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 .
Response to Remarks
This Office action is considered fully responsive to the amendments filed 03/16/2026.
The previous specification amendment is withdrawn in light of Applicant’s amendments.
Response to Arguments
Applicant's arguments filed 03/16/2026 have been fully considered but they are not persuasive.
Applicant argues the prior art does not disclose “sensing information comprising at least one of an orientation, a distance, or a speed of a target object, or detecting, tracking, recognizing, or imaging the target object, event or environment” as amended into the independent claims (pages 12-14, Remarks).
Examiner respectfully disagrees. Examiner notes that much of the amendment is written in the alternative, therefore it does not all need to be given patentable weight. As Examiner will additionally demonstrate, the amendments are also broad with respect to the terminology claimed. The prior art does disclose at least “sensing information comprising one of….detecting [or], recognizing…event or environment” as Chen at para. 0045 discloses “measurement (i.e. sensing) quantity….referred to as….SINR, RSRP, RSRQ.” SINR, RSRP, RSRQ are detected or recognized events as they pertain to sensing of signal strength. SINR, RSRP, RSRQ also pertain to the environment as in general the sensed signals are sent in an environment, and even more specifically SINR pertains to an environment of signal and noise.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Remarks, page 14: “sensing of physical objects or environments”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues: the other independent claims and dependent claims are allowable (page 15, Remarks).
Examiner respectfully disagrees. All claims are rejected as detailed above and in the Claim Rejections section below.
Claim Objections
Claim 19 objected to because of the following informalities: “performing” should be deleted, and further, other action verbs should be amended to remove the suffix “ing” accordingly. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: “claims 12” should be “claim 12” therefor. Appropriate correction is required.
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) 1-8, 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/038260 A1 to CHEN et al. (“Chen”) [For purposes of examination, Examiner cites to English language equivalent U.S. Publication No. 2021/0185551 A1, provided by Applicant].
As to claim 1, see similar rejection to claim 19. The apparatus teaches the method.
As to claim 2, Chen further discloses the method according to claim 1, further comprising: determining the preset condition through an agreement or by receiving first information sent by a second device, wherein the first information indicates the preset condition (para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell corresponding to a first condition, i.e. preset condition, when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition; Receive a threshold of a measurement quantity configured by a network device, i.e. receiving first information, indicates the preset condition).
As to claim 3, Chen further discloses the method according to claim 1, further comprising: receiving second information sent by the second device, wherein the second information indicates a first sensing requirement (para. 0040, Receive a threshold, i.e. receiving second information, of a measurement quantity, i.e. indicates a first sensing requirement, configured by a network device), and the first sensing requirement is associated with at least one of the following: the preset condition (para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell corresponding to a first condition, i.e. preset condition, when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a source or format of the sensing signal; the measurement quantity (para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell corresponding to a first condition, i.e. preset condition, when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition) or a reporting quantity; and a resource used for reporting the measurement quantity.
As to claim 4, Chen further discloses the method according to claim 1, wherein the signal quality is indicated by at least one of the following: reference signal received power (RSRP); signal to interference plus noise ratio (SINR); signal-to-noise ratio (SNR); a ratio of carrier signal strength to interference signal strength (C/I); and reference signal received quality (RSRQ) (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ).
As to claim 5, Chen further discloses the method according to claim 1 [see claim 1 rejection], wherein the first indicator comprises at least one of the following: a signal-to-clutter ratio; sensing resolution or sensing resolution precision; a signal side lobe characteristic; and peak to average power ratio (PAPR) [Examiner notes that this claim further limits an optional limitation “first indicator” from claim 1, therefore these limitations are not given patentable weight].
As to claim 6, Chen further discloses the method according to claim 1, wherein the sensing result comprises at least one of the following: a location of a target object (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. neighbor is a location) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a distance of the target object; a speed of the target object; a detection result of the target object (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. measure/track are detections) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a tracking result of the target object (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a recognition result of the target object; an imaging result of the target object; humidity; a temperature; and air quality.
