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 .
Information Disclosure Statement
The information disclosure statement submitted on May 9, 2025 has been considered by the Examiner and made of record in the application file.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-8 and 11-20 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-9, 12, 14, 15, 18 and 19 of copending U.S. Patent Application No 18/419,709. Although the conflicting claims are not identical, they are not patentably distinct from each other because: all the claimed limitations recited in the present application are transparently found in the Application No. 18/419,709 with obvious wording variations; they are substantially similar in scope.
The independent claims 1, 11, 15, 19 and 20 of the current application include broader limitations of the independent claims 1, 7, 12, 18 and 19 of the U.S. Patent Application No 18/419,709.
The limitation of claim 2 of the current application can be read on limitations of claim 3 of the U.S. Patent Application No 18/419,709.
The limitation of claim 3 of the current application can be read on limitations of claim 3 of the U.S. Patent Application No 18/419,709.
The limitation of claim 4 of the current application can be read on limitations of claim 4 of the U.S. Patent Application No 18/419,709.
The limitation of claim 5 of the current application can be read on limitations of claim 5 of the U.S. Patent Application No 18/419,709.
The limitation of claim 6 of the current application can be read on limitations of claim 6 of the U.S. Patent Application No 18/419,709.
The limitation of claim 7 of the current application can be read on limitations of claim 2 of the U.S. Patent Application No 18/419,709.
The limitation of claim 8 of the current application can be read on limitations of claim 6 of the U.S. Patent Application No 18/419,709.
The limitation of claim 12 of the current application can be read on limitations of claim 8 of the U.S. Patent Application No 18/419,709.
The limitation of claim 13 of the current application can be read on limitations of claim 8 of the U.S. Patent Application No 18/419,709.
The limitation of claim 14 of the current application can be read on limitations of claim 9 of the U.S. Patent Application No 18/419,709.
The limitation of claim 16 of the current application can be read on limitations of claim 14 of the U.S. Patent Application No 18/419,709.
The limitation of claim 17 of the current application can be read on limitations of claim 15 of the U.S. Patent Application No 18/419,709.
The limitation of claim 18 of the current application can be read on limitations of claim 14 of the U.S. Patent Application No 18/419,709.
Nonetheless, claims 1-8 and 11-20 of the present application made the claim a broader version of claims 1-9, 12, 14, 15, 18 and 19 of copending U.S. Patent Application No 18/419,709. Therefore, since omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claim claims 1-8 and 11-20 is not patentably distinct from claims 1-9, 12, 14, 15, 18 and 19 of U.S. Patent Application No 18/419,709. This is a provisional obviousness-type double patenting rejection because conflicting claims have not in fact been patented.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 6-9, 11, 15-17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sadeghi et al (US Pat. Pub. No. 2020/0359248).
Regarding claim 1, Sadeghi et al discloses a communication sensing method, comprising: obtaining, by a first terminal, a sensing signal sent by a second (paragraph 26-27 discloses based on sensing request sent by the STA 104, the STA 102 trigger the transmission of sensor measurements); and obtaining, by the first terminal, a measurement result corresponding to a first measurement quantity according to the sensing signal, wherein the first measurement quantity is a measurement quantity related to the sensing signal (paragraph 23-24 and 27 discloses measurement reports is based on measurement from the UL sensing packets).
Regarding claim 6, Sadeghi et al discloses obtaining, by the first terminal, the first measurement quantity sent by a first network device, a second network device, or the second terminal; or determining the first measurement quantity according to a sensing requirement; or, wherein after the obtaining a measurement result corresponding to a first measurement quantity according to the sensing signal, the method further comprises: sending, by the first terminal, the measurement result to a first network device, a second network device, or the second terminal; or, wherein after the obtaining a measurement result corresponding to a first measurement quantity according to the sensing signal, the method further comprises: determining, by the first terminal, a sensing result according to the measurement result; and sending the sensing result to a first network device, a second network device, or the second terminal (see at least paragraph 31-32).
Regarding claim 7, Sadeghi et al discloses before the obtaining, by a first terminal, a sensing signal sent by a second terminal, the method further comprises: sending fourth indication information to a first network device, a second network device, or the second terminal, wherein the fourth indication information comprises at least one of a sensing requirement, fourth configuration information of the sensing signal, capability information of the first terminal, and recommendation configuration information of the first terminal; or, wherein after the obtaining, by the first terminal, a measurement result corresponding to a first measurement quantity according to the sensing signal, the method further comprises: obtaining a target sensing result fed back by the first network device, the second network device, or the second terminal according to the fourth indication information, wherein the target sensing result comprises a sensing result obtained according to at least one measurement result of the first terminal (see at least paragraph 23).
