DETAILED ACTION
Status of Claims
Claims 1-30 are pending.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 24, 28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because Claims 24, 28 claim “one or more memories”, which as constituted could include transitory signals – instead of just “non-transitory” subject matter.
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 1-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tadayon (US 20240069183).
Regarding Claim 1, Tadayon discloses the following limitations:
A method of wireless sensing performed by a first sensing node, comprising: (Tadayon – [0006] a method of indicating a location of a device to the device. The method includes obtaining, from a profile origin, a sensing-based profile including a sensing-based observation of the device, obtaining a reference-signal-based observation and transmitting, to a device associated with device identity information, an indication of a position hypothesis based on an association between the position hypothesis and the device identity information. [0035] the base stations 170 may include (or be) one or more of several well-known devices, such as a base transceiver station (BTS), a Node-B (NodeB), an evolved NodeB (eNodeB), a Home eNodeB, a gNodeB, a transmission and receive point (TRP), a site controller, an access point (AP) or a wireless router.)
obtaining one or more sensing measurements of one or more sensing reference signals transmitted by a second sensing node and reflected by a target sensing reference unit (SRU); and (Tadayon – [0035], [0109] Initially, the first base station 170A transmits a sensing signal, which may, for example, be a radar pulse. During the sensing episode, the sensor system of the second base station 170B receives echoes, of the sensing signal, from the UE 110 and from other objects in the environment of the communication system 100.)
reporting the one or more sensing measurements to a sensing management entity, (Tadayon – [Fig. 7], [0050] LMF 190 may be implemented as a logical entity co-located inside a BS 170 through logic carried out by the processing unit 350. [0108] In the flow diagram of FIG. 7, interaction is illustrated between the first base station 170A, the second base station 170B, the UE 110 and the location management function 190. Although not specifically illustrated, the first base station 170A and the second base station 170B may be understood to include a sensor system similar to the sensor system 502 in FIG. 5. [0110] The sensor system may then obtain (step 706) sensing-based profiles. Upon completion of the obtaining (step 706) of the sensing-based profiles, the second base station 170B transmits the sensing-based profiles to the location management function 190.)
wherein a location, a velocity, or both of the first sensing node are known to the sensing management entity, (Tadayon – [Fig. 7], [0141] The LMF 190 may appoint one BS 170, among a plurality of BSs 170, as a spatial reference. [0145] The RTTDoA or ADoA obtained for those BSs 170 that are distinct from the temporal reference BS 170 and the spatial reference BS 170 may be paired with each other to form a plurality of position hypothesis vectors. [0166] The location management function 190 processes (step 1210) the sensing-based profiles, obtained in steps 1007A, 1007B and 1007C, as part of deriving a plurality of sensing-based position hypothesis vectors. The processing (step 1210) of the sensing-based profiles may include a decluttering, which decluttering may be accomplished, in one aspect, by way of a Doppler analysis. [0136] Upon completion of the clutter elimination process, the location management function 190 may be configured to estimate (i) a round-trip time (RTT), on the basis of the processed PDP and/or (ii) an angle-of-arrival (AoA) measurement, on the basis of the processed PAP and/or (iii) velocities, on the basis of all the peaks found in the profiles (PDP and/or PAP). A BS as a spatial reference (location) is used in part to form BS position hypothesis vectors (position/velocity))
wherein a location, a velocity, or both of the second sensing node are known to the sensing management entity, and (Tadayon – [Fig. 7], [0145], [0166])
wherein a location, a velocity, or both of the target SRU are known to the sensing management entity. (Tadayon – [0088] On the basis of combining the geometric range measurements and the angle measurements, sensing-based observations may be determined on the basis of the profiles and the location management function 190 may derive, from the sensing-based observations, a position to associate with the UE 110 that was the origin of the echoes. [0134] The Doppler analysis portion of the processing (in step 510, 710 or 810) of the sensing-based profiles may be a full-fledged Doppler analysis that includes estimation of the non-zero velocity of the UE 110.)
Regarding Claims 2, 12, 25, 29, Tadayon further discloses:
wherein the one or more sensing measurements comprise: one or more target detection measurements, (Tadayon – [0109])
one or more doppler processing measurements, (Tadayon – [0134])
one or more moving target indication measurements, or any combination thereof. (Tadayon – [0088], [0134])
Regarding Claim 3, 26, Tadayon further discloses:
further comprising: receiving, from the sensing management entity, one or more calibration parameters based on the one or more sensing measurements and expected values of the one or more sensing measurements, (Tadayon – [0100] the processing (step 510) of the profiles and the observations at the location management function 190 may involve applying a correction to the BS-RS-based observations, RTT.sub.p. The location management function 190 may determine a corrected version, RTT′.sub.p, of the BS-RS-based observations RTT.sub.p by subtracting the estimate, Δ′.sub.p, therefrom, i.e., RTT′.sub.p=RTT.sub.pΔ′.sub.n. The location management function 190 may then attempt to find matches between the corrected RS-based observations, RTT′.sub.p, and the sensing-based observations RTT.sub.S. [0107] In one aspect of the present application, intra-UE delay is minimized by an immediate piggybacking of the UL-RS to the DL-RS. In another aspect of the present application, the effect of intra-UE delay on accuracy of BCR data may be minimized by the UE 110 accurately gauging and reporting intra-UE delay to the location management function 190, so that BS-RS-based observations may be calibrated.)
