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 Amendment
Applicant’s response, filed 5 May 2026, has been entered and carefully considered.
Claims 1, 15, 18, and 28-30 are amended.
Claim 14 is canceled.
Claims 31-33 are newly added.
Claims 1-13 and 15-33 are currently pending, though Claims 10 and 19-27 are withdrawn from consideration.
The Office notes that withdrawn Claim 19 depends on canceled Claim 14.
The outstanding objection to Claim 18 is withdrawn in light of Applicant’s amendment to said claim.
The outstanding rejections of Claims 1-8, 11, 12, 28 and 29 under 35 U.S.C. 102(a)(2) and Claims 9, 10, 13, 15-18 under 35 U.S.C. 103 are withdrawn in light of Applicant’s amendment to Claims 1, 28 and 29.
The outstanding rejection of Claim 30 under 35 U.S.C. 103 is withdrawn in light of Applicant’s amendment to said claim.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 28-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 15-18 and 31-33 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.
Regarding Claim 15, independent Claim 1, upon which Claim 15 depends, recites “each of the one or more guard periods having a guard period duration; and wherein the guard period duration (a) spans an integer number of one or more communication symbols or (b) is less than one communication symbol.” As drafted, Claim 1 recites two mutually exclusive alternatives for the guard period duration. Claim 15 recites “the guard period spans an integer number of one or more communication symbols.” However, if option (b) is selected for Claim 1, then Claim 15 is subsequently unclear because the guard period duration cannot simultaneously be both less than one communication symbol and span an integer number of one or more communication symbols. Accordingly, the scope of Claim 15 is indefinite. Claims 16-18 are rejected by virtue of dependency on Claim 15.
Regarding Claim 31, independent Claim 1, upon which Claim 31 depends, recites “each of the one or more guard periods having a guard period duration; and wherein the guard period duration (a) spans an integer number of one or more communication symbols or (b) is less than one communication symbol.” Claim 31 recites “the guard period is less than one communication symbol.” However, if option (a) is selected for Claim 1, then Claim 31 is subsequently unclear because the guard period duration cannot simultaneously be both less than one communication symbol and span an integer number of one or more communication symbols. Accordingly, the scope of Claim 31 is indefinite. Claims 32 and 33 are rejected by virtue of dependency on Claim 31.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 15 and 31 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding Claim 15, independent Claim 1, upon which Claim 15 depends, recites “each of the one or more guard periods having a guard period duration; and wherein the guard period duration (a) spans an integer number of one or more communication symbols or (b) is less than one communication symbol.” As drafted, Claim 1 recites two mutually exclusive alternatives for the guard period duration. Claim 15 solely recites “the guard period spans an integer number of one or more communication symbols,” which repeats the alternative listed in Claim 1. Therefore, Claim 15 does not further limit the scope of Claim 1.
Regarding Claim 31, independent Claim 1, upon which Claim 31 depends, recites “each of the one or more guard periods having a guard period duration; and wherein the guard period duration (a) spans an integer number of one or more communication symbols or (b) is less than one communication symbol.” Claim 31 solely recites “the guard period is less than one communication symbol,” which repeats the alternative listed in Claim 1. Therefore, Claim 31 does not further limit the scope of Claim 1.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8, 11-13, 15-18, 28, 29 and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al (United States Pre-Grant Publication 2025/0365565), hereinafter Tang, in view of Bayesteh et al (United States Patent 11474197), hereinafter Bayesteh, and Sun et al (United States Pre-Grant Publication 2020/0287679), hereinafter Sun.
