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 Arguments
Applicant's arguments filed 05/04/2026 have been fully considered but they are not persuasive.
Regarding amended claim 1, Applicant argues that Klemmer (US 2020/0119789 A1) fails to disclose “a first set of one or more RF communication components that are each configured for transmitting and receiving RF signals, and a second set of one or more RF communication components that are each configured for receiving RF signals and not capable of transmitting RF signals”. Examiner, however, does not agree with the Applicant. Klemmer (figure 9) discloses a first set (module 2) of one or more RF communication components that are each configured for transmitting (TX2) and receiving RF signals (RX2), and a second set (module 3) of one or more RF communication components that are each configured for receiving RF signals (RX3) and not capable of transmitting RF signals (paragraph [0088], and also see paragraph [0082]: “a particular location is either permanently configured as a TX-only or RX-only module”). Therefore, the rejection of claim 1 is maintained.
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 and 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Klemmer (US 2020/0119789 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 (module 2) from a first set of one or more RF communication components that are each associated with transmitting (TX2) and receiving (RX2) 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 (module 3) from a second set of one or more RF communication components that are each associated with receiving RF signals (RX3) 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]: “a particular location is either permanently configured as a TX-only or RX-only module”).
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 (module 3, RX3) 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]).
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) 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Klemmer in view of Cho (US 2023/0082596 A1).
Regarding claim 11, Klemmer discloses the wireless communication device of claim 1 above. 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 claim 12, Klemmer discloses the wireless communication device of claim 1 above. 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 3-5 and 9 have been amended to incorporate all of the limitations of the base claim and any intervening claims. Therefore, independent claims 3-5 and 9, and dependent claims 6-8 are allowed over the cited prior art with the same reasons set forth in the previous Office action mailed 02/04/2026.
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 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY ADDY can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645
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