DETAILED ACTION
Claims status
In response to the application filed on 02/10/2026, claims 1-20 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/10/2026 has been placed in the application file, and the information referred therein has been considered as to the merits.
Drawings
Drawing figures submitted on 02/10/2026 have been reviewed and accepted.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-4, 10-11, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over SAILY et al. (US 2024/0340942 A1) in view of BAYESTEH et al. (US 2023/0379684 A1), and further in view of GUO (US 2023/0049701 A1).
Regarding claim 1; Saily teaches an apparatus configured for wireless communications (See Fig. 2: the steps performed by a UE 1. ¶ [0114]), comprising: one or more memories; and one or more processors configured to cause the apparatus to:
transmit, to a user equipment (UE), one signal that includes a determining of a first frequency of a first signal (See Figs. 2 and 3: Operation 210, determining, by a user node (or UE), sidelink resources of a sidelink channel for transmission (i.e., transmitting first frequency of a first signal) of a sidelink signal for sensing, and In FIG. 3 , a UE1 may be in communication with UE2 via sidelink (SL) channel (i.e., to transmit sidelink resources of the SL channel to the UE2). ¶ [0029] and [0030]), and determine an indication of a second frequency of a backscattered signal corresponding to the first signal (See Fig. 2: Operation 230 of FIG. 2 includes determining, by the user node, channel information for the sidelink channel, wherein the channel information (i.e., indication of second frequency) is based on the transmitted sidelink signal that has been at least partially passively reflected (i.e., backscattered signal caused by reflected signal) from one object within a physical environment. ¶ [0030]. Note: The combination of steps 210 and 230 is being analyzed as a determining step of the indication of first frequency and second frequency.), wherein the one signal is different from the first signals and the backscattered signal (See Figs. 2-6: F determining, by a user node (or UE), sidelink resources of a sidelink channel for transmission (i.e., the first frequency) of a sidelink signal for sensing and measuring channel information on the at least partially passively reflected SL signal (i.e., second frequency) that is received by UE1. ¶ [0030] and ¶ [0045]);
transmit the first signal (See the method of FIG. 2, the controlling transmitting a sidelink signal may include controlling transmitting, by the user node (e.g., UE1), a Frequency-Modulated Continuous Wave radar signal using the sidelink resources (i.e., transmitting first signal) of the sidelink channel. ¶ [0042]) and
receive, from the UE, information encoded in the backscattered signal (See Fig. 7: UE2 (i.e., transmitting UE) measures channel information for the SL channel based on the transmitted SL reference signal that has been at least partially passively reflected (i.e., backscattered signal) by object 312… UE2 may transmit to UE1 (and UE1 may thus receive) the measured channel information for the SL channel, and which may also include or indicate a reference signal sequence number(s) (i.e., encoded in the backscattered signal) on which the channel information for the SL channel was based (or measured). ¶ [0048]).
Even though, Saily teaches determining the indication of a first frequency of a first signal and the indication of a second frequency of a backscattered signal (Saily: the channel information for the SL channel based on the transmitted SL signal that has been at least partially passively reflected by object 312. See ¶ [0030]), Saily doesn’t explicitly provide transmitting the backscattered signal to a UE.
However, Bayesteh discloses the method wherein transmitting the backscattered signal to the UE (Bayesteh: See Fig. 11; the UE 110 forms (step 1110) CSS backscatter and transmits (step 1112) the CSS backscatter to the Super-UE 110S. See ¶ [0091]. And see also ¶ [0073] for the method wherein the devices may be arranged to backscatter the common sensing signal over a different frequency, that is, to transmit a frequency-shifted version of the common sensing signal.)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide transmitting the indication of a second frequency of a backscattered signal to a UE as taught by Bayesteh to have incorporated in the system of Saily, so that it would provide that interference between cells and users and the effect of noise can be reduced. The plurality of advantages described hereinbefore enable large-scale MIMO to have a magnificent application prospect. Bayesteh: ¶ [0060].
Neither Saily nor Bayesteh explicitly states the method of indication of the first and second frequencies.
