DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Applicant's submission filed on August 7, 2026 has been entered.
No claims are amended
Claim 1-20 have are pending this application.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lien et al (US20200348390A1) in view of Sakai et al (US 2017/0367040).
Regarding Claim 1, Lien teaches method comprising [0044-0046]:
switching a first transceiver and a second transceiver [0059-0061 for switching transmitter and received in a full duplex operation]
generating a designated waveform at a wireless device [0061 for the duplex operation signal causes the switch to connect the transmitter to the antenna and causes the switch to connect the receiver to the antenna];
transmitting a first signal based on the designated waveform via the first transceiver of the wireless device [0061];
receiving a second signal via the second transceiver of the wireless device [0061]
the second transceiver being collocated with the first transceiver within the wireless device [0048 for having components within the chip set]
and generating sensing data based on the second signal [0044, 0087],
the sensing data comprising an indication of whether an entity has been detected by the wireless device [0044 for detecting a presence of a user, tracking the user's gestures for touch-free control].
Lien fails to explicitly teach from a communications mode to a sensing mode while maintaining a network connection such that sensing operations of the sensing mode are performed during a duration of a sleep mode communicated to one or more other wireless devices associated with the network connection.
Sakai has information processing device in a first mode transitions to a second mode in which the information processing device consumes power differently than in the first mode (abstract) and teaches from a communications mode to a sensing mode while maintaining a network connection such that sensing operations of the sensing mode are performed during a duration of a sleep mode communicated to one or more other wireless devices associated with the network connection [0078-0079 for wireless base unit transmits a Sleep frame just before entering sleep mode].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the presence detection techniques, as disclosed by Lien, further including the power mode calculations as taught by Sakai for the purpose of enabling the base unit to save power (Sakai, 0080).
Regarding Claim 10, Lien teaches a system comprising [0044-0046]:
a first transceiver configured to be compatible with a wireless communications protocol [0059-0061 for switching transmitter and received in a full duplex operation];
a second transceiver configured to be compatible with the wireless communications protocol, the first transceiver being collocated with the second transceiver [0061 for the duplex operation signal causes the switch to connect the transmitter to the antenna and causes the switch to connect the receiver to the antenna];
and a processing device coupled to the first transceiver and the second transceiver, and configured to: switch the first transceiver and the second transceiver from a communications mode to a sensing mode [0060 for full-duplex operation can be achieved by the controller setting a state of the switches via a duplex operation signal. In this way, the controller can enable the wireless communication chipset];
generate a designated waveform [0058 for multiple transceivers (generating waveform)];
transmit a first signal based on the designated waveform via the first transceiver [0048 for having components within the chip set];
receive a second signal via the second transceiver [0061];
and generate sensing data based on the second signal [0044, 0087],
the sensing data comprising an indication of whether an entity has been detected [0044 for detecting a presence of a user, tracking the user's gestures for touch-free control].
Lien fails to explicitly teach while maintaining a network connection such that sensing operations of the sensing mode are performed during a duration of a sleep mode communicated to one or more other wireless devices associated with the network connection.
Sakai has information processing device in a first mode transitions to a second mode in which the information processing device consumes power differently than in the first mode (abstract) and teaches while maintaining a network connection such that sensing operations of the sensing mode are performed during a duration of a sleep mode communicated to one or more other wireless devices associated with the network connection [0078-0079 for wireless base unit transmits a Sleep frame just before entering sleep mode].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the presence detection techniques, as disclosed by Lien, further including the power mode calculations as taught by Sakai for the purpose of enabling the base unit to save power (Sakai, 0080).
Regarding Claim 16, Lien teaches a device comprising [0044-0046]:
processing elements configured to: switch a first transceiver and a second transceiver from a communications mode to a sensing mode [0059-0061 for switching transmitter and received in a full duplex operation];
generate a designated waveform at a wireless device [0058 for multiple transceivers (generating waveform)];
transmit a first signal based on the designated waveform via the first transceiver of the wireless device [0061 for the duplex operation signal causes the switch to connect the transmitter to the antenna and causes the switch to connect the receiver to the antenna];
receive a second signal via the second transceiver of the wireless device, the second transceiver being collocated with the first transceiver within the wireless device [0048 for having components within the chip set];
and generate sensing data based on the second signal [0044, 0087],
the sensing data comprising an indication of whether an entity has been detected by the wireless device [0044 for detecting a presence of a user, tracking the user's gestures for touch-free control].
