Prosecution Insights
Last updated: July 17, 2026
Application No. 18/417,554

SENSING METHOD AND APPARATUS, AND NETWORK DEVICE

Non-Final OA §102§103
Filed
Jan 19, 2024
Priority
Jul 23, 2021 — CN 202110839605.X +1 more
Examiner
MORLAN, ROBERT M
Art Unit
2409
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
362 granted / 490 resolved
+15.9% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
15 currently pending
Career history
510
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
80.1%
+40.1% vs TC avg
§102
7.4%
-32.6% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 490 resolved cases

Office Action

§102 §103
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 . 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. 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. Claim(s) 1-16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang (US 2022/0271791). Regarding Claims 1, 10 and 20, Zhang teaches a sensing method, comprising: determining, by a first network device, a measurement quantity of a sensing signal; (¶ [0181] – [0182], [0192],see specifically reporting configuration) and detecting, by the first network device, the sensing signal to obtain a measurement value corresponding to the measurement quantity, wherein the sensing signal is sent by a second network device (¶ [0181], [0192], see specifically reference signals) and the first network device and the second network device are different base stations. Regarding Claims 2 and 11, Zhang teaches the determining, by a first network device, a measurement quantity of a sensing signal comprises at least one of the following: receiving, by the first network device, first indication information sent by the second network device or a third network device, wherein the first indication information is used to indicate the measurement quantity of the sensing signal that the first network device needs to measure (¶ [0181] – [0182], [0192], see specifically reporting configuration.) and determining, by the first network device based on a first sensing requirement, the measurement quantity of the sensing signal that the first network device needs to measure (¶ [0181] – [0182], [0192] see specifically reporting configuration) Regarding Claims 3 and 12, Zhang teaches before the detecting, by the first network device, the sensing signal to obtain a measurement value corresponding to the measurement quantity, the method further comprises: determining, by the first network device, configuration information of the sensing signal (¶ [0180] – [0182], [0192] see specifically reporting configuration); wherein the determining, by the first network device, configuration information of the sensing signal comprises at least one of the following: receiving, by the first network device, first configuration information of the sensing signal, wherein the first configuration information is sent by the second network device (¶ [0180] – [0182], see specifically reporting configuration); receiving, by the first network device, second configuration information of the sensing signal, wherein the second configuration information is sent by a third network device; and determining, by the first network device, third configuration information of the sensing signal based on a first sensing requirement. Regarding Claim 4, Zhang teaches the configuration information of the sensing signal comprises at least one of the following parameters: a waveform of the sensing signal; a subcarrier spacing of the sensing signal; a guard interval of the sensing signal; a bandwidth of the sensing signal; burst duration of the sensing signal; a time domain interval of the sensing signal (¶ [0203], see specifically reference signal and time interval.); transmit signal power of the sensing signal; a signal format of the sensing signal; a signal direction of the sensing signal; a time resource of the sensing signal; a frequency resource of the sensing signal; and a quasi co-location (QCL) relationship of the sensing signal. Regarding Claim 5, Zhang teaches the first sensing requirement is sent by the second network device or the third network device to the first network device; and/or the first sensing requirement is associated with at least one of the following: a sensing object (¶ [0187] – [0193], see specifically reference signals); a sensing quantity; and a sensing metric. Regarding Claim 6, Zhang teaches the first network device obtains the measurement value corresponding to the measurement quantity, the method further comprises either of the following: sending, by the first network device to the second network device or the third network device, the measurement quantity and the measurement value corresponding to the measurement quantity (¶ [0182], see specifically reported.) and determining, by the first network device, a sensing result based on the measurement quantity and the measurement value corresponding to the measurement quantity; wherein after the determining, by the first network device, a sensing result based on the measurement quantity and the measurement value corresponding to the measurement quantity, the method further comprises: sending, by the first network device, the sensing result to the third network device Regarding Claim 7, Zhang teaches the sensing result comprises at least one of the following: characteristic information of a target object; information related to a target event; and information related to a target environment (¶ [0181], see specifically event-triggered). Regarding Claim 8, Zhang teaches the third network device comprises an access and mobility management function (AMF) entity or a sensing function entity; wherein the sensing function entity implements at least one of the following: managing overall coordination and scheduling of resources required for sensing; calculating the sensing result; estimating sensing accuracy; verifying the sensing result; supporting an immediate sensing request; supporting a deferred sensing request; supporting a periodic or event-triggered sensing request (¶ [0181], see specifically event-triggered); supporting cancellation of a periodic or triggered sensing behavior; and determining a sensing mode based on first information, wherein the first information comprises at least one of a type of a sensing client, sensing quality of service (QoS), a sensing capability of a terminal, and a sensing capability of the first network device; and the sensing mode is associated with an entity that sends the sensing signal and an entity that receives the sensing signal. Regarding Claim 9, Zhang teaches the measurement quantity comprises at least one of the following: a first type of measurement quantity; and a second type of measurement quantity, wherein the first type of measurement quantity comprises at least one of the following: a channel matrix H; a received signal strength indicator (RSSI) (¶ [0192], see specifically rssi); reference signal received power (RSRP) (¶ [0192], see specifically rsrp); channel state information (CSI); power of each path in a multipath channel; a delay of each path in the multipath channel; angle information of each path in the multipath channel; Doppler spread; a Doppler shift; a phase difference between a sensing signal received by a first antenna and a sensing signal received by a second antenna; a delay difference between the sensing signal received by the first antenna and the sensing signal received by the second antenna; and a characteristic difference between an I signal and a Q signal; and the second type of measurement quantity comprises at least one of the following: characteristic information of a target object; information related to a target event; and information related to a target environment. Regarding Claim 13, Zhang teaches determining, by the second network device, configuration information of the sensing signal comprises one of the following: receiving, by the second network device, second configuration information that is of the sensing signal and that is sent by a third network device (¶ [0181] – [0182], [0192], see specifically reporting configuration); and determining, by the second network device, first configuration information of the sensing signal based on second information, wherein the second information comprises at least one of the following: a first sensing requirement; first recommendation