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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/26/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 13-16 and 28-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Klemmer (US 2020/0119780 A1).
Regarding claim 1, Klemmer (figures 3 and 9) discloses a wireless communication device (user equipment (UE) 116 in figure 3, and 900 in figure 9), comprising: a processing system that includes processor circuitry (controller/processor 340) and memory circuitry (360) that stores code (paragraphs [0049]-[0050]), the processing system configured to cause the wireless communication device to: transmit one or more sensing signals, associated with a radio frequency (RF) sensing procedure, using a first RF communication component (TX2 module 2 in 3rd measurement) from a first set of one or more RF communication components that are each associated with transmitting and receiving RF signals (paragraphs [0087]-[0088]); select, in association with one or more of the first set of one or more RF communication components being unavailable for the RF sensing procedure, a second RF communication component (RX3 module 3) from a second set of one or more RF communication components that are each associated with receiving RF signals and not associated with transmitting RF signals (paragraph [0088]); and receive one or more reflections of the one or more sensing signals using the second RF communication component (see figure 9, reflecting signal from object 910 to RX3 module 3, paragraphs [0088], also see paragraph [0084]).
Regarding claim 13, Klemmer discloses the wireless communication device of claim 1, wherein the RF sensing procedure is performed at a second time, wherein the processing system is further configured to cause the wireless communication device to: transmit additional sensing signals using the first RF communication component at a first time prior to the second time; receive reflections of the additional sensing signals at each of the second set of one or more RF communication components including the second RF communication component; and generate a data object comprising RF sensing parameters between the first RF communication component and the second set of one or more RF communication components, wherein the second RF communication component is selected from the second set of one or more RF communication components based at least in part on referencing the data object (paragraph [0088]).
Regarding claim 14, Klemmer discloses the wireless communication device of claim 1, wherein the second RF communication component (RX3 module 3) comprises one or more antenna elements for receiving RF signals (for receiving reflecting signal from object 910 in figure 9), and wherein the second RF communication component is not usable for transmitting RF signals (paragraphs [0088] and [0082]).
Regarding claim 15, Klemmer discloses the wireless communication device of claim 1, wherein the wireless communication device comprises a user equipment (UE) (user equipment (UE) 116 in figure 3, and 900 in figure 9), an integrated access and backhaul (IAB) node, a customer premises equipment (CPE), or any combination thereof (paragraphs [0049] and [0056]).
Regarding claim 16, Klemmer (figure 9) discloses a method for wireless communication by a wireless communication device (UE 900), comprising: transmitting one or more sensing signals, associated with a radio frequency (RF) sensing procedure, using a first RF communication component (TX2 module 2 in 3rd measurement) from a first set of one or more RF communication components that are each associated with transmitting and receiving RF signals (paragraphs [0087]-[0088]); selecting, in association with one or more of the first set of one or more RF communication components being unavailable for the RF sensing procedure, a second RF communication component (RX3 module 3) from a second set of one or more RF communication components that are each associated with receiving RF signals and not associated with transmitting RF signals (paragraph [0088]); and receiving one or more reflections of the one or more sensing signals using the second RF communication component (see figure 9, reflecting signal from object 910 to RX3 module 3, paragraph [0088], also see paragraph [0084]).
Regarding claim 28, Klemmer discloses the method of claim 16, wherein the RF sensing procedure is performed at a second time, the method further comprising: transmitting additional sensing signals using the first RF communication component at a first time prior to the second time; receiving reflections of the additional sensing signals at each of the second set of one or more RF communication components including the second RF communication component; and generating a data object comprising RF sensing parameters between the first RF communication component and the second set of one or more RF communication components, wherein the second RF communication component is selected from the second set of one or more RF communication components based at least in part on referencing the data object (paragraph [0088]).
Regarding claim 29, Klemmer (figure 9) discloses a wireless communication device (UE 900), comprising: means for transmitting one or more sensing signals, associated with a radio frequency (RF) sensing procedure, using a first RF communication component (TX2 module 2 in 3rd measurement) from a first set of one or more RF communication components that are each associated with transmitting and receiving RF signals (paragraphs [0087]- [0088]); means for selecting, in association with one or more of the first set of one or more RF communication components being unavailable for the RF sensing procedure, a second RF communication component (RX3 module 3) from a second set of one or more RF communication components that are each associated with receiving RF signals and not associated with transmitting RF signals (paragraph [0088]); and means for receiving one or more reflections of the one or more sensing signals using the second RF communication component (see figure 9, signal reflect from object 910 to RX3 module 3, paragraph [0088], also see paragraph [0084]).