Regarding Claim 1, Tang discloses a method of receiving signals for communication and sensing comprising:
receiving, at a communication device, one or more sensing signals within an air interface frame structure, the air interface frame structure comprising a plurality of slots, each slot comprising a plurality of symbols in a time domain, the air interface frame structure further comprising a plurality of carriers, each carrier comprising a plurality of subcarriers in a frequency domain, wherein the one or more sensing signals occupy a first subset of symbols in the plurality of symbols of the air interface frame structure (paragraph 0202- the frame structure of an integrated sensing and communication signal is disclosed (further described with regards to subframe duration and slot configuration in paragraphs 0111-0112); paragraphs 0206-0207 and Figures 5A-5B – receiver nodes receives a sensing and communication (SAC) signal; paragraph 0239 and Figure 6C – sensing symbols are multiplexed in frequency and time domains such that each of first and second frequency bands transmit sensing symbols multiplexed in time); and
receiving, at the communication device, one or more communication signals within the air interface frame structure, wherein the one or more communication signals occupy a second subset of symbols in the plurality of symbols of the air interface frame structure (paragraphs 0206-0207 and Figures 5A-5B – receiver nodes receives a sensing and communication (SAC) signal; paragraph 0239 and Figure 6C – communication symbols are multiplexed with sensing symbols in frequency and time domains such that each of first and second frequency bands transmit communication symbols multiplexed in time),
wherein the one or more sensing signals comprise one or more sensing waveforms, each of the one or more sensing waveforms being associated with a sensing waveform symbol duration, the sensing waveform symbol duration being aligned with one or more symbol boundaries of the air interface frame structure (paragraph 0247 – the sensing symbol comprises one or more chirp signals with a time duration Ts; paragraph 0241 – parameters of the sensing symbols in the SAC signal are configured to ensure alignment of sensing symbols and communication symbols),
wherein the one or more communication signals comprise one or more communication symbols, each of the one or more communication symbols being associated with a communication symbol duration, the communication symbol duration being aligned with one or more symbol boundaries of the air interface frame structure (paragraphs 0269-0270 – each OFDM symbol has a time duration that is the same as sensing symbols in order to align with starting and ending time boundaries in the frame structure),
wherein the sensing waveform symbol duration is greater than or equal to the communication symbol duration (paragraph 0270 – sensing symbols and communication symbols have the same time (i.e., equal) duration).
However, Tang does not disclose the communication device supports (1) a first type of transition occurring during the slot, from a transmission of one or more consecutive communication symbols to a transmission of one or more consecutive sensing symbols (Bayesteh at Figures 3B and 3C – transition from uplink communication slots to sensing slots) and (2) a second type of transition occurring during the slot, from a transmission of one or more consecutive sensing symbols to a transmission of one or more consecutive communication symbols (Bayesteh at Figures 3B and 3C – transition from sensing slots to downlink communication slots). In an analogous art, Bayesteh discloses this. Specifically, Bayesteh discloses, at Figures 3B and 3C, transition from uplink communication slots to sensing slots (i.e., the first type) and transition from sensing slots to downlink communication slots (i.e., the second type). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
However, the aforementioned references do not disclose one or more guard periods are defined to separate the transmission of the one or more consecutive communication symbols and the transmission of the one or more consecutive sensing symbols, each of the one or more guard periods having a guard period duration; and wherein the guard period duration (a) spans an integer number of one or more communication systems or (b) is less than one communication symbol. It is first noted that limitation (a) is claimed in the alternative to limitation (b) and is not required as part of the broadest reasonable interpretation of the claim language. In an analogous art, Sun discloses this feature (inclusive of limitation (b)). Specifically, Sun discloses a guard interval (Figure 4A or 4B – GI 410) that has a smaller duration than communication symbol 425, where the guard intervals separate symbols of different types (e.g., separating DMRS symbol periods from data symbol periods) (refer to paragraphs 0108-0109). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang / Bayesteh with Sun. One would have been motivated to do so in order to eliminate inter-symbol interference between the different types of symbols.
Claim 28 is directed to a method of transmitting the signals claimed as being received in Claim 1. Noting that Tang discloses a SAC node being a transmitter node (paragraphs 0205-0207 and Figures 5A-5B), the remaining limitations specific to the sensing signals and communication signals are rejected for the same reasons as detailed above for Claim 1.
