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 .
Election/Restrictions
Applicant’s election of the species reading on Claims 1-9, 11-18 and 28-30 in the reply filed on 10 December 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Response to Amendment
Applicant’s response, filed 10 December 2025, has been entered and carefully considered.
Claims 1, 16 and 28-30 are amended.
Claims 1-30 are currently pending, though Claims 10 and 19-27 are withdrawn from consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 20 December 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 18 is objected to because of the following informalities: language “from a second sensing waveforms” should read “from a second sensing waveform”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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.
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 1-8, 11, 12, 28 and 29 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tang et al (United States Pre-Grant Publication 2025/0365565), hereinafter Tang.
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), and
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).
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 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), and
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).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Hamidi-Sepehr et al (WIPO Publication WO 2024/058955), hereinafter Hamidi. Tang 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, Tang does 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 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).
Claims 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Bayesteh et al (United States Patent 11474197), hereinafter Bayesteh.
Regarding Claim 13, Tang discloses the limitations of Claim 12, as described above. However, Tang does not disclose 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. In an analogous art, Bayesteh discloses this. Specifically, as shown in Figures 3B and 3C, multiple sensing slots can be followed by multiple communication slots (illustrated as downlink “D” slots). Further, as shown at column 18, lines 20-38, 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 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 14, the combination of Tang and Bayesteh further discloses 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). 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 and Bayesteh further discloses 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 spanning a duration of one or more communication symbols (Bayesteh at column 18, lines 20-38, a frame structure component includes 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 16, the combination of Tang and Bayesteh 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 and Bayesteh 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 waveforms 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).
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.
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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Behravan et al (WIPO Publication 2023080814) is directed to parameters for supporting joint communication and sensing.
Behravan et al (“Introducing sensing into future wireless communication systems”) is directed to supporting joint communication and sensing in existing wireless systems.
Zhang et al (United States Pre-Grant Publication 20240280682) is directed to millimeter wave massive MIMO FMCW radar with binary-phase-coded OFDM.
Jeon et al (United States Pre-Grant Publication 20230308886) discloses negotiating sensing configuration between a UE and a base station (refer to Figures 7-9).
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/ANDREW W CHRISS/Primary Examiner, Art Unit 2472