As to claim 7, Chen further discloses the method according to claim 1, wherein the measurement quantity comprises at least one of the following: a first-type measurement quantity; and a second-type measurement quantity, wherein the first-type measurement quantity comprises at least one of the following: a channel matrix H; channel state information (CSI); power, a delay and/or angle information of each path in a multipath channel; Doppler spread; Doppler shift; a phase difference between a first antenna and a second antenna; and a delay difference between the first antenna and the second antenna; and the second-type measurement quantity (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a second type)) comprises at least one of the following: feature information of a target object (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ; para. 0053-0055, The first condition may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. neighboring is a feature information of the target cell) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); target event-related information; and target environment-related information (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ; para. 0053-0055, The first condition may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. neighboring is environment-related) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition).
As to claim 8, Chen further discloses the method according to claim 1, wherein the measurement quantity is a measurement quantity for each antenna or a measurement quantity for each sensing resource (para. 0098, A terminal receives an at-least-two-level threshold of a measurement quantity (measurement quantity) that is used for neighboring cell measurement and that is configured by a network device for the terminal by using information carried in a broadcast message, a system message (for example, system information block (SIB)), a dedicated radio resource control (RRC) message (i.e. each sensing resource) (for example, an RRC release (release) or RRC suspend (suspend) message)).
As to claim 10, Chen further discloses the method according to claim 1, further comprising: obtaining configuration information of the first signal (para. 0040, Receive a threshold (i.e. first signal) of a measurement quantity configured by a network device; para. 0041, multi-level threshold of the measurement quantity is configured (i.e. configuration information of the first signal)), wherein the performing, by the first device, the first operation comprises: performing, by the first device, the first operation based on the configuration information of the first signal (para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell, i.e. first operation, corresponding to a first condition when the threshold (i.e. based on the configuration information) of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition), wherein the configuration information comprises at least one of the following: a waveform; a signal parameter (para. 0042, multi-level threshold, i.e. parameter, of the measurement quantity used for neighboring cell measurement and configured for the terminal is received by using information carried in a broadcast message, a system message (for example, a system information block (SIB)), a dedicated radio resource control (RRC) message (for example, an RRC release (release) or RRC suspend (suspend) message), i.e. signals); signal transmission power; a signal format; a signal direction; a time resource; a frequency resource; a quasi-co-location (QCL) relationship; and measurement quantity information (para. 0041, multi-level threshold of the measurement quantity).
As to claim 11, Chen further discloses the method according to claim 10, wherein the signal parameter comprises at least one of the following: a subcarrier spacing; a guard interval; a bandwidth (para. 0004, Cell selection received signal strength value (S.sub.rxlev)>Intra-frequency (i.e. bandwidth) measurement start reference signal received power (RSRP) threshold (S.sub.IntraSearchP) (i.e. signal parameter), and Cell selection signal quality value (S.sub.qual)>Intra-frequency measurement start reference signal received power (RSRQ) threshold (S.sub.IntraSearchQ).); burst burst duration; and a time domain interval.
As to claim 12, Chen discloses a communication sensing method (para. 0008-0010, 0039, 0040), comprising: sending, by a second device, first information, wherein the first information indicates a preset condition (para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell corresponding to a first condition, i.e. preset condition, when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition; Receive a threshold of a measurement quantity configured by a network device, i.e. receiving first information, indicates the preset condition); or sending, by the second device, second information, wherein the second information indicates a first sensing requirement for sensing information comprising at least one of an orientation, a distance, or a speed of a target object, or detecting, tracking, recognizing, or imaging the target object, event or environment (para. 0040, Receive a threshold, i.e. receiving second information, of a measurement quantity, i.e. indicates a first sensing requirement, configured by a network device; para. 0045 discloses “measurement (i.e. sensing) quantity….referred to as….SINR, RSRP, RSRQ.” SINR, RSRP, RSRQ are detected or recognized events as they pertain to sensing of signal strength. SINR, RSRP, RSRQ also pertain to the environment as in general the sensed signals are sent in an environment, and even more specifically SINR pertains to an environment of signal and noise), wherein the first sensing requirement is associated with at least one of the following: the preset condition (para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell corresponding to a first condition, i.e. preset condition, when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a source or format of a sensing signal; a measurement quantity para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell corresponding to a first condition, i.e. preset condition, when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition) or a reporting quantity; and a resource used for reporting the measurement quantity; and the preset condition comprises at least one of the following: signal quality of a first target signal satisfies a first condition (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a first target signal); para. 0053-0054, The first condition may include at least one of the following: the value of the measurement quantity of the cell in which the terminal is located is less than the first threshold); a first indicator corresponding to a second target signal satisfies a second condition, wherein the first indicator is an indicator related to quality of the sensing signal; a sensing result associated with a third target signal satisfies a third condition, wherein the third target signal is a signal used for sensing (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold); and a sensing-related measurement quantity associated with a fourth target signal satisfies a fourth condition, wherein the fourth target signal is a signal used for sensing (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a fourth target); para. 0053-0056, The first condition (i.e. fourth condition) may include at least one of the following: a number of neighboring cells whose values of a corresponding measurement quantity are greater than the third threshold is greater than a second preset number).
