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 .
Claims 15-34 are pending.
Amendments 9/13/2026 are entered.
Response to arguments
Applicant arguments have been fully considered, but are moot in view of a new ground of rejections to address new amendments.
In addition, in response to specific arguments for reference Hwang:
Applicant argues sensing-off in Hwang is not considered a sensing mode in which sensing is performed. The examiner disagrees. Active/Idle modes (and equivalents) are well-established in the art for several types of actions in electronic devices as the mode/stage/state/status a device can be in. Thus, this was a reasonable reading. Furthermore, the claims, either previously or current amended version, requires references to meet only one of the modes. In ¶0165-0162, Hwang disclose discloses sensing of SL subchannels within the same carrier also used for PSCCH/PSSCH. Again, the claim only requires one of the modes listed to be met. Applicant arguments treat both options as mandatory, but that is not how the limitations are written. Applicant is also reminded that it is improper to import limitations from the Specification into the claims.
Applicant further argues the carrier features “further define” the sensing-based/non-sensing links and Hwang lacks them. Again, the amended claims still recite the first link in the alternative: (i) a non-sensing-based link and the same carrier OR (ii) a sensing-based link and the dedicated sensing carrier. Not to mention the claim do not explicitly define “dedicated sensing carrier”, the reference Hwang ¶0162-0165 discloses PSCCH/PSSCH on the SL carrier, which meets (i).
Moreover, neither the amendments or the arguments provide a clarification as to the structurally difference between a sensing-based link and a regular link, and similarly AI-based link or non-AI link, other than use-case language. A link/channel are medium to transport data. Using it for sensing or transporting AI data does not make it experience some sort of evolution or ascension structurally. Both claims and the specification has no explicit language pertaining such structural differences. So long as the references’ links can be used to perform the same purposes as claimed, they are considered equivalent. MPEP 2114 (IV) - Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. Therefore, if the prior art discloses a device that can inherently perform the claimed function, a rejection under 35 U.S.C. 102 and/or 35 U.S.C. 103 may be appropriate. See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007).
Regarding arguments on AI modes, see new ground of the rejections below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15-34 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The amendments introduce to the independent claims 15 and 25 the language of “optimizing”, namely optimizing an air interface component. It is a subject/relative terminology because it fails to offer a line that defines what constitute a state of optimization (i.e. what metrics, what steps, and relative to what baseline, what ceilings, who decides the state of optimization). Different practitioners would have had different opinions, answers or criteria for those questions depending on individual priorities, design goal/constraint/choices. . A claim term that requires the exercise of subjective judgment without restriction may render the claim indefinite. In re Musgrave, 431 F.2d 882, 893, 167 USPQ 280, 289 (CCPA 1970). Claim scope cannot depend solely on the unrestrained, subjective opinion of a particular individual purported to be practicing the invention. Datamize LLC v. Plumtree Software, Inc., 417 F.3d 1342, 1350, 75 USPQ2d 1801, 1807 (Fed. Cir. 2005)).
Dependent claims fail to remedy the issue and thus fall together with their respective base claims.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 15, 17, 19-21, 23, 24, 25, 27, 29-31, 33, and 34 is/are rejected under 35 U.S.C. 103as being unpatentable over Hwang et al. (US 2020/0266857) in view of Pezeshki (US 2021/0184744).
