the DL/UL RS use different subcarrier spacings or the same subcarrier spacing. Optionally, at least one of the sensing/measurement signal or the DL/UL RS in the time interval and the data use different subcarrier spacings or the same subcarrier spacing…. …Fig. 1-5 FU et al. (US 20190349898 A1)-discloses method of transmitting data is provided. The method of transmitting data includes transmitting, to a user equipment (UE), information on frequency domain resources of at least one subband on which carrier sensing is to be performed, performing carrier sensing on the at least one subband, and allocating idle resources within one or more subbands to the UE, and transmitting to the UE control information indicating the resources allocated to the UE. The disclosure also provides a method of transmitting a HARQ-ACK, a method of transmitting an OFDM symbol, a base station, a UE, and a computer readable medium…. …Fig. 1-5 Tiirola et al. (US 20220287088 A1)-discloses a method may include determining, by a wireless node in a cell, a silent resource pattern for each of a plurality of signal waveform types including at least a single carrier waveform type and a multicarrier waveform type, wherein each silent resource pattern identifies one or more resource elements that are indicated as unused by at least one node of the cell for the signal waveform type; determining, by the wireless node, whether a signal waveform type, of the plurality of signal waveform types, for channel sensing is known by the wireless node; performing, by the wireless node if a signal waveform type for channel sensing is known by the wireless node, channel sensing based on a silent resource pattern for a known signal waveform type for channel sensing of the plurality of signal waveform types; and otherwise, performing, by the wireless node if the signal wave form type for channel sensing is not known by the wireless node, channel sensing based on a silent resource pattern for each of a plurality of the signal waveform types.… …Fig. 1-5 Aldana et al. (US 20200120458 A1)-discloses A communication device for a vehicular radio communications includes one or more processors configured to identify a plurality of vehicular communication devices that form a cluster of cooperating vehicular communication devices, determine channel resource allocations for the plurality of vehicular communication devices that includes channel resources allocated for a first vehicular radio communication technology and channel resources allocated for a second vehicular radio communication technology, and transmit the channel resource allocation to the plurality of vehicular communication devices…. …Fig. 1-5 LIU et al. (US 20220345188 A1)-discloses A method includes: A first node sends a threshold and a first packet to a second node. Correspondingly, the second node receives the threshold and the first packet from the first node. Then, the second node determines first channel state information CSI based on the first packet. If a change amount of the first CSI relative to preset CSI exceeds the threshold, the second node sends a second packet to the first node. If the change amount of the first CSI relative to the preset CSI does not exceed the threshold, the second node does not need to send the second packet to the first node. The method is applied to a radio sensing process…. …Fig. 1-5 Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OO/ Examiner, Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Jun 08, 2023
Application Filed
Jun 28, 2025
Non-Final Rejection — §103
Oct 02, 2025
Response Filed
Oct 20, 2025
Final Rejection — §103
Jan 27, 2026
Request for Continued Examination
Feb 01, 2026
Response after Non-Final Action
Mar 08, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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2y 5m to grant Granted Jan 27, 2026
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
75%
Grant Probability
91%
With Interview (+15.4%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 101 resolved cases by this examiner. Grant probability derived from career allow rate.

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