As to claim 13, Chen further discloses the method according to claim 12, wherein the signal quality is indicated by at least one of the following: reference signal received power (RSRP); signal to interference plus noise ratio (SINR); signal-to-noise ratio (SNR); C/I; and reference signal received quality (RSRQ) (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ).
As to claim 14, Chen further discloses the method according to claim 12, wherein the first indicator comprises at least one of the following: a signal-to-clutter ratio; sensing resolution or sensing resolution precision; a signal side lobe characteristic; and peak to average power ratio (PAPR) [Examiner notes that this claim further limits an optional limitation “first indicator” from claim 12, therefore these limitations are not given patentable weight].
As to claim 15, Chen further discloses the method according to claim 12, wherein the sensing result comprises at least one of the following: a location of a target object (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. neighbor is a location) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a distance of the target object; a speed of the target object; a detection result of the target object (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. measure/track are detections) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a tracking result of the target object (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); a recognition result of the target object; an imaging result of the target object; humidity; a temperature; and air quality.
As to claim 16, Chen further discloses the method according to claim 12, wherein the measurement quantity comprises at least one of the following: a first-type measurement quantity; and a second-type measurement quantity, wherein the first-type measurement quantity comprises at least one of the following: a channel matrix H; channel state information (CSI); power, a delay and/or angle information of each path in a multipath channel; Doppler spread; Doppler shift; a phase difference between a first antenna and a second antenna; and a delay difference between the first antenna and the second antenna; and the second-type measurement quantity (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a second type)) comprises at least one of the following: feature information of a target object (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ; para. 0053-0055, The first condition may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. neighboring is a feature information of the target cell) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition); target event-related information; and target environment-related information (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ; para. 0053-0055, The first condition may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold; para. 0046, Step 202: Determine to measure and/or track (tracking) a target neighboring cell (i.e. neighboring is environment-related) corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition).
As to claim 17, Chen further discloses the method according to claim 12, further comprising: sending configuration information of a first signal (para. 0040, Receive a threshold (i.e. first signal) of a measurement quantity configured by a network device; para. 0041, multi-level threshold of the measurement quantity is configured (i.e. configuration information of the first signal)), wherein the first signal is a signal used for sensing (para. 0040, Receive a threshold of a measurement quantity, i.e. indicates a first sensing requirement, configured by a network device); and the configuration information comprises at least one of the following: a waveform; a signal parameter (para. 0042, multi-level threshold, i.e. parameter, of the measurement quantity used for neighboring cell measurement and configured for the terminal is received by using information carried in a broadcast message, a system message (for example, a system information block (SIB)), a dedicated radio resource control (RRC) message (for example, an RRC release (release) or RRC suspend (suspend) message), i.e. signals); signal transmission power; a signal format; a signal direction; a time resource; a frequency resource; a quasi-co-location (QCL) relationship; and measurement quantity information (para. 0041, multi-level threshold of the measurement quantity).
As to claim 18, Chen further discloses the method according to claim 17, wherein the signal parameter comprises at least one of the following: a subcarrier spacing; a guard interval; a bandwidth (para. 0004, Cell selection received signal strength value (S.sub.rxlev)>Intra-frequency (i.e. bandwidth) measurement start reference signal received power (RSRP) threshold (S.sub.IntraSearchP) (i.e. signal parameter), and Cell selection signal quality value (S.sub.qual)>Intra-frequency measurement start reference signal received power (RSRQ) threshold (S.sub.IntraSearchQ).); burst burst duration; and a time domain interval.