wherein the expected values of the one or more sensing measurements are based on the location, the velocity, or both of the first sensing node, the location, the velocity, or both of the second sensing node, and the location, the velocity, or both of the target SRU. (Tadayon – [0100], [0134], [0136])
Regarding Claim 4, 27, Tadayon further discloses:
further comprising: employing the one or more calibration parameters in a subsequent sensing procedure. (Tadayon – [0100], [0107])
Regarding Claims 5, 18, Tadayon further discloses:
wherein: the first sensing node is a user equipment (UE), and the second sensing node is a transmission-reception point (TRP). (Tadayon – [0035], [0109], [0041] The UEs 110 may be multimode devices capable of operation according to multiple radio access technologies and incorporate multiple transceivers necessary to support multiple radio access technologies.)
Regarding Claims 6, 19, Tadayon further discloses:
wherein: the first sensing node is a TRP, and the second sensing node is a UE. (Tadayon – [0035], [0041], [0108])
Regarding Claims 7, 20, Tadayon further discloses:
wherein: the first sensing node is a first UE, and the second sensing node is a second UE. (Tadayon – [0035], [0041], [0108])
Regarding Claims 8, 21, Tadayon further discloses:
wherein: the first sensing node is a first TRP, and the second sensing node is a second TRP. (Tadayon – [0035], [0108])
Regarding Claims 9, 22, Tadayon further discloses:
wherein the target SRU is a UE. (Tadayon – [0108])
Regarding Claims 10, 23, Tadayon further discloses:
wherein the sensing management entity is located at: a network server, the first sensing node, the second sensing node, or a third sensing node. (Tadayon – [0035], [0050])
Regarding Claim 11, Tadayon discloses the following limitations:
A method of wireless sensing performed by a sensing management entity, comprising: (Tadayon – [0006], [0108])
receiving, from a first sensing node, one or more first sensing measurements of one or more first sensing reference signals transmitted by a second sensing node and reflected by a target sensing reference unit (SRU); and (Tadayon – [0108])
determining one or more calibration parameters based, at least in part, on the one or more first sensing measurements and expected values of the one or more first sensing measurements, (Tadayon – [0100], [0107])
wherein the expected values of the one or more first sensing measurements are based on a location, a velocity, or both of the first sensing node, a location, a velocity, or both of the second sensing node, and a location, a velocity, or both of the target SRU. (Tadayon – [0100], [0134], [0136])
Regarding Claims 13, 30, Tadayon further discloses:
further comprising: configuring the second sensing node to transmit the one or more first sensing reference signals towards the target SRU. (Tadayon – [0108], [0109])
Regarding Claim 14, Tadayon further discloses:
further comprising: receiving, from a third sensing node, (Tadayon – [Fig. 10-11], [0035] Each base station 170 is configured to wirelessly interface with one or more of the UEs 110 to enable access to any other base station 170,)
one or more second sensing measurements of the one or more first sensing reference signals, (Tadayon – [Fig. 10-11], [0035])
wherein the one or more calibration parameters are further determined based, at least in part, on the one or more second sensing measurements and expected values of the one or more second sensing measurements, and (Tadayon – [Fig. 10-11], [0100], [0107])
wherein the expected values of the one or more second sensing measurements are based on the location, the velocity, or both of the second sensing node, a location, a velocity, or both of the third sensing node, and the location, the velocity, or both of the target SRU. (Tadayon – [Fig. 10-11], [0100], [0134], [0136])
Regarding Claim 15, Tadayon further discloses:
further comprising: receiving, from the second sensing node, one or more second sensing measurements of one or more second sensing reference signals transmitted by the first sensing node and reflected by the target SRU, (Tadayon – [Fig. 10-11], [0035], [0108], [0109])
wherein the one or more calibration parameters are further determined based, at least in part, on the one or more second sensing measurements and expected values of the one or more second sensing measurements, and (Tadayon – [Fig. 10-11], [0100], [0107])
wherein the expected values of the one or more second sensing measurements are based on the location, the velocity, or both of the first sensing node, the location, the velocity, or both of the second sensing node, and the location, the velocity, or both of the target SRU. (Tadayon – [Fig. 10-11], [0100], [0134], [0136])
Regarding Claim 16, Tadayon further discloses:
further comprising: transmitting the one or more calibration parameters to the first sensing node, the second sensing node, the target SRU, or any combination thereof for subsequent sensing procedures. (Tadayon – [Fig. 12], [0100], [0107])
Regarding Claim 17, Tadayon further discloses:
further comprising: performing a first positioning procedure with the first sensing node to determine the location, the velocity, or both of the first sensing node; (Tadayon – [0108], [0109], [0134], [0136])
performing a second positioning procedure with the second sensing node to determine the location, the velocity, or both of the second sensing node; and (Tadayon – [Fig. 10-11], [0035], [0108], [0109], [0134], [0136])
performing a third positioning procedure with the target SRU to determine the location, the velocity, or both of the target SRU. (Tadayon – [Fig. 10-11], [0035], [0108], [0109], [0134], [0136])
