DETAILED ACTION
Notice of 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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. In particular, this Application is the national stage application of an international application that claims foreign priority to a Swedish application filed on 6 Aug 2021. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statements
The information disclosure statements, submitted on 30 Jan 2024 and 8 May 2025, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 11 Mar 2026 is acknowledged.
Response to Arguments
The Reply alleges Lim fails to teach “localizing the object based on the transmitted and/or received sensing signals,” as required by the independent claims 1 and 16. Reply, 9-10. The Reply states “’localizing’ in claims 1 and 16 is properly interpreted as determining the object’s position or direction.” Reply, 10. Lim executes IEEE 802.11bf WLAN sensing. Lim, ¶38. Lim uses WLAN sensing to obtain “positioning information” of an object. Lim, ¶47. For example, in the “[a]udio with user tracking” use case, WLAN sensing determines the “[l]ocalization of persons to within 0.2 m.” Lim, ¶51 (table 2 – “key performance indicator” column) (emphasis added). For the “store sensing” use case, WLAN sensing determines the “location of persons in store.” Ibid. As a result, the Examiner contends the WLAN sensing of Lim does “localiz[e] an object” as required by claims 1 and 16.
Regarding claim 20, the Reply asserts the combination of Aboba and Lim fails to teach “the recited NW-node sequence.” Reply, 11. The Reply appears to argue the combination of references in a piecemeal fashion, which fails to identify why a particular reference fails to teach a particular limitation for which it was cited as teaching. Ibid. (asserting Aboba fails to teach the “allocating” and “transmitting” limitations, which Lim is cited for teaching).
The Reply also asserts one skilled in the art would not be motivated to combine Aboba and Lim because “[a] general desire to reduce interference does not explain why a communication-interference mitigation system, such as Aboba would be modified, in view of Lim, to create and configure a sensing physical channel as recited in claim 20.” Reply, 12. The Reply does not take issue with the motivation to combine Lim and Aboba provided int the obviousness rejection of claim 14. The Non-final rejection articulated a reasoning with some rational underpinning to support the obviousness rejection based on Aboba and Lim. To further expound, Aboba is directed to interference in a WLAN network. Aboba, ¶4 (IEEE 802.11 compliant WLAN devices, such as access points); Aboba, ¶27 (identifying interfering device and taking mitigating actions). Like Aboba, Lim is also directed to a WLAN network. Lim, ¶3. As a result, both Aboba and Lim are in the same field of endeavor as the claimed invention and therefore constitute analogous art. Moreover, one skilled in the art would want to identify which frequencies have high interference, as taught by Aboba, and then not use those frequencies for the sensing subchannels of Lim. The benefit gained by the combination is that the number of subchannels that may be used for sensing, which in turn limits the number of devices that can perform sensing, is determined. Non-final Act., 18 (citing Lim, ¶105). This prevents the situation where, for example, a STA is assigned to be a sensing transmitter, but then no available resources for sending a sensing PPDU.
Specification
The amendment to the Specification provided in the Rule 111 Reply overcomes the objection found in the Non-final Rejection.
Claim Objections
Claim 12 is objected to because it recites “and/o.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 9-12, and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lim (US 20220070927).
Regarding claims 1 and 16, Lim teaches a method of a control unit for a wireless device and a control unit for a wireless device, the wireless device comprising a communication transceiver unit and a sensing/localization transceiver unit, the method comprising:
setting up a communication channel with a network (NW) node or utilizing an existing communication channel with the NW node (Lim, figure 3 – communication channel set up between sensing initiator [transmitting STA] and sensing responder [receiving STA]);
obtaining sensing configuration information for sensing and localizing an object in the surroundings of the wireless device from the NW node (Lim, ¶109 – transmitting STA provides receiving STA with a channel resource allocation for sensing),
wherein the sensing configuration information comprises information about a sensing physical channel (Lim, ¶¶108, 115 – specific subchannels are allocated to different receiving STAs),
the sensing physical channel comprising radio channel resources allocated to transmit and/or receive sensing signals (Lim, ¶¶38,102 and figure 2 – allocated sensing units [i.e. subchannels] are used to perform WLAN sensing);
transmitting and/or receiving sensing signals in the radio channel resources allocated (Lim, ¶¶101, 122 – receiving STA performs sensing operation using the allocated sensing unit or channel); and
sensing and localizing the object based on the transmitted and/or received sensing signals. Lim, ¶¶45, 52 (object sensed using Wi-Fi signals); see also id. at ¶47, 51 for determining the position of sensed objects (e.g. in table 2, WLAN sensing is used in a “store sensing” use case for determining “location of persons in store”).