However, GUO further provides the method of indicating of the first and second frequencies (Guo-See Fig. 4: detecting/indicating whether the baseband signal includes a first preamble corresponding to a first channel (i.e., the first frequency) and generating a first detecting result accordingly; and detecting/indicating whether the baseband signal includes a second preamble corresponding to a second channel (i.e., second frequency) and generating a second detecting result accordingly…he second detecting result, determining to use a center frequency of the second channel to perform frequency shifting on the baseband signal, to generate the frequency-shifted baseband signal, i.e., the backscattered signal caused by the frequency shifting. See Abstract).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the method of indicating of the first and second frequencies as taught by Guo to have incorporated in the system of Saily, so that it would provide to reduce the total time required to complete passive scanning at WiFi stations in compliance with 2.4G/5G specifications. Guo: ¶ [0006].
Regarding claim 2; Saily in view of Bayesteh discloses the apparatus wherein the indication of the second frequency comprises an indication of a frequency shift relative to the first frequency (Bayesteh: The devices may be arranged to backscatter the common sensing signal (i.e., first signal) over a different frequency, that is, to transmit a frequency-shifted version of the common sensing signal. ¶ [0073]).
Regarding claim 3; Saily teaches the apparatus wherein the first frequency and the second frequency correspond to sidelink resources for communication between the apparatus and the UE (Saily: FIG. 7 is a diagram illustrating a system that includes UEs and a gNB/network node in which UE1 transmits a SL signal, and UE2 measures channel information of the SL channel based on the at least partially passively reflected SL signal. ¶ [0014]).
Regarding claim 4; Saily in view of Bayesteh discloses the apparatus wherein the one or more processors are further configured to cause the apparatus to: transmit, to a device configured to generate the backscattered signal, an indication of a frequency shift between the first frequency and the second frequency (Bayesteh: The TRP 170 (i.e., a device) then receives (step 1114) the CSS backscatter sent by UE 110. ¶ [0091]).
Regarding claim 10; Saily teaches an apparatus configured for wireless communications, comprising: one or more memories; and one or more processors configured to cause the apparatus to:
receive, from a user equipment (UE), one signal that includes a determining of a first frequency of a first signal (See Figs. 2 and 3: Operation 210, determining, by a user node (or UE), sidelink resources of a sidelink channel for transmission (i.e., transmitting first frequency of a first signal) of a sidelink signal for sensing, and In FIG. 3 , a UE1 may be in communication with UE2 via sidelink (SL) channel (i.e., to transmit sidelink resources of the SL channel to the UE2). ¶ [0029] and [0030]), and determine an indication of a second frequency of a backscattered signal corresponding to the first signal (See Fig. 2: Operation 230 of FIG. 2 includes determining, by the user node, channel information for the sidelink channel, wherein the channel information (i.e., indication of second frequency) is based on the transmitted sidelink signal that has been at least partially passively reflected (i.e., backscattered signal caused by reflected signal) from one object within a physical environment. ¶ [0030]. Note: The combination of steps 210 and 230 is being analyzed as a determining step of the indication of first frequency and second frequency.), wherein the one signal is different from the first signals and the backscattered signal (See Figs. 2-6: F determining, by a user node (or UE), sidelink resources of a sidelink channel for transmission (i.e., the first frequency) of a sidelink signal for sensing and measuring channel information on the at least partially passively reflected SL signal (i.e., second frequency) that is received by UE1. ¶ [0030] and ¶ [0045]);transmit, to the UE, information encoded in the backscattered signal (See Fig. 7: UE2 measures channel information for the SL channel based on the transmitted SL reference signal that has been at least partially passively reflected (i.e., backscattered signal) by object 312… UE2 may transmit to UE1 (and UE1 may thus receive) the measured channel information for the SL channel, and which may also include or indicate a reference signal sequence number(s) (i.e., encoded in the backscattered signal) on which the channel information for the SL channel was based (or measured). ¶ [0048]).
Even though, Saily teaches determining the indication of a first frequency of a first signal and the indication of a second frequency of a backscattered signal (Saily: the channel information for the SL channel based on the transmitted SL signal that has been at least partially passively reflected by object 312. See ¶ [0030]), Saily doesn’t explicitly provide receiving the backscattered signal and the indication of a second frequency of a backscattered signal by the UE.