Regarding claim 8, Sadeghi et al discloses the first measurement quantity comprises at least one of the following: a channel matrix H; a received signal strength indicator (RSSI); a reference signal received power (RSRP); channel state information (CSI); a power, a delay, and/or angle information of each path in a multipath channel; Doppler spread; a Doppler frequency shift; a phase difference between a first antenna and a second antenna; a delay difference between the first antenna and the second antenna; a characteristic difference between an in phase signal and a quadrature signal; and angle-related information (see at least paragraph 22).
Regarding claim 9, Sadeghi et al discloses the sensing result comprises at least one of the following: characteristic information of a target object; information about a target event; and information about a target environment (see at least paragraph 32).
Regarding claim 11, Sadeghi et al discloses a communication sensing method, comprising: sending, by a second terminal ([STA 102]), a sensing signal to a first terminal (paragraph 26-27 discloses the AP STA 102 trigger the transmission of sensor measurements).
Regarding claim 15, Sadeghi et al discloses a communication sensing method, comprising: sending, by a first network device, first indication information to a first terminal and/or a second terminal, wherein the first indication information is used to instruct the second terminal to send a sensing signal (paragraph 26-27 discloses based on sensing request sent by the STA 104, the STA 102 trigger the transmission of sensor measurements); and/or the first indication information is used to instruct the first terminal to receive a sensing signal, and obtain a measurement result corresponding to a first measurement quantity according to the sensing signal, wherein the first measurement quantity is a measurement quantity related to the sensing signal, and a target terminal comprises at least one terminal (paragraph 23-24 and 27 discloses measurement reports is based on measurement from the UL sensing packets).
Regarding claim 16, Sadeghi et al discloses the first indication information comprises at least one of the following: a sensing requirement; first configuration information of the sensing signal; capability information of the first network device; and recommendation configuration information of the first network device (see at least paragraph 31-32 and 21-23).
Regarding claim 17, Sadeghi et al discloses after the sending, by a first network device, first indication information to a target terminal, the method further comprises: receiving sensing requirement response information sent by the first terminal, the second terminal, or a second network device, wherein the sensing requirement response information comprises fifth sensing requirement response information or sixth sensing requirement response information; the fifth sensing requirement response information is used to indicate that the first terminal or the second terminal agrees to participate in a sensing service; and the sixth sensing requirement response information is used to indicate that the first terminal or the second terminal refuses to participate in a sensing service (see at least paragraph 31-32 and 21-23).
Regarding claim 19, Sadeghi et al discloses a terminal, comprising a processor, a memory, and a program or an instruction that is stored in the memory and can be run on the processor, wherein the program or the instruction is executed by the processor to implement the steps of the communication sensing method according to claim 1 (see above rejection of claim 1).
Regarding claim 20, Sadeghi et al discloses a terminal, comprising a processor, a memory, and a program or an instruction that is stored in the memory and can be run on the processor, wherein the program or the instruction is executed by the processor to implement the steps of the communication sensing method according to claim 11 (see above rejection of claim 11).
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.
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.
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.
Claims 2-5, 10, 12-14 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sadeghi et al (US Pat. Pub. No. 2020/0359248) in view of Du et al (US Pat. Pub. No. 2024/0155702).
Regarding claim 2, Sadeghi et al specifically does not disclose wherein the obtaining, by a first terminal, a sensing signal sent by a second terminal comprises: determining configuration information of the sensing signal; and obtaining the sensing signal according to the configuration information of the sensing signal; wherein the determining configuration information of the sensing signal comprises: receiving at least one of first indication information sent by a first network device, second indication information sent by a second network device, and third indication information sent by the second terminal; and determining the configuration information of the sensing signal according to at least one of the first indication information, the second indication information, and the third indication information, wherein the first indication information comprises at least one of a sensing requirement, first configuration information of the sensing signal, capability information of the first network device, and recommendation configuration information of the first network device; the second indication information comprises at least one of a sensing requirement, second configuration information of the sensing signal, capability information of the second network device, and recommendation configuration information of the second network device; and the third indication information comprises at least one of a sensing requirement, third configuration information of the sensing signal, capability information of the second terminal, and recommendation configuration information of the second terminal.
However, Du et al from the same or similar fields of endeavor teaches disclose wherein the obtaining, by a first terminal, a sensing signal sent by a second terminal comprises: determining configuration information of the sensing signal; and obtaining the sensing signal according to the configuration information of the sensing signal; wherein the determining configuration information of the sensing signal comprises: receiving at least one of first indication information sent by a first network device, second indication information sent by a second network device, and third indication information sent by the second terminal; and determining the configuration information of the sensing signal according to at least one of the first indication information, the second indication information, and the third indication information, wherein the first indication information comprises at least one of a sensing requirement, first configuration information of the sensing signal, capability information of the first network device, and recommendation configuration information of the first network device; the second indication information comprises at least one of a sensing requirement, second configuration information of the sensing signal, capability information of the second network device, and recommendation configuration information of the second network device; and the third indication information comprises at least one of a sensing requirement, third configuration information of the sensing signal, capability information of the second terminal, and recommendation configuration information of the second terminal (see at least paragraphs 123, 126-128).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify to incorporate above mention feature as taught by Du et al into the system of Sadeghi et al for purpose of implant sensing measurement; it would have been to provide sensing measurement that meets a sensing measurement requirement as suggested in paragraph 5.