Regarding Claim 2, Tang discloses the one or more sensing signals comprise one or more frequency modulated continuous wave (FMCW) signals (paragraph 0202 – examples of waveforms that can be used for a sensing signal are FMCW or chirps).
Regarding Claim 3, Tang discloses the one or more communication signals comprise one or more orthogonal frequency-division multiplexing (OFDM) signals (paragraph 0228 – the communication symbols are OFDM symbols).
Regarding Claim 4, Tang discloses the one or more sensing signals occupy one or more sensing signal bandwidths (paragraph 0234 – each symbol has a frequency bandwidth), wherein the one or more communication signals occupy one or more communication signal bandwidths (paragraph 0234 – each symbol has a frequency bandwidth), wherein the one or more sensing signal bandwidths at least partially overlap the one or more communication signal bandwidths (paragraph 0235 – sensing symbols and communication symbols have the same bandwidth and be transmitted together over respective frequency bands (as shown in Figures 6A and 6C), and wherein the one or more sensing signal bandwidths and the one or more communication signal bandwidths are separately configurable (paragraphs 0232-0235, 0247, and 0269-0270 – the sensing symbols and communication symbols have respective configurations).
Regarding Claim 5, Tang discloses the sensing waveform symbol duration is equal to the communication symbol duration (paragraph 0270 – sensing symbols and communication symbols have the same time duration).
Regarding Claim 6, Tang discloses each of the one or more sensing signals spans one or more sensing slots comprising a first subset of the plurality of slots of the air interface frame structure (Figure 6A and paragraph 0237 – sensing symbols 322 are multiplexed with communication symbols), and wherein each of the one or more communication signals spans one or more communication slots comprising a second subset of the plurality of slots of the air interface frame structure (Figure 6A and paragraph 0237 – communication symbols 320 are multiplexed with sensing symbols).
Regarding Claim 7, Tang discloses the one or more sensing slots and the one or more communication slots are defined based on a periodic schedule within the air interface frame structure (paragraph 0123 – frames/slots/symbols can have different frame periods; Figure 6A and paragraph 0237 – the sensing slots and communication slots have equal duration and are arranged in a periodic fashion (i.e., repeating alternating sequence).
Regarding Claim 8, Tang discloses the periodic schedule is defined using at least (1) a sensing offset parameter (paragraph 0230 – each sensing symbol has a time offset), (2) a sensing period parameter (Figures 6A-6C, which depict the periodic nature of the sensing symbols), and (3) a sensing duration parameter (paragraph 0230 – each sensing symbol has a time duration).
Regarding Claim 11, Tang discloses the one or more sensing slots are configurable between (1) an activated state in which the one or more sensing slots are used for sensing signals and (2) a deactivated state in which the one or more sensing slots are used for communication signals (Figures 6A-6C and paragraphs 0237-0239 – where slots can be utilizing either as sensing symbols (i.e., activated state for sensing) or communication symbols (i.e., deactivated state for sensing)).
Regarding Claim 12, Tang discloses the communication device supports receiving one or more consecutive communication symbols and receiving one or more consecutive sensing symbols during a slot of the plurality of slots (Figures 6B and 6C – a sensing symbol and a communication symbol can both be received in a slot).
Regarding Claim 13, the combination of Tang, Bayesteh, and Sun further discloses receiving, at the communication device, a first slot configuration parameter specifying a number of consecutive sensing symbols and a second slot configuration parameter specifying a starting sensing symbol (Bayesteh at Figures 3B and 3C and column 18, lines 20-38 - multiple sensing slots can be followed by multiple communication slots (illustrated as downlink “D” slots) and a frame structure component specifies transmission state or direction, or both for each symbol in a frame (i.e., indicating that each symbol will be configured as either uplink, downlink, or sensing) and symbol duration). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Tang and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
Regarding Claim 15, the combination of Tang, Bayesteh and Sun discloses the limitations of Claim 1. As noted in the rejections of Claim 1 under 35 U.S.C. 112(d) above, Claim 15 repeats one of the alternatives for the guard period duration and is not required for the broadest reasonable interpretation of the claim language. Therefore, Claim 15 is also unpatentable over the combination of Tang, Bayesteh, and Sun.