information of configuration information, wherein the first recommendation information is determined by the third network device based on the first sensing requirement; and second recommendation information of configuration information, wherein the second recommendation information is sent by the first network device to the second network device; wherein after the determining, by the second network device, configuration information of the sensing signal, the method further comprises: sending, by the second network device, second indication information to the first network device, wherein the second indication information comprises at least one of the first configuration information of the sensing signal and the first sensing requirement; wherein the first sensing requirement is sent by the third network device to the second network device. Regarding Claim 14, Zhang teaches after the sending, by a second network device, a sensing signal to a first network device, the method further comprises: receiving, by the second network device, the measurement quantity and the measurement value corresponding to the measurement quantity that are sent by the first network device (¶ [0181] – [0182], [0192], see specifically reporting configuration.); and sending, to a third network device, the measurement quantity and the measurement value corresponding to the measurement quantity (¶ [0181] – [0182], [0192], see specifically reporting configuration.) Regarding Claim 15, Zhang teaches a sensing method, comprising: sending, by a third network device, first sensing information to a first network device or a second network device (¶ [0181] – [0182], [0192], see specifically reporting configuration.), wherein the first sensing information comprises at least one of a first sensing requirement and configuration information of a sensing signal (¶ [0181] – [0182], [0192], see specifically reporting configuration.) Regarding Claim 16, Zhang teaches sending, by a third network device, first sensing information to a first network device or a second network device, the method further comprises: sending, by the third network device, first indication information to the first network device or the second network device, wherein the first indication information is used to indicate a measurement quantity of the sensing signal that the first network device needs to measure (¶ [0181] – [0182], [0192], see specifically reporting configuration.) Regarding Claim 18, Zhang teaches receiving, by the third network device, the first sensing requirement from a terminal, the first network device, or a fourth network device (¶ [0181] – [0182], [0192], see specifically reporting configuration.) Regarding Claim 19, Zhang teaches after the sending, by a third network device, first sensing information to a first network device or a second network device, the method further comprises one of the following: receiving, by the third network device, a measurement quantity of the sensing signal and a measurement value corresponding to the measurement quantity that are sent by the second network device or the first network device; and receiving, by the third network device, a sensing result that is of the sensing signal and that is sent by the second network device or the first network device (¶ [0181] – [0182], [0192], see specifically reporting configuration.) wherein after the receiving, by the third network device, a measurement quantity of the sensing signal and a measurement value corresponding to the measurement quantity that are sent by the second network device or the first network device, the method further comprises: determining, by the third network device, the sensing result based on the measurement quantity and the measurement value corresponding to the measurement quantity; and sending, by the third network device, the sensing result to a terminal or a fourth network device; or, wherein after the receiving, by the third network device, a sensing result that is of the sensing signal and that is sent by the second network device or the first network device, the method further comprises: sending, by the third network device, the sensing result to a terminal or a fourth network device. 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(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2022/0271791) in view of Shim (US 2025/0344086). Regarding Claim 17, Zhang teaches the configuration information of the sensing signal comprises second configuration information of the sensing signal (¶ [0181] – [0182], [0192] see specifically reporting configuration); Zhang fails to explicitly teach a manner of determining the second configuration information of the sensing signal comprises: determining the second configuration information of the sensing signal based on third information, wherein the third information comprises at least one of the following: the first sensing requirement; sensing capability information sent by the second network device; sensing capability information sent by the first network device; third recommendation information of the first sensing information, wherein the third recommendation information is determined by the second network device based on the first sensing requirement and sent to the third network device; fourth recommendation information of the first sensing information, wherein the fourth recommendation information is determined by the first network device based on the first sensing requirement and sent to the third network device; and fifth recommendation information of the first sensing information, wherein the fifth recommendation information is sent by the first network device to the third network device. Shim from the same or similar field of endeavor teaches a manner of determining the second configuration information of the sensing signal comprises: determining the second configuration information of the sensing signal based on third information, wherein the third information comprises at least one of the following: the first sensing requirement; sensing capability information sent by the second network device (¶ [0047], see specifically UE capability; sensing capability information sent by the first network device (¶ [0047], see specifically UE capability); third recommendation information of the first sensing information, wherein the third recommendation information is determined by the second network device based on the first sensing requirement and sent to the third network device; fourth recommendation information of the first sensing information, wherein the fourth recommendation information is determined by the first network device based on the first sensing requirement and sent to the third network device; and fifth recommendation information of the first sensing information, wherein the fifth recommendation information is sent by the first network device to the third network device. Thus, it would have been obvious to one of ordinary skill in the art of telecommunications at the time of the filing of the invention to use received capability information from another network device to determine measurements to perform in the system of Zhang as taught by Shim. The motivation is that devices are built in a fix point in time, and not all devices will support all modes of communication or all types or measurements, this allows the system to know what the device is capable of, in order to avoid assigning measurements not being able to be performed or catering to the lowest common denominator which improves performance of the overall system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M MORLAN whose telephone number is (571)270-5674. The examiner can normally be reached Monday - Friday, 10 AM - 4PM. 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, Hadi Armouche can be reached at 571-270-3618. 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. /ROBERT M MORLAN/Primary Examiner, Art Unit 2409 ROBERT M. MORLAN Primary Examiner Art Unit 2409
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Prosecution Timeline

Jan 19, 2024
Application Filed
May 12, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
90%
With Interview (+15.9%)
3y 0m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 490 resolved cases by this examiner. Grant probability derived from career allowance rate.

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