As to claims 15 and 25:
Hwang discloses a method, and an apparatus comprising at least one processor; a non-transitory computer readable storage medium, coupled to the at least one processor, storing programming for execution by the at least one processor (¶0380, processor coupled to a memory having codes to drive the operations), to cause the apparatus to perform said method; the method comprising:
communicating, by a first sensing agent for a first user equipment (UE), a first signal with a first node using a first sensing mode through a first link, (See ¶0165, UE perform sensing on a sub channel basis, wherein UE1 transmits a SCI to another node, such as UE2 or network node) on first channel, in a specific mode. UEmay transmit SCI to UE2 on a PSCCH and then transmit data based on the SCI to UE2 on a PSSCH, i.e. first link)
wherein the first sensing mode comprises one of multiple sensing mode in which the sensing is performed, including a sensing mode in which sensing is performed in a dedicated sensing carrier and another sensing mode in which the sensing is performed in a same carrier for wireless communication;
(¶0165, “the UE may determine SL transmission resources from among SL resources preconfigured or configured by the BS/network. For example, the preconfigured or configured SL resources may be a resource pool. For example, the UE may autonomously select or schedule SL transmission resources. For example, the UE may select resources in a configured resource pool on its own and perform SL communication in the selected resource”, i.e. sensing of SL subchannels is formed in the SL resource pool on the SL carrier also used for PSCCH/PSSCH. ¶0162, SL resources can be allocated in the same carrier. The claim requires to meet one of the listed modes, therefore Hwang discloses the latter of the two)
communicating, by a first AI agent for the first UE, a second signal with a second node using a first AI mode through a second link (See ¶0376-0377, 0417, 0420-0423, each of mobile device (UE)’s have AI-driven function (i.e. AI agent) which can perform various operation: prediction (can be read as prediction mode), learning for traing/updating model (i.e. learning mode), AI data transmission (i.e. collecting information/receiving information) with other AI devices via link 150 (a,b,c), which can be either AI-based or non-AI-based per ¶0377)
wherein the first link comprises one of:
a non-sensing-based link and the same carrier for wireless communication; or
and a sensing-based link and the dedicated sensing carrier,
(See at least ¶0162, 0165, first link PSCCH/PSSCH on the SL communication carrier. This is a non-sensing-based link on the same carrier for the wireless communication)
and the second link comprises one of: a non-AI-based link and an AI-based link that has AI-specific channels and/or signaling. (¶0377, connection link 150a-c are UL/DL sidelink, or inter-BS links of the RAT. These can be used for general purposes and thus AI-specific links, thus reads on “non-AI based link. Applicant is noted simply saying AI-specific channel does not make it so. A channel is to transport data. AI data is simply data for AI, but still data nonetheless, a use clause does not change the channel/link structurally)
Regarding: the first AI mode comprises one of multiple AI modes including an AI mode in which the first UE does not implement learning/training but supports one or more air interface components optimized by AI and another AI mode in which the UE implements learning or training to optimize one or more air interface components.
Hwang already discloses an AI mode in which the UE implements learning/training (See ¶0420-0423, i.e. learning processor to learn a model consisting of NN using learning data and update model for the RF processing)
Hwang does not explicitly frame the learning/training as to optimize one or more air interface component.
Pezeshki, in a related of machine learning to improve OTA processing, teaches a UE that implements machine learning/NN processing on channel measurements of RF signals and report findings to benefit beam managements and scheduling, including MCS (See Abstract, ¶0154, Fig. 14, 0190-0194, 0064), that is learning/training ML to optimize air interface component (beam, scheduling) through reducing latency, signal overhead, etc.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention to apply the UE-side ML of Pezeshki to the learning processor of Hwang. Both discloses a 5G UE that measure the RF environment for continuing improving performance via sensing and controlling links. Pezeshki discloses improvement of beam management and MCS as objects of improvement that Hwang is silent on. Hwang discloses updating of model, which suggests implicitly an improvement over pre-update model. Thus the result of the combination results to an AI mode that the UE implements learning to improve performance through reducing negative parameters (reducing latency/overhead etc, per Pezeshki – Abstract)
As to claims 17, 27:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, wherein the first UE in the sensing mode connects to a second UE using one or more sensing-dedicated sidelink channels to communicate sensing information, the one or more sensing-dedicated sidelink channels comprising either or both of: one or more physical channels; and one or more higher-layer channels. (See Hwang, Fig. 14b, ¶0165, using sidelink for sensing operation on a sensing physical channel)
As to claims 19, 29:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, wherein any one of the first node and the second node comprises a terrestrial network (TN) node or a non-terrestrial network (NTN) node. (See Hwang, Fig. 37, and Fig. 12, ¶0142, first and second nodes can be any of the nodes illustrated)
As to claims 20, 30:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, wherein one or both of the first link and the second link support an uplink channel to communicate learning and/or sensing information for AI in an application to electronic world and physical world interaction. (See Hwang, ¶0419, “The communication unit 110 may transmit and receive wired/radio signals (e.g., sensor information, user input, learning models, or control signals) to and from external devices such as other AI devices (e.g., 100x, 200, or 400 of FIG. 37) or an AI server (e.g., 400 of FIG. 37) using wired/wireless communication technology”, ¶0420, “the control unit 120 may request, search, receive, or use data of the learning processor unit 140c or the memory unit 130 and control the constituent elements of the AI device 100 to perform a predicted operation or an operation determined to be preferred among at least one feasible operation”. The transmission of the instant UE to another node is via an uplink channel)
As to claims 21, 31:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, wherein the second link supports a downlink channel to communicate information associated with inferencing for AI in an application to electronic world and physical world interaction. (See Hwang, ¶0420, “the control unit 120 may request, search, receive, or use data of the learning processor unit 140c or the memory unit 130 and control the constituent elements of the AI device 100 to perform a predicted operation or an operation determined to be preferred among at least one feasible operation”. See also ¶0404, 0221, supporting downlink channel from another node to receive AI data that is intended for prediction operation)
As to claims 23, 33:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, wherein the sensing-based link supports one or more sensing- dedicated channels to communicate sensing information, the one or more sensing-dedicated channels comprising either or both of: one or more physical channels; and one or more higher- layer channels. (Hwang,¶0165, sensing-based link used by UE to perform said sensing/sensing communication with UE2 or network. ¶0376, 0377, physical channel or other types)
As to claims 24, 34:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, wherein the first node is the same node as the second node. (Hwang, ¶0165, UE2 is both the subject of sensing as well as data transmission)
Claim(s) 16, 18, 22, 26, 28, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 2020/0266857) in view of Pezeshki (US 2021/0184744) in view of Liu et al. (US 2018/0092067).