Regarding Claim 16, the combination of Tang, Bayesteh, and Sun further discloses a first guard period of the one or more guard periods is associated with the first type of transition and is positioned to separate the transmission of the one or more consecutive communication symbols and the transmission of the one or more consecutive sensing symbols (Bayesteh at column 18, lines 20-38 - the frame structure component may also include configuration of the time guard between different symbol types), and a second guard period of the one or more guard periods is associated with the second type of transition and is positioned to separate the transmission of the one or more consecutive sensing symbols and the transmission of the one or more consecutive communication symbols (Bayesteh at column 18, lines 20-38 - the frame structure component may also include configuration of the time guard between different symbol types). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Tang and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
Regarding Claim 17, the combination of Tang, Bayesteh, and Sun further discloses the communication device supports a plurality of slot configuration types (e.g., Figures 6A-6C of Tang and at Figures 3B and 3C of Bayesteh), including a first slot configuration type, corresponding to a transmission of one or more consecutive sensing symbols occupying an entire duration of the slot (Figure 6B of Tang). Regarding the remaining slot configuration types (second through eighth), the Office submits that Bayesteh’s disclosure at column 18, lines 20-38 renders each of these obvious in light of the disclosure of alternating between symbols of different types (e.g., from communication to sensing or from sensing to communication) as well as including a guard interval in the transition between different symbol types. As an example, Bayesteh discloses a fourth slot configuration type, corresponding to a transmission of one or more consecutive communication symbols, followed by an instance of the first guard period, followed by a transmission of one or more consecutive sensing symbols (Figures 3B and 3C of Bayesteh – uplink communication symbols are followed by sensing symbols; column 18, lines 20-38 - the frame structure component may also include configuration of the time guard between different symbol types). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Tang and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
Regarding Claim 18, Tang further discloses a third guard period separates a first sensing waveform from a second sensing waveform in the one or more sensing waveforms, wherein a frequency jump is associated with an ending frequency of the first sensing waveform and a starting frequency of the second sensing waveform (paragraph 0249 and Figure 8A, a sensing symbol can comprise a chirp signal whose duration is smaller than the sensing symbol time duration (thereby allowing for a guard period before the proceeding symbol).
Regarding Claim 29, Tang discloses a method of operating a communication device for communication and sensing comprising:
receiving, at the communication device, one or more configuration parameters specifying one or more sensing signals within an air interface frame structure, the air interface frame structure comprising a plurality of slots, each slot comprising a plurality of symbols in a time domain, the air interface frame structure further comprising a plurality of carriers, each carrier comprising a plurality of subcarriers in a frequency domain, wherein (1) the one or more sensing signals occupy a first subset of symbols in the plurality of symbols of the air interface frame structure and (2) one or more communication signals occupy a second subset of symbols in the plurality of symbols of the air interface frame structure (paragraph 0100 - a frame structure component may specify a configuration of a frame or group of frames. The frame structure component may indicate one or more of a time, frequency, pilot signature, code, or other parameter of the frame or group of frames; paragraph 0112 - the slot configuration information may be transmitted to UEs in a broadcast channel or common control channel(s). In other embodiments, the slot configuration may be UE specific, in which case the slot configuration information may be transmitted in a UE-specific control channel. In some embodiments, the slot configuration signaling may be transmitted together with frame configuration signaling and/or subframe configuration signaling) and
transmitting or receiving the one or more sensing signals in accordance with the one or more configuration parameters (paragraphs 0205-0207 and Figures 5A-5B – SAC node can be a transmitter or receiver for SAC signals),
wherein the one or more sensing signals comprise one or more sensing waveforms, each of the one or more sensing waveforms being associated with a sensing waveform symbol duration, the sensing waveform symbol duration being aligned with one or more symbol boundaries of the air interface frame structure (paragraph 0247 – the sensing symbol comprises one or more chirp signals with a time duration Ts; paragraph 0241 – parameters of the sensing symbols in the SAC signal are configured to ensure alignment of sensing symbols and communication symbols),
wherein the one or more communication signals comprise one or more communication symbols, each of the one or more communication symbols being associated with a communication symbol duration, the communication symbol duration being aligned with one or more symbol boundaries of the air interface frame structure (paragraphs 0269-0270 – each OFDM symbol has a time duration that is the same as sensing symbols in order to align with starting and ending time boundaries in the frame structure),
wherein the sensing waveform symbol duration is greater than or equal to the communication symbol duration (paragraph 0270 – sensing symbols and communication symbols have the same time (i.e., equal) duration).