Regarding claim 3, Sadeghi et al specifically does not disclose wherein the configuration information of the sensing signal comprises at least one of the following: first configuration information, wherein the first configuration information is configuration information that is of the sensing signal and that is determined by the first network device; second configuration information, wherein the second configuration information is configuration information that is of the sensing signal and that is determined by the second network device; third configuration information, wherein the third configuration information is configuration information that is of the sensing signal and that is determined by the second terminal; and fourth configuration information, wherein the fourth configuration information is configuration information that is of the sensing signal and that is determined by the first terminal; wherein the first terminal determines the fourth configuration information by using at least one of the following: the sensing requirement; the capability information of the first network device; the capability information of the second network device; the recommendation configuration information of the first network device; the recommendation configuration information of the second network device; the capability information of the second terminal; and the recommendation configuration information of the second terminal.
However, Du et al from the same or similar fields of endeavor teaches disclose wherein the configuration information of the sensing signal comprises at least one of the following: first configuration information, wherein the first configuration information is configuration information that is of the sensing signal and that is determined by the first network device; second configuration information, wherein the second configuration information is configuration information that is of the sensing signal and that is determined by the second network device; third configuration information, wherein the third configuration information is configuration information that is of the sensing signal and that is determined by the second terminal; and fourth configuration information, wherein the fourth configuration information is configuration information that is of the sensing signal and that is determined by the first terminal; wherein the first terminal determines the fourth configuration information by using at least one of the following: the sensing requirement; the capability information of the first network device; the capability information of the second network device; the recommendation configuration information of the first network device; the recommendation configuration information of the second network device; the capability information of the second terminal; and the recommendation configuration information of the second terminal (see at least paragraphs 123, 126-128).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify to incorporate above mention feature as taught by Du et al into the system of Sadeghi et al for purpose of implant sensing measurement; it would have been to provide sensing measurement that meets a sensing measurement requirement as suggested in paragraph 5.
Regarding claim 4, Sadeghi et al discloses after the receiving at least one of first indication information sent by a first network device, second indication information sent by a second network device, and third indication information sent by the second terminal, the method further comprises: sending first sensing requirement response information to at least one of the first network device, the second network device, and the second terminal in a case that it is determined, according to at least one of the first indication information, the second indication information, and the third indication information, to participate in a sensing service, wherein the first sensing requirement response information is used to indicate that the first terminal agrees to participate in a sensing service; or sending second sensing requirement response information to at least one of the first network device, the second network device, and the second terminal in a case that it is determined, according to at least one of the first indication information, the second indication information, and the third indication information, not to participate in a sensing service, wherein the second sensing requirement response information is used to indicate that the first terminal refuses to participate in a sensing service (see at least paragraph 31-32 and 21-23 of Sadeghi et al).
Regarding claim 5, Sadeghi et al discloses the configuration information of the sensing signal comprises at least one of the following: 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; a 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 (see at least paragraph 26 of Sadeghi et al).
Regarding claim 10, Sadeghi et al discloses the first network device comprises a mobile and access management function (AMF) entity or a sensing function entity; wherein the sensing function entity meets at least one of the following: managing overall coordination and scheduling of resources required for sensing; calculating a sensing result and estimating sensing accuracy; verifying a sensing result and estimating sensing accuracy; supporting an immediate sensing request; supporting a delay sensing request; supporting a periodic or event-triggered sensing request; supporting cancellation of a periodic or triggering sensing behavior; corresponding to at least one AMF entity; and determining a sensing method according to at least one of a type of a sensing client, sensing QoS, a sensing capability of a terminal, and a sensing capability of a network device, wherein the sensing method comprises at least one of the following: sending, by the first network node, the sensing signal, and receiving, by the second network node, the sensing signal; sending and receiving, by the first network node, the sensing signal; sending, by the first network node, the sensing signal, and receiving, by a terminal device associated with the first network node, the sensing signal; sending, by the first terminal, the sensing signal, and receiving, by the second terminal, the sensing signal; sending and receiving, by the terminal device, the sensing signal; and sending, by the terminal device, the sensing signal, and receiving, by the first network node, the sensing signal (see at least paragraph 26 and 41 of Sadeghi et al).
Regarding claims 12-14 and 18, see above rejection of claims 2-4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
The following prior art are cited to show a method, which is considered pertinent to the claimed invention:
Kim et al (US Pat. Pub. No. 2023/0319875) directed toward device having sensing functions to initiate sensing session using WLAN signal.
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/LITON MIAH/Primary Examiner, Art Unit 2642
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