Regarding claim 2, Lim also teaches wherein the allocated radio channel resources comprise frequency resources, time resources and/or spatial direction resources utilizable for performing the sensing. Lim, ¶¶116-167 (spatial streams); Lim, ¶¶98, 109 (frequency resources).
Regarding claim 3, Lim also teaches wherein the communication channel utilizes a first frequency range (Lim, ¶150 – 60 GHz band shown in figure 18), wherein the allocated radio channel resources comprise frequency resources (Lim, ¶153 – sensing unit or subchannel may be 2.16, 4.32, 6.48, or 8.64 MHz subchannels), wherein the frequency resources comprise a second frequency range and wherein the first and second frequency ranges at least partly overlap. Lim, figure 18 (each sensing unit or subchannel used for WLAN sensing in the 60 GHz band overlaps with the frequencies of the 60GHz band).
Regarding claim 4, Lim also teaches wherein the sensing physical channel is a common sensing physical channel. Lim, ¶¶52-53 (60 GHz band is used for WLAN sensing); Lim, ¶3 (60 GHz band is an unlicensed WLAN band).
Regarding claim 5, Lim also teaches wherein the sensing physical channel is a shared sensing physical channel. Lim, ¶¶105-106 (multiple STAs can perform WLAN sensing in the allocated bandwidth).
Regarding claim 9, Lim also teaches wherein setting up a communication channel with the NW node or utilizing an existing communication channel with the NW node is performed utilizing the communication transceiver unit; and/or wherein the sensing configuration information is obtained via the communication transceiver unit; and/or wherein transmitting and receiving sensing signals and/or sensing and localizing the object is performed utilizing the sensing/localization transceiver unit. Lim, figure 14 (transceiver 630); Lim, ¶¶94 and 97 (STAs transmit and receive signals during WLAN sensing via transceiver 630).
Regarding claim 10, Lim also teaches wherein the communication transceiver unit is utilized as the sensing/localization transceiver unit. Lim, ¶8 (signal transmission/reception for WLAN sensing); Lim, ¶¶93-94 (transceiver 630 executes transmission and reception of signals for STAs).
Regarding claim 11, Lim also teaches wherein the obtained sensing configuration information is combined with a predetermined rule, such as a standard rule or combined with information stored in a lookup table at the wireless device, to obtain complete sensing signal characteristics. Lim, ¶¶110-112 (information on allocated sensing unit or subchannel for WLAN sensing is combined with other information); Lim, ¶68 (e.g. table 3 shows an index corresponding to the bandwidth used for sensing).
Regarding claim 12, Lim also teaches
receiving, from the NW node, sensing configuration information indicating a portion of radio channel resources allocated for transmitting and/or receiving sensing signals (Lim, ¶¶109-110 – transmitting STA provides receiving STA with a channel resource allocation for sensing),
the portion having been allocated based on checking which radio channel resources are currently not utilized for communication with other wireless devices (Lim, ¶105 – determining the number of sensing units or subchannels that are available; Lim, ¶¶102, 160 and figure 19 - sensing unit or subchannel may be allocated to different receiving STAs, where each sensing unit or subchannel is portion of the 60GHz band [i.e. allocated a subchannel not already allocated to another STA]).
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (of record) in view of Lan (US 20180132228).