However, Tang does not disclose the communication device supports (1) a first type of transition occurring during the slot, from a transmission of one or more consecutive communication symbols to a transmission of one or more consecutive sensing symbols (Bayesteh at Figures 3B and 3C – transition from uplink communication slots to sensing slots) and (2) a second type of transition occurring during the slot, from a transmission of one or more consecutive sensing symbols to a transmission of one or more consecutive communication symbols (Bayesteh at Figures 3B and 3C – transition from sensing slots to downlink communication slots). In an analogous art, Bayesteh discloses this. Specifically, Bayesteh discloses, at Figures 3B and 3C, transition from uplink communication slots to sensing slots (i.e., the first type) and transition from sensing slots to downlink communication slots (i.e., the second type). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
However, the aforementioned references do not disclose one or more guard periods are defined to separate the transmission of the one or more consecutive communication symbols and the transmission of the one or more consecutive sensing symbols, each of the one or more guard periods having a guard period duration; and wherein the guard period duration (a) spans an integer number of one or more communication systems or (b) is less than one communication symbol. It is first noted that limitation (a) is claimed in the alternative to limitation (b) and is not required as part of the broadest reasonable interpretation of the claim language. In an analogous art, Sun discloses this feature (inclusive of limitation (b)). Specifically, Sun discloses a guard interval (Figure 4A or 4B – GI 410) that has a smaller duration than communication symbol 425, where the guard intervals separate symbols of different types (e.g., separating DMRS symbol periods from data symbol periods) (refer to paragraphs 0108-0109). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang / Bayesteh with Sun. One would have been motivated to do so in order to eliminate inter-symbol interference between the different types of symbols.
Regarding Claim 31, the combination of Tang, Bayesteh, and Sun further discloses the guard period duration is less than one communication symbol (Sun at Figure 4A or 4B – GI 410 has a smaller duration than communication symbol 425, where the guard intervals separate symbols of different types (e.g., separating DMRS symbol periods from data symbol periods) (refer to paragraphs 0108-0109). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang / Bayesteh with Sun. One would have been motivated to do so in order to eliminate inter-symbol interference between the different types of symbols.