Lien fails to explicitly teach while maintaining a network connection such that sensing operations of the sensing mode are performed during a duration of a sleep mode communicated to one or more other wireless devices associated with the network connection.
Sakai has information processing device in a first mode transitions to a second mode in which the information processing device consumes power differently than in the first mode (abstract) and teaches while maintaining a network connection such that sensing operations of the sensing mode are performed during a duration of a sleep mode communicated to one or more other wireless devices associated with the network connection [0078-0079 for wireless base unit transmits a Sleep frame just before entering sleep mode].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the presence detection techniques, as disclosed by Lien, further including the power mode calculations as taught by Sakai for the purpose of enabling the base unit to save power (Sakai, 0080).
Regarding Claim 2 and 11, Lien teaches the second signal is generated based on one or more of a reflection of the first signal off of the entity and a parasitic coupling [0061 for receiving signal reflected from object].
Regarding Claim 3, 12, and 18, Lien teaches determining if the entity has been detected based on a comparison of the sensing data with additional sensing data [0062 for a shift in frequency between the transmitted radar signal and the reflected radar signal over time, a range and range-rate of the target].
Regarding Claim 4, 13, and 19, Lien teaches transmitting a message to an additional wireless device in response to determining that an entity has been detected [0039-0040 for Radar data that is collected through cooperative or non-cooperative techniques can also be shared across all of the computing devices].
Regarding Claim 5, 14, and 20, Lien teaches the switching of the first transceiver and the second transceiver is performed prior to the generating of the designated waveform, and wherein the switching comprises [0060 for state of the switches via a duplex operation signal].
Lien fails to explicitly teach transmitting a message indicating the wireless device is transitioning to a sleep mode; and maintaining a network connection used by the wireless device in the communications mode.
Sakai has information processing device in a first mode transitions to a second mode in which the information processing device consumes power differently than in the first mode (abstract) and teaches transmitting a message indicating the wireless device is transitioning to a sleep mode [0078-0079 for wireless base unit transmits a Sleep frame just before entering sleep mode];
and maintaining a network connection used by the wireless device in the communications mode [0081 for sleep mode includes the meaning of suspend mode or power save mode].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the presence detection techniques, as disclosed by Lien, further including the power mode calculations as taught by Sakai for the purpose of enabling the base unit to save power (Sakai, 0080).
Regarding Claim 6, Lien teaches when in the communications mode, the first transceiver and the second transceiver are configured to be compatible with a wireless communications protocol [0027-0028 for wireless and radar sensing].
Regarding Claim 7 and 15, Lien teaches the wireless communications protocol is a Wi-Fi protocol [0035 for using Wi-Fi].
Regarding Claim 8, Lien teaches switching the first transceiver and the second transceiver from the sensing mode to the communications mode after the generating of the sensing data [0060].
Regarding Claim 9, Lien teaches transmitting the sensing data to a computing device [0047 for computing device and radar data].
Response to Arguments
Applicants’ arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In applicants’ arguments page 2 first paragraph of applicant’s arguments, the applicant states that Lien fails to teach maintaining connection with the network. The examiner respectfully disagrees: Lien teaches time sharing of wireless devices [Lien, 0046] therefore the wireless chipset keeps the same link to the other device while performing radar sensing, not disconnecting, just taking “turns.”
In applicants’ arguments, page 3, last paragraph, the applicant argues that Lien does not require maintaining a network connection. The examiner respectfully disagrees: Lien teaches synchronized in time using atomic clocks, global-positioning system time, cellular synchronization, wireless communications [Lien, 0039] therefore multiple device must stay synchronized in time therefore the connections are up and working during radar sensing because devices cannot sync if the link is dropped.
In applicants’ arguments, page 4, third paragraph, the applicant argues that Tertinek does not fill the gaps of Lien. The examiner respectfully disagrees: this office action does not use Tertinek as a secondary reference, new reference Sakai teaches the sleep mode describe in the claims [Sakai, 0078-0080].
The examiner acknowledges that this is a broader interpretation than Applicant’s.
However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kumar et al (US20220349980A1) has techniques provided for radio frequency sensing using a single wireless device
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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