Regarding Claim 24, Tadayon discloses the following limitations:
A first sensing node, comprising: (Tadayon – [0035], [0109])
one or more memories; (Tadayon – [0030])
one or more transceivers; and (Tadayon – [0035])
one or more processors communicatively coupled to the one or more memories and the one or more transceivers, (Tadayon – [0030], [0035])
the one or more processors, either alone or in combination, configured to: (Tadayon – [0030], [0035])
obtain one or more sensing measurements of one or more sensing reference signals transmitted by a second sensing node and reflected by a target sensing reference unit (SRU); and (Tadayon – [0108], [0109])
report, via the one or more transceivers, the one or more sensing measurements to a sensing management entity, (Tadayon – [0035], [0050], [0108], [0110])
wherein a location, a velocity, or both of the first sensing node are known to the sensing management entity, (Tadayon – [Fig. 7], [0145], [0166])
wherein a location, a velocity, or both of the second sensing node are known to the sensing management entity, and (Tadayon – [Fig. 7], [0145], [0166])
wherein a location, a velocity, or both of the target SRU are known to the sensing management entity. (Tadayon – [0088], [0134])
Regarding Claim 28, Tadayon discloses the following limitations:
A sensing management entity, comprising: (Tadayon – [0006], [0108])
one or more memories; (Tadayon – [0030])
one or more transceivers; and (Tadayon – [0035])
one or more processors communicatively coupled to the one or more memories and the one or more transceivers, (Tadayon – [0030], [0035])
the one or more processors, either alone or in combination, configured to: receive, via the one or more transceivers, from a first sensing node, one or more first sensing measurements of one or more first sensing reference signals transmitted by a second sensing node and reflected by a target sensing reference unit (SRU); and (Tadayon – [Fig. 7], [0030], [0035], [0108], [0109])
determine one or more calibration parameters based, at least in part, on the one or more first sensing measurements and expected values of the one or more first sensing measurements, (Tadayon – [0100], [0107])
wherein the expected values of the one or more first sensing measurements are based on a location, a velocity, or both of the first sensing node, a location, a velocity, or both of the second sensing node, and a location, a velocity, or both of the target SRU. (Tadayon – [0100], [0134], [0136])
Response to Arguments
Applicant’s arguments, see Page 9, filed 12/26/2025, with respect to the rejection under 35 U.S.C. § 101 have been fully considered and are not persuasive. Applicant argues that the “these memories must be non- transitory, as otherwise, they could not be components of a physical apparatus”. This is incorrect, “Transitory forms of signal transmission (often referred to as "signals per se"), such as a propagating electrical or electromagnetic signal or carrier wave;” MPEP § 2106.03.
Applicant’s arguments, see Pages 9-10, filed 12/26/2025, with respect to the rejection under 35 U.S.C. § 102(a)(2) have been fully considered and are not persuasive. Applicant argues that Tadayon does not disclose “wherein a location, a velocity, or both of the first sensing node are known to the sensing management entity, wherein a location, a velocity, or both of the second sensing node are known to the sensing management entity, and wherein a location, a velocity, or both of the target SRU are known to the sensing management entity,”. The examiner disagrees, Tadayon [0136] clearly discloses a location management function configured to estimate a location and velocity and therefor are known to a “sensing management entity”. Though the limitations do not seem to require that these quantities be known prior to reporting them, the applicant’s interpretation is also taught by the correcting process disclosed in Tadayon [0100]. The location and velocities disclosed in Tadayon [0136] are sensing based observations and are required prior knowledge in order to “attempt to find matches between the corrected RS-based observations, RTT′p, and the sensing-based observations RTTs”.
Applicant’s arguments, see Pages 10-11, filed 12/26/2025, with respect to the rejection under 35 U.S.C. § 102(a)(2) have been fully considered and are not persuasive. Applicant argues that the dependent claims are allowable due to the dependency on the independent claims. The examiner disagrees due to the above-mentioned rejections.
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims is understandable and distinguishable from other inventions.
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 extension fee 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 date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure or directed to the state of art is listed on the enclosed PTO-892.
The following is a brief description for relevant prior art that was cited but not applied:
Zhu (US 20230309144) describes systems and methods of integrated sensing and communication involving a communications network for the exchange of both communications signals and sensing signals.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON JAMES HENSON whose telephone number is (703)756-1841. The examiner can normally be reached Monday-Friday 9:00 am - 5:00 pm.
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, Robert Hodge can be reached at 571-272-2097. 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.
/BRANDON JAMES HENSON/Examiner, Art Unit 3645
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645