Regarding Claim 32, the combination of Tang, Bayesteh, and Sun further discloses the communication device supports a plurality of slot configuration types (e.g., Figures 6A-6C of Tang and at Figures 3B and 3C of Bayesteh), including a first slot configuration type, corresponding to a transmission of one or more consecutive sensing symbols occupying an entire duration of the slot (Figure 6B of Tang). Regarding the remaining slot configuration types (second through fourth), the Office submits that Bayesteh’s disclosure at column 18, lines 20-38 renders each of these obvious in light of the disclosure of alternating between symbols of different types (e.g., from communication to sensing or from sensing to communication) as well as including a guard interval in the transition between different symbol types. As an example, Bayesteh discloses a fourth slot configuration type, corresponding to a transmission of one or more consecutive communication symbols, followed by an instance of the first guard period, followed by a transmission of one or more consecutive sensing symbols (Figures 3B and 3C of Bayesteh – uplink communication symbols are followed by sensing symbols; column 18, lines 20-38 - the frame structure component may also include configuration of the time guard between different symbol types). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Tang and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
Regarding Claim 33, the combination of Tang, Bayesteh and Sun discloses wherein each of the one or more guard periods is defined as part of a sensing symbol (Bayesteh at column 18, lines 20-38 - the frame structure component may also include configuration of the time guard between different symbol types). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Tang and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Bayesteh and Sun, as applied to Claim 7 above, and further in view of Hamidi-Sepehr et al (WIPO Publication WO 2024/058955), hereinafter Hamidi. The combination of Tang, Bayesteh and Sun discloses the limitations of Claim 7, as described above. Tang further discloses the periodic schedule is defined (1) a sensing offset parameter (paragraph 0230 – each sensing symbol has a time offset), (2) a sensing period parameter (Figures 6A-6C, which depict the periodic nature of the sensing symbols), and (3) a sensing duration parameter (paragraph 0230 – each sensing symbol has a time duration). However, the aforementioned references do not disclose (4) a number of repetitions parameter, (5) a gap between repetitions parameter, and (6) a sensing repetition offset parameter. In an analogous art, Hamidi discloses this. Specifically, Hamidi discloses parameters of a sensing signal including a number of repetitions (paragraph 0310), a gap between repetitions parameter (paragraph 0311) and a sensing repetition offset parameter (paragraph 00317). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang / Bayesteh / Sun and Hamidi. One would have been motivated to do so in order to perform coordinated environment or neighborhood perception by gNBs and/or UEs (see paragraph 0061 of Hamidi).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Tsvelykh et al (United States Pre-Grant Publication 20200319327), hereinafter Tsvelykh, Bayesteh and Sun.
Tang discloses a device for receiving signals for communication and sensing (Figure 3 and paragraph 0187 – any of all of the UEs and TRPs in Figure 3 are sensing nodes in the system that transmit and receive sensing signals) comprising:
one or more antennas (Figure 4 – antenna 286);
one or more processors (Figure 4 – processor 290); and
a memory coupled to the one or more processors (Figure 4 – memory 288 inherently coupled (either physically or communicatively) to the processor, wherein:
the one or more antennas are configured to receive a radio frequency (RF) signal, the RF signal comprising (1) one or more sensing signals within an air interface frame structure, the air interface frame structure comprising a plurality of slots, each slot comprising a plurality of symbols in a time domain, the air interface frame structure further comprising a plurality of carriers, each carrier comprising a plurality of subcarriers in a frequency domain, wherein the one or more sensing signals occupy a first subset of symbols in the plurality of symbols of the air interface frame structure, and (2) one or more communication signals within the air interface frame structure, wherein the one or more communication signals occupy a second subset of symbols in the plurality of symbols of the air interface frame structure (paragraph 0202- the frame structure of an integrated sensing and communication signal is disclosed (further described with regards to subframe duration and slot configuration in paragraphs 0111-0112); paragraphs 0206-0207 and Figures 5A-5B – receiver nodes receives a sensing and communication (SAC) signal; paragraph 0239 and Figure 6C – sensing symbols are multiplexed in frequency and time domains such that each of first and second frequency bands transmit sensing symbols multiplexed in time; paragraphs 0206-0207 and Figures 5A-5B – receiver nodes receives a sensing and communication (SAC) signal; paragraph 0239 and Figure 6C – communication symbols are multiplexed with sensing symbols in frequency and time domains such that each of first and second frequency bands transmit communication symbols multiplexed in time), wherein:
the one or more sensing signals comprise one or more sensing waveforms, each of the one or more sensing waveforms being associated with a sensing waveform symbol duration, the sensing waveform symbol duration being aligned with one or more symbol boundaries of the air interface frame structure (paragraph 0247 – the sensing symbol comprises one or more chirp signals with a time duration Ts; paragraph 0241 – parameters of the sensing symbols in the SAC signal are configured to ensure alignment of sensing symbols and communication symbols),
the one or more communication signals comprise one or more communication symbols, each of the one or more communication symbols being associated with a communication symbol duration, the communication symbol duration being aligned with one or more symbol boundaries of the air interface frame structure (paragraphs 0269-0270 – each OFDM symbol has a time duration that is the same as sensing symbols in order to align with starting and ending time boundaries in the frame structure),
the sensing waveform symbol duration is greater than or equal to the communication symbol duration (paragraph 0270 – sensing symbols and communication symbols have the same time (i.e., equal) duration),
and the one or more processors are configured receive the digital signal to process the one or more sensing signals and the one or more communication signals (paragraph 0189 - the processor implements various processing operations of the sensing management function of the device , such as signal coding, data processing, power control, input/output processing, or any other functionality).