Regarding claim 13, Lim teaches the method of claim 1 and “receiving, from the NW node, sensing configuration information indicating radio channel resources” (Lim, ¶¶109-110 – transmitting STA provides receiving STA with a channel resource allocation for sensing), but does not explicitly teach (1) “transmitting radio channel measurement feedback from the wireless device to the NW node” or (2) allocated radio channel resources “based on the received radio channel measurement feedback.” However, Lan teaches an AP receiving a buffer query report (BQR) from one or more STAs. Lan, figure 2D (step 404). The BQR report provides the result of the STA measuring the energy of an assigned channel. Id. at ¶71. The AP then uses the received BQRs to allocate resource units to each STA. Id. at ¶68. At the time of the effective filing date of the invention, it would have been obvious for one of ordinary skill in the art to determine channel availability, as taught by Lan, when allocating resources for WLAN sensing, as taught by Lim, in order to efficiently assign resources to STAs by reallocating resources away from STAs that do not have a clear channel. Id. at ¶¶67-68.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (of record) in view of Aboba (US 20090124205).
Regarding claim 14, Lim teaches the method of claim 1 and receiving, from the NW node, sensing configuration information indicating a portion of radio channel resources allocated for transmitting and/or receiving sensing signals (Lim, ¶¶109-110 – transmitting STA provides receiving STA with a channel resource allocation for sensing). Lim does not explicitly teach “the frequency ranges having been determined by scanning the radio channel, determining frequency ranges with interference lower than a threshold.” However, Aboba teaches a sensing module that scans a range of frequencies (Aboba, ¶27 – cognitively sensing module scans a range of frequencies of a communication band) and compares the interference of a frequency to a threshold. Aboba, ¶28 and figure 2 (step 104 compares interference to a threshold and thus inherently determines if interference is higher, lower, or equal to the threshold). At the time of the effective filing date of the invention, it would have been obvious for one of ordinary skill in the art to identify frequencies with interference, as taught by Aboba, when allocating frequency resources for WLAN sensing, as taught by Lim, in order to adapt WLAN sensing to accommodate the interference, including changing channels. Aboba, figure 3 (e.g. step 212).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Aboba in view of Lim (both of record).
Regarding claim 20, Aboba teaches a control unit for a network (NW) node, the NW node being connectable via a wireless communication channel to a wireless device (Aboba, figure 1 – AP 14 connected to communication device 12), the control unit comprising at least one processor and memory storing instructions that, when executed by the at least one processor, cause the control unit to perform the steps:
scan the wireless communication channel (Aboba, ¶27 – cognitively sensing module scans a range of frequencies of a communication band);
determine frequency ranges with interference lower than a threshold (Aboba, ¶28 and figure 2 – step 104 compares interference to a threshold and thus inherently determines if interference is higher, lower, or equal to the threshold).
Aboba does not explicitly teach “allocat[ing] a portion of the determined frequency ranges to a sensing physical channel for transmitting and/or receiving sensing signals; and transmit[ting] sensing configuration information to the wireless device, wherein the sensing configuration information comprises information about the sensing physical channel.” Instead, Aboba teaches multiple ways of adapting to the interference, including changing channels (Aboba, ¶32), but does not mention using resources for WLAN sensing. However, Lim teaches the following:
allocat[ing] a portion of the determined frequency ranges to a sensing physical channel for transmitting and/or receiving sensing signals (Lim, ¶¶38, 102 and figure 2 – allocated sensing units [i.e. subchannels] are used to perform WLAN sensing; Lim, ¶98, 109 – allocated sensing units or subchannels may be a frequency resource within a band); and
transmit[ting] sensing configuration information to the wireless device (Lim, ¶¶109-110 – transmitting STA provides receiving STA with a channel resource allocation for sensing), wherein the sensing configuration information comprises information about the sensing physical channel. Lim, ¶¶108, 115 (specific subchannels are allocated to different receiving STAs).
At the time of the effective filing date of the invention, it would have been obvious for one of ordinary skill in the art to utilize the interference adaptation, taught by Aboba, when determining the frequency resources used for WLAN sensing, as taught by Lim, in order to determine the number of sensing units or subchannels that are available within a bandwidth and thus the number of STAs that can perform sensing. Lim, ¶105.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, includes figure 3 and ¶¶141, 146 of Lopez and paragraph 92 of Katla.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S LAMONT whose telephone number is (571)270-7514 and email address is benjamin.lamont@uspto.gov (see MPEP 502.03 for using EFS or mail, but not email to authorize electronic communications). The examiner can normally be reached M-F 7am to 3pm EST.
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/Benjamin Lamont/Primary Examiner, Art Unit 2461
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