However, Bayesteh discloses the method wherein receiving the backscattered signal (See Fig. 11: the super-UE 110S receives (step 1114S) CSS backscatter (e.g., a frequency-shifted version of the CSS transmitted by the TRP 170 in step 1106), ¶ [0098]) and the indication of a second frequency of a backscattered signal to a UE (Bayesteh: See Fig. 11: the UE 110 forms (step 1110) CSS backscatter and transmits (step 1112) the CSS backscatter to the Super-UE 110S. See ¶ [0091]. And see also ¶ [0073] for the method wherein the devices may be arranged to backscatter the common sensing signal over a different frequency, that is, to transmit a frequency-shifted version (i.e., second frequency) of the common sensing signal.)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide receiving the backscattered signal and the indication of a second frequency of a backscattered signal to a UE as taught by Bayesteh to have incorporated in the system of Saily, so that it would provide that interference between cells and users and the effect of noise can be reduced. The plurality of advantages described hereinbefore enable large-scale MIMO to have a magnificent application prospect. Bayesteh: ¶ [0060].
Neither Saily nor Bayesteh explicitly states the method of indication of the first and second frequencies.
However, GUO further provides the method of indicating of the first and second frequencies (Guo-See Fig. 4: detecting/indicating whether the baseband signal includes a first preamble corresponding to a first channel (i.e., the first frequency) and generating a first detecting result accordingly; and detecting/indicating whether the baseband signal includes a second preamble corresponding to a second channel (i.e., second frequency) and generating a second detecting result accordingly…he second detecting result, determining to use a center frequency of the second channel to perform frequency shifting on the baseband signal, to generate the frequency-shifted baseband signal, i.e., the backscattered signal caused by the frequency shifting. See Abstract).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the method of indicating of the first and second frequencies as taught by Guo to have incorporated in the system of Saily, so that it would provide to reduce the total time required to complete passive scanning at WiFi stations in compliance with 2.4G/5G specifications. Guo: ¶ [0006].
Regarding claim 11; Saily teaches the apparatus wherein the indication of the second frequency comprises an indication of a frequency shift relative to the first frequency (Bayesteh: The devices may be arranged to backscatter the common sensing signal (i.e., first signal) over a different frequency, that is, to transmit a frequency-shifted version of the common sensing signal. ¶ [0073]).
Regarding claim 14; Saily in view of Bayesteh discloses the apparatus wherein the one or more processors are further configured to cause the apparatus to: receive the first signal (Bayesteh: See Fig. 11: receiving (at step 1106) the common sensing signal. ¶ [0091]); and separate the first signal from the backscattered signal (Bayesteh: See Fig. 11: Upon receipt (step 1108) of the common sensing signal, the UE 110 forms (step 1110) CSS backscatter and transmits (step 1112) the CSS backscatter. ¶ [0091]).
Regarding claim 15; Saily teaches the apparatus wherein the one or more processors are further configured to cause the apparatus to: decode the backscattered signal (See Fig. 11: In operation, in aspects of the present application and in view of FIG. 11 , the TRP 170 transmits (step 1106) the common sensing signal. Upon receipt (step 1108) of the common sensing signal, the UE 110 forms (step 1110) CSS backscatter and transmits (step 1112) the CSS backscatter. The TRP 170 then receives (step 1114) the CSS backscatter. ¶ [0091]).
Regarding claim 16; Saily teaches a method for wireless communications (See Fig. 2: the steps performed by a UE 1. ¶ [0114]), comprising: one or more memories; and one or more processors configured to cause the apparatus to:
determining, to a user equipment (UE), one signal that includes a determining of a first frequency of a first signal (See Figs. 2 and 3: Operation 210, determining, by a user node (or UE), sidelink resources of a sidelink channel for transmission (i.e., transmitting first frequency of a first signal) of a sidelink signal for sensing, and In FIG. 3 , a UE1 may be in communication with UE2 via sidelink (SL) channel (i.e., to transmit sidelink resources of the SL channel to the UE2). ¶ [0029] and [0030]), and determine an indication of a second frequency of a backscattered signal corresponding to the first signal (See Fig. 2: Operation 230 of FIG. 2 includes determining, by the user node, channel information for the sidelink channel, wherein the channel information (i.e., indication of second frequency) is based on the transmitted sidelink signal that has been at least partially passively reflected (i.e., backscattered signal caused by reflected signal) from one object within a physical environment. ¶ [0030]. Note: The combination of steps 210 and 230 is being analyzed as a determining step of the indication of first frequency and second frequency.), wherein the one signal is different from the first signals and the backscattered signal (See Figs. 2-6: F determining, by a user node (or UE), sidelink resources of a sidelink channel for transmission (i.e., the first frequency) of a sidelink signal for sensing and measuring channel information on the at least partially passively reflected SL signal (i.e., second frequency) that is received by UE1. ¶ [0030] and ¶ [0045]);
transmitting the first signal (See the method of FIG. 2 , the controlling transmitting a sidelink signal may include controlling transmitting, by the user node (e.g., UE1), a Frequency-Modulated Continuous Wave radar signal using the sidelink resources (i.e., transmitting first signal) of the sidelink channel. ¶ [0042]) and
receiving, from the UE, information encoded in the backscattered signal (See Fig. 7: UE2 (i.e., from the UE) measures channel information for the SL channel based on the transmitted SL reference signal that has been at least partially passively reflected (i.e., backscattered signal) by object 312… UE2 may transmit to UE1 (and UE1 may thus receive) the measured channel information for the SL channel, and which may also include or indicate a reference signal sequence number(s) (i.e., encoded in the backscattered signal) on which the channel information for the SL channel was based (or measured). ¶ [0048]).