However, Tang does not disclose an analog-to-digital (A/D) converter coupled to the one or more antennas; a processor coupled to the A/D converter, or the A/D converter is configured to generate a digital signal based on the RF signal. In an analogous art, Tsvelykh discloses this. Specifically, Tsvelykh discloses a device (capable of processing both FMCW and OFDM signals as described in paragraph 0036) comprising a modem that comprising an analog-to-digital converter coupled to a controller 120 that receives signals from antennas 118 (refer to paragraphs 0035-0036 and Figure 1). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang and Tsvelykh. One would have been motivated to do so in order to perform coherent and non-coherent signal processing in radar systems (refer to paragraph 0003 of Tsvelykh).
However, the aforementioned references do not disclose the communication device supports (1) a first type of transition occurring during the slot, from a transmission of one or more consecutive communication symbols to a transmission of one or more consecutive sensing symbols (Bayesteh at Figures 3B and 3C – transition from uplink communication slots to sensing slots) and (2) a second type of transition occurring during the slot, from a transmission of one or more consecutive sensing symbols to a transmission of one or more consecutive communication symbols (Bayesteh at Figures 3B and 3C – transition from sensing slots to downlink communication slots). In an analogous art, Bayesteh discloses this. Specifically, Bayesteh discloses, at Figures 3B and 3C, transition from uplink communication slots to sensing slots (i.e., the first type) and transition from sensing slots to downlink communication slots (i.e., the second type). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang / Tsvelykh and Bayesteh. One would have been motivated to do so in order to integrate communication and sensing, maximizing transmission time and ensure reception of reflected signals (see column 6, lines 12-19 of Bayesteh).
However, the aforementioned references do not disclose one or more guard periods are defined to separate the transmission of the one or more consecutive communication symbols and the transmission of the one or more consecutive sensing symbols, each of the one or more guard periods having a guard period duration; and wherein the guard period duration (a) spans an integer number of one or more communication systems or (b) is less than one communication symbol. It is first noted that limitation (a) is claimed in the alternative to limitation (b) and is not required as part of the broadest reasonable interpretation of the claim language. In an analogous art, Sun discloses this feature (inclusive of limitation (b)). Specifically, Sun discloses a guard interval (Figure 4A or 4B – GI 410) that has a smaller duration than communication symbol 425, where the guard intervals separate symbols of different types (e.g., separating DMRS symbol periods from data symbol periods) (refer to paragraphs 0108-0109). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Tang / Tsvelykh / Bayesteh with Sun. One would have been motivated to do so in order to eliminate inter-symbol interference between the different types of symbols.
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 ANDREW W. CHRISS whose telephone number is (571)272-1774. The examiner can normally be reached Monday-Friday, 8am-4pm ET.
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 supervisor, Kevin Bates can be reached at (571) 272-3980. 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.
/ANDREW W CHRISS/Primary Examiner, Art Unit 2472
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