As to claim 19, Chen discloses a network device (para. 0008-0010, 0039, 0040, terminal), comprising a processor (para. 0192, processor), a memory (para. 0192, memory), and a program or instructions stored on the memory and capable of running on the processor, wherein when the program or the instructions are executed by the processor, the processor is configured to (para. 0204, steps described in combination with the content disclosed in the present disclosure may be implemented by hardware, or may be implemented by a processor by executing a software instruction): performing perform a first operation in a case that a preset condition is satisfied (para. 0008-0010, 0039, 0040, the terminal determines to measure and/or track a target neighboring cell, i.e. first operation, corresponding to a first condition when the threshold of the measurement quantity and a value of a measurement quantity of a cell in which the terminal is located or a neighboring cell meet the first condition, i.e. preset condition is satisfied), wherein the first operation comprises one of the following: detecting a first signal (para. 0040, Receive a threshold of a measurement quantity configured by a network device); sending a measurement quantity related to the first signal; detecting the first signal and sending the measurement quantity related to the first signal; and sending the first signal, wherein the first signal is a signal used for sensing information comprising at least one of an orientation, a distance, or a speed of a target object, or detecting, tracking, recognizing, or imaging the target object, event or environment (para. 0045 discloses “measurement (i.e. sensing) quantity….referred to as….SINR, RSRP, RSRQ.” SINR, RSRP, RSRQ are detected or recognized events as they pertain to sensing of signal strength. SINR, RSRP, RSRQ also pertain to the environment as in general the sensed signals are sent in an environment, and even more specifically SINR pertains to an environment of signal and noise.);
the preset condition comprises at least one of the following: signal quality of a first target signal satisfies a first condition (para. 0045, measurement quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a first target signal); para. 0053-0054, The first condition may include at least one of the following: the value of the measurement quantity of the cell in which the terminal is located is less than the first threshold); a first indicator corresponding to a second target signal satisfies a second condition, wherein the first indicator is an indicator related to quality of the sensing signal; a sensing result associated with a third target signal satisfies a third condition, wherein the third target signal is a signal used for sensing (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a third target); para. 0053-0055, The first condition (i.e. third condition) may include at least one of the following: the value of the measurement quantity of the neighboring cell is greater than the second threshold); and a sensing-related measurement quantity associated with a fourth target signal satisfies a fourth condition, wherein the fourth target signal is a signal used for sensing (para. 0045, measurement (i.e. sensing) quantity ….referred to as….SINR, RSRP, RSRQ (i.e. any being a fourth target); para. 0053-0056, The first condition (i.e. fourth condition) may include at least one of the following: a number of neighboring cells whose values of a corresponding measurement quantity are greater than the third threshold is greater than a second preset number).
As to claim 20, Chen further discloses a network device (para. 0199, network device 700), comprising a processor (para. 0199, processor 701), a memory (para. 0199, memory 703), and a program or instructions stored on the memory and capable of running on the processor, wherein when the program or the instructions are executed by the processor, the communication sensing method according to claims 12 is implemented (para. 0204, steps described in combination with the content disclosed in the present disclosure may be implemented by hardware, or may be implemented by a processor by executing a software instruction).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/038260 A1 to CHEN et al. (“Chen”) [For purposes of examination, Examiner cites to English language equivalent U.S. Publication No. 2021/0185551 A1, provided by Applicant] in view of WO 2019/184690 A1 to YANG [For purposes of examination, Examiner cites to English language equivalent U.S. Publication No. 2021/0014022 A1].
As to claim 9, Chen does not expressly disclose the method according to claim 1, wherein the first operation further comprises: reporting measurement information related to the preset condition.
YANG discloses when the physical layer of the UE receives a request or instruction or notification from a higher layer of the UE, it reports a measurement result that meets a preset condition to the higher layer of the UE (para. 0069).
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the reporting of YANG into the invention of Chen. The suggestion/motivation would have been for determining a beam failure detection reference signal resource (YANG, para. 0002). Including the reporting of YANG into the invention of Chen was within the ordinary ability of one of
ordinary skill in the art based on the teachings of YANG.
Conclusion
THIS ACTION IS MADE FINAL. 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 OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm.
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, ASAD NAWAZ can be reached at 571-272-3988. 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.
/OMAR J GHOWRWAL/ Primary Examiner, Art Unit 2463
Prosecution Insights