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 .
Response to Arguments
Applicant's arguments filed June 11, 2026 have been fully considered but they are not persuasive. In response to the applicant’s remarks (see page 9 of the remarks), the examiner notes that the applicant specification discloses excluding data for the unintended object in the set of objects from being sent to the network node via the sensing indication (paragraphs [0089]-[0090] and figure 6, step 614 of US publication no. 20240345219). While the claim limitation discloses that sensing indication includes sensing information associated with the at least one target object of the set of objects in the sensing environment based on the at least one target object, it does not exclude data for the unintended object in the set of objects from being sent to the network node via the sensing indication. Therefore, the claim is not taught, suggested, or made obvious by the specification and thus constitute new matter because it the claim includes the possibility of data for the unintended object in the set of objects being sent to the network node via the sensing indication.
Claim Objections
Claim 12 is objected to because of the following informalities: on line 6, delete “for” and replace with “to” (i.e. transmit, to a user equipment…). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 12-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 12 recites the limitation “wherein the set of objects in the sensing environment includes at least one target object and at least one unintended object, wherein the at least one target object is intended for a sensing operation and the at least one unintended object is unintended for the sensing operation; and receive, from the UE, a sensing indication that corresponds to the sensing operation, wherein the sensing indication includes sensing information associated with the at least one target object of the set of objects in the sensing environment based on the at least one target object.” The claim limitation suggests that sensing information associated with at least one of the intended and unintended target objects are received by the network node from the UE. However, the applicant’s disclosure and figures (paragraphs [0089]-[0090] and figure 6, step 614 of US publication no. 20240345219) teaches excluding data for the unintended object in the set of objects from being sent to the network node via the sensing indication. Therefore, the current claim contradicts the applicant’s specification and is not taught, suggested, or made obvious by the specification and thus constitute new matter. Claims 13-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement by virtue of being dependent on claim 12.
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 1-11 and 20 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.
Claims 1 and 20 recite the limitation “wherein the at least one target object is intended for a sensing operation and the at least one unintended object is unintended for sensing operation.” There is insufficient antecedent basis for this limitation in the claim because it is unclear as to whether the applicant is referring to the set of objects detected during the sensing operation or objects that are not detected during the claimed sensing operation. The examiner suggests correcting this issue with the amendment “wherein the at least one target object in the set of objects in the sensing environment is intended for a sensing operation and the at least one unintended object in the set of objects in the sensing environment is unintended for sensing operation.”
Claims 2-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite by virtue of being dependent on claim 1.
Allowable Subject Matter
The indicated allowability of claims 6, 7, and 9 is withdrawn in view of the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejection of claim 1 above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 OLUMIDE T AJIBADE AKONAI whose telephone number is (571)272-6496. The examiner can normally be reached Monday-Friday 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES N APPIAH can be reached at 571-272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLUMIDE AJIBADE AKONAI/Primary Examiner, Art Unit 3645
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