Even though, Saily teaches determining the indication of a first frequency of a first signal and the indication of a second frequency of a backscattered signal (Saily: the channel information for the SL channel based on the transmitted SL signal that has been at least partially passively reflected by object 312. See ¶ [0030]), Saily doesn’t explicitly provide transmitting the backscattered signal to a UE.
However, Bayesteh discloses the method wherein transmitting the backscattered signal to a UE (Bayesteh: See Fig. 11: the UE 110 forms (step 1110) CSS backscatter and transmits (step 1112) the CSS backscatter to the Super-UE 110S. See ¶ [0091]. And see also ¶ [0073] for the method wherein the devices may be arranged to backscatter the common sensing signal over a different frequency, that is, to transmit a frequency-shifted version of the common sensing signal.)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide transmitting the indication of a second frequency of a backscattered signal to a UE as taught by Bayesteh to have incorporated in the system of Saily, so that it would provide that interference between cells and users and the effect of noise can be reduced. The plurality of advantages described hereinbefore enable large-scale MIMO to have a magnificent application prospect. Bayesteh: ¶ [0060].
Neither Saily nor Bayesteh explicitly states the method of indication of the first and second frequencies.
However, GUO further provides the method of indicating of the first and second frequencies (Guo-See Fig. 4: detecting/indicating whether the baseband signal includes a first preamble corresponding to a first channel (i.e., the first frequency) and generating a first detecting result accordingly; and detecting/indicating whether the baseband signal includes a second preamble corresponding to a second channel (i.e., second frequency) and generating a second detecting result accordingly…he second detecting result, determining to use a center frequency of the second channel to perform frequency shifting on the baseband signal, to generate the frequency-shifted baseband signal, i.e., the backscattered signal caused by the frequency shifting. See Abstract).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the method of indicating of the first and second frequencies as taught by Guo to have incorporated in the system of Saily, so that it would provide to reduce the total time required to complete passive scanning at WiFi stations in compliance with 2.4G/5G specifications. Guo: ¶ [0006].
Regarding claim 17; Saily in view of Bayesteh discloses the method wherein the indication of the second frequency comprises an indication of a frequency shift relative to the first frequency (Bayesteh: The devices may be arranged to backscatter the common sensing signal (i.e., first signal) over a different frequency, that is, to transmit a frequency-shifted version of the common sensing signal. ¶ [0073]).
Regarding claim 18; Saily teaches the method wherein the first frequency and the second frequency correspond to sidelink resources for communication between the apparatus and the UE (Saily: FIG. 7 is a diagram illustrating a system that includes UEs and a gNB/network node in which UE1 transmits a SL signal, and UE2 measures channel information of the SL channel based on the at least partially passively reflected SL signal. ¶ [0014]).
Regarding claim 19; Saily in view of Bayesteh discloses the method wherein the one or more processors are further configured to cause the apparatus to: transmit, to a device configured to generate the backscattered signal, an indication of a frequency shift between the first frequency and the second frequency (Bayesteh: The TRP 170 (i.e., a device) then receives (step 1114) the CSS backscatter sent by UE 110. ¶ [0091]).
Allowable Subject Matter
Claims 5-9, 12-13, and 20 are objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAI AUNG/
Primary Examiner, Art Unit 2416
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