Regarding claim 30, Klemmer (figures 3 and 9) discloses a non-transitory computer-readable medium storing code (memory 360), the code comprising instructions executable by one or more processors (controller/processor 340) to: transmit one or more sensing signals, associated with a radio frequency (RF) sensing procedure, using a first RF communication component (TX2 module 2 in 3rd measurement) from a first set of one or more RF communication components that are each associated with transmitting and receiving RF signals (paragraphs [0087]-[0088]); select, in association with one or more of the first set of one or more RF communication components being unavailable for the RF sensing procedure, a second RF communication component (RX3 module 3) from a second set of one or more RF communication components that are each associated with receiving RF signals and not associated with transmitting RF signals (paragraph [0088]); and receive one or more reflections of the one or more sensing signals using the second RF communication component (see figure 9, reflecting signal from object 910 to RX3 module 3, paragraph [0088], also see paragraph [0084]).
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.
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) 2, 11, 12, 17, 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Klemmer in view of Cho (US 2023/0082596 A1).
Regrading claims 2 and 17, Klemmer discloses the wireless communication device and method of claims 1 and 16. Klemmer does not explicitly disclose the wireless communication device and method above wherein, to select the second RF communication component, the processing system is configured to cause the wireless communication device to: select the second RF communication component from the second set of one or more RF communication components based at least in part on a distance between the second RF communication component and the first RF communication component, a signal leakage metric between the second RF communication component and the first RF communication component, or both. However, Cho disclose select second RF communication component (receive antenna) from the second set of one or more RF communication components based at least in part on a distance between the second RF communication component (receive antenna) and the first RF communication component (transmit antenna), a signal leakage metric between the second RF communication component and the first RF communication component, or both (in order for sensing distance sufficient isolation should be secured between transmit antenna and receive antenna, paragraph [0072]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the teaching of Cho to the wireless communication device and method of Klemmer to ensure accuracy in measurement.
Regarding claims 11 and 26, Klemmer discloses the wireless communication device and method of claims 1 and 16, respectively. Klemmer does not explicitly discloses the wireless communication device and method above wherein the processing system is further configured to cause the wireless communication device to: determine that the one or more RF communication components of the first set of one or more RF communication components are unavailable for the RF sensing procedure based at least in part on the one or more RF communication components being used for other wireless communication, another RF sensing procedure, a proximity sensing procedure, or any combination thereof. However, Cho discloses a processing system configured to cause a wireless communication device to: determine that the one or more RF communication components of a first set of one or more RF communication components are unavailable for an RF sensing procedure based at least in part on the one or more RF communication components being used for other wireless communication, another RF sensing procedure, a proximity sensing procedure, or any combination thereof (paragraph [0090]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the teaching of Cho to the wireless communication device and method of Klemmer for load balancing and preventing interference.
Regarding claims 12 and 27, Klemmer discloses the wireless communication device and method of claims 1 and 16, respectively. Klemmer does not explicitly discloses the wireless communication device and method above wherein the processing system is further configured to cause the wireless communication device to: determine that the one or more RF communication components of the first set of one or more RF communication components are unavailable for the RF sensing procedure based at least in part on a self-interference level associated with the one or more reflections of the one or more sensing signals received at the one or more RF communication components exceeding a threshold level. However, Cho discloses a processing system configured to cause the wireless communication device to: determine that the one or more RF communication components of a first set of one or more RF communication components are unavailable for an RF sensing procedure based at least in part on a self-interference level associated with the one or more reflections of the one or more sensing signals received at the one or more RF communication components exceeding a threshold level (paragraph [0072], in order for sensing distance sufficient isolation should be secured between transmit antenna and receive antenna). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the teaching of Cho to the wireless communication device and method of Klemmer to ensure accuracy in measurement.