As to claims 16, 26:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, and regarding:
wherein the first UE connects to a second UE using one or more AI-dedicated sidelink channels to communicate AI information, the one or more AI- dedicated sidelink channels comprising either or both of: one or more physical channels; and one or more higher-layer channels.
Hwang discloses sidelink between UEs wherein sidelink channel can be at least physical channel or higher layer channels (See Abstract, ¶0376), however does not explicitly disclose the sidelink channel as “AI-dedicated”.
Liu, in a related field of endeavor, discloses in at least ¶0019-0020, wherein the sidelinks of UEs are AI-controlled and thus rendering the sidelinks are -AI channels for communication of AI information as the communication are facilitated by AI.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Hwang use of the sidelink channel as “AI-dedicated” channel with AI control. This implementation advantageously allows for quick adaptation as AI dedicated channel can be quickly adapted to dynamic conditions of communication (See ¶0020 of Liu).
As to claims 18, 28:
Hwang in view of Pezeshki discloses all limitations of claim 15/25, and regarding: the first UE in the sensing mode connects to a second UE using one or more AI/sensing-dedicated sidelink channels to communicate AI and sensing information, the one or more AI/sensing-dedicated sidelink channels comprising either or both of: one or more physical channels; and one or more higher-layer channels.
Hwang discloses sidelink between UEs wherein sidelink channel can be at least physical channel or higher layer channels (See Abstract, ¶0376), and to communicate sensing information, the one or more sidelink channels comprising either or both of: one or more physical channels; and one or more higher-layer channels. (See Fig. 14b, ¶0165, using sidelink for sensing operation on a sensing physical channel)
however Hwang does not explicitly disclose the sidelink channels as “AI-dedicated”.
Liu, in a related field of endeavor, discloses in at least ¶0019-0020, wherein the sidelinks of UEs are AI-controlled and thus rendering the sidelinks are -AI channels for communication of AI information as the communication are facilitated by AI.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Hwang use of the sidelink channel as “AI-dedicated” channel with AI control. This implementation advantageously allows for quick adaptation as AI dedicated channel can be quickly adapted to dynamic conditions of communication (See ¶0020 of Liu).
As to claims 22, 32:
Hwang in view of Pezeshki discloses all limitations of claim 15, wherein the second link supports one or more channels to communicate information, the one or more Al-dedicated channels comprising either or both of: one or more physical channels; and one or more higher-layer channels. (¶0377, sidelinks being physical channels or other types)
however Hwang does not explicitly disclose the sidelink channels as “AI-dedicated”.
Liu, in a related field of endeavor, discloses in at least ¶0019-0020, wherein the sidelinks of UEs are AI-controlled and thus rendering the sidelinks are -AI channels for communication of AI information as the communication are facilitated by AI.
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Hwang use of the sidelink channel as “AI-dedicated” channel with AI control. This implementation advantageously allows for quick adaptation as AI dedicated channel can be quickly adapted to dynamic conditions of communication (See ¶0020 of Liu).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (2020/0351959) - A method and apparatus for identification of control information for sidelink management in a wireless communication system is provide. A first wireless device (e.g., a first user equipment (UE)) receives control information including at least one identifier (ID) associated with a link, and determines one of in-sync indication or out-of-sync indication based on a receiving quality of the control information.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUAN M HUA whose telephone number is (571)270-7232. The examiner can normally be reached 10:30-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUAN M HUA/Primary Examiner, Art Unit 2645