Allowable Subject Matter
Claims 3-10 and 18-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 3 and 18, Klemmer and Cho disclose the wireless communication device and method of claims 2 and 17, respectively. However, Klemmer fails to discloses the wireless communication device and method above wherein to select the second RF communication component, the processing system is configured to cause the wireless communication device to: select the second RF communication component from the second set of one or more RF communication components of the wireless communication device based at least in part on an exposure of the second RF communication component to one or more objects detected via the RF sensing procedure.
Regarding claims 4 and 19, Klemmer discloses the wireless communication device and method of claims 1 and 16, respectively. However, Klemmer fails to discloses the wireless communication device and method above wherein the one or more sensing signals are transmitted during the RF sensing procedure using a plurality of transmit beams of the first RF communication component, wherein, to select the second RF communication component, the processing system is configured to cause the wireless communication device to: select the second RF communication component from the second set of one or more RF communication components based at least in part on a first subset of transmit beams of the plurality of transmit beams being used by the first RF communication component; receive a first subset of reflections of a first subset of sensing signals of the one or more sensing signals via the second RF communication component; select a third RF communication component from the second set of one or more RF communication components based at least in part on a second subset of transmit beams of the plurality of transmit beams being used by the first RF communication component; and receive a second subset of reflections of a second subset of sensing signals of the one or more sensing signals via the third RF communication component.
Regarding claims 5-8 and 20-23, Klemmer discloses the wireless communication device and method of claims 1 and 16, respectively. However, Klemmer fails to discloses the wireless communication device and method above wherein the processing system is further configured to cause the wireless communication device to: rout the one or more reflections of the one or more sensing signals from the second RF communication component to a third RF communication component of the first set of one or more RF communication components based at least in part on an absence of a processing component for processing signals at the second RF communication component, based at least in part on the wireless communication device operating in a power saving mode, or both; perform a signal processing operation on the one or more reflections of the one or more sensing signals using one or more processing components of the third RF communication components; and determine one or more parameters associated with one or more objects detected via the RF sensing procedure based at least in part on the signal processing operation.
Regarding claims 9 and 24, Klemmer discloses the wireless communication device and method of claims 1 and 16, respectively. However, Klemmer fails to discloses the wireless communication device and method above wherein the processing system is further configured to cause the wireless communication device to: determine that the one or more RF communication components of the first set of one or more RF communication components are unavailable for the RF sensing procedure based at least in part on a location of one or more objects detected via the RF sensing procedure, an orientation of the one or more RF communication components within the wireless communication device, or both.
Regarding claims 10 and 25, Klemmer discloses the wireless communication device and method of claims 1 and 16, respectively. However, Klemmer fails to discloses the wireless communication device and method above wherein the processing system is further configured to cause the wireless communication device to: determine that the one or more RF communication components of the first set of one or more RF communication components are unavailable for the RF sensing procedure based at least in part on a signal strength metric, a signal quality metric, or both, associated with signals received by the one or more RF communication components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Centinoneri et al. (US 11,194,032 B2) disclose a radio frequency (RF) system of an electronic device includes a first circuit that includes one or more transmission paths for transmitting a reference signal external to the electronic device; a second circuit that includes one or more receiving paths for receiving a reflection signal based on the reference signal; a processor that may instruct the RF system to perform a comparison between the reference signal and the reflection signal, determine whether the object is in proximity based at least in part on whether comparison results exceed a comparison threshold, and decrease power output by the RF system below the comparison threshold.
Ryu et al. (US 12,210,090 A1) teach a position-measuring device includes: a first UWB antenna; a second UWB antenna; a third UWB antenna; a signal processing module which outputs a signal received from the first UWB antenna and a UWB signal received from at least one among the second UWB antenna and the third UWB antenna; and a position-measuring module which measures the position of the measurement target on the basis of the UWB signals output from the signal processing module.
Nishikido et al. (US 2021/0349181 A1) disclose an electronic device comprises: a plurality of transmission antennas configured to transmit transmission waves; a plurality of reception antennas configured to receive reflected waves resulting from reflection of the transmission waves; and a controller configured to detect an object reflecting the transmission waves, based on a transmission signal transmitted as the transmission waves and a reception signal received as the reflected waves. The controller is configured to determine a band part used to transmit the transmission waves in a predetermined frequency band, depending on an incidence angle when the reception antennas receive the reflected waves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F.
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/QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645