CTFR 18/580,125 CTFR 89297 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 2-17-2026 have been fully considered. With respect to applicant’s argument that the prior art does not show selecting respective delays with each delay being different, the examiner respectfully disagrees. In Gulati, both Fig. 8 and Fig. 10 show a respective delay for the waveforms. 804a and 1004a begin right at the start of the time period while 804b and 1004b have a delay within the time frame before they begin. As discussed in ¶68 and 77, these are some of the parameters that are varied. Gulati, ¶78 speaks to random variation in the parameters, ensuring that each delay would be different. Examiner’s Note : 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. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1, 3-4, 8, 12, 14-25 and 27-30 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Gulati, et. al., U.S. Patent Application Publication Number 2020/0028656, published January 23, 2020 . As per claim 1, Gulati discloses a method for wireless communication at a device, comprising: determining a respective delay for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames based at least in part on the waveform configuration, the respective delay being different for each respective waveform of the plurality of waveforms; and applying the respective delay for each respective waveform of the plurality of waveforms (Gulati, Fig. 10 and ¶78 varying randomly); generating, based at least in part on applying the respective delay for each waveform of the plurality of waveforms a radar signal comprising a plurality of waveforms based at least in part on a waveform configuration of the device, each respective waveform of the plurality of waveforms associated with at least one parameter of a set of parameters, a value of the at least one parameter being different for each respective waveform of the plurality of waveforms; and transmitting the generated radar signal during at least one frame of a plurality of frames (Gulati, Fig. 10 and ¶77). As per claim 3, as best understood by examiner, Gulati further discloses the method of claim 2, further comprising: selecting the respective delay for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames based at least in part on a respective pattern indicated in the waveform configuration, wherein determining the respective delay for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames is based at least in part on the selecting (Gulati, ¶78). As per claim 4, Gulati further discloses the method of claim 3, wherein selecting the respective delay for each respective waveform comprises: selecting, from a set of delay values, a respective value for the respective delay for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames (Gulati, ¶66 using set frames). As per claim 8, Gulati further discloses the method of claim 3, wherein selecting the respective delay for each respective waveform comprises: selecting, from a set of phase values, a respective value for the respective phase for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames (Gulati, ¶60). As per claim 12, Gulati further discloses the method of claim 1, wherein at least one respective delay associated with at least one waveform of the plurality of waveforms corresponds to a duration between a beginning of the at least one frame and a beginning of the at least one waveform (Gulati, Fig. 10). As per claim 14, Gulati further discloses the method of claim 1, further comprising: determining a respective phase for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames based at least in part on the waveform configuration, the respective phase being different for each respective waveform of the plurality of waveforms; and applying the respective phase for each respective waveform of the plurality of waveforms, wherein generating the radar signal is based at least in part on applying the respective phase for each waveform of the plurality of waveforms (Gulati, ¶60). As per claim 15, Gulati further discloses the method of claim 14, further comprising: selecting the respective phase for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames based at least in part on a respective pattern indicated in the waveform configuration, wherein determining the respective phase for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames is based at least in part on the selecting (Gulati, ¶60 and 78). As per claim 16, Gulati further discloses the method of claim 14, wherein each respective phase associated with each waveform of the plurality of waveforms corresponds to a respective phase offset of a plurality of phase offsets (Gulati, ¶60). As per claim 17, Gulati further discloses the method of claim 1, further comprising: determining a pattern associated with the at least one parameter of the set of parameters, the pattern indicating a set of values associated with the at least one parameter, the value of the at least one parameter being different for each respective waveform of the plurality of waveforms based at least in part on the set of values associated with the at least one parameter, wherein generating the radar signal is based at least in part on determining the pattern associated with the at least one parameter of the set of parameters (Gulati, ¶72). As per claim 18, Gulati further discloses the method of claim 17, further comprising: determining, based at least in part on the pattern, one or more of a respective delay for each respective waveform of the plurality of waveforms associated with the frame or a respective phase for each respective waveform of the plurality of waveforms associated with the frame; and applying one or more of the respective delay or the respective phase for each respective waveform of the plurality of waveforms associated with the frame, wherein generating the radar signal is based at least in part on applying one or more of the respective delay or the respective phase for each respective waveform of the plurality of waveforms associated with the frame (Gulati, ¶72 and 77). As per claim 19, Gulati further discloses the method of claim 17, further comprising: receiving control signaling indicating the waveform configuration, the waveform configuration identifying the pattern associated with the at least one parameter of the set of parameters, the pattern indicating the set of values associated with the at least one parameter, wherein determining the pattern associated with the at least one parameter of the set of parameters is based at least in part on the control signaling (Gulati, ¶60 where control of the waveform is provided). As per claim 20, Gulati further discloses the method of claim 17, further comprising: determining the pattern associated with the at least one parameter of the set of parameters based at least in part on a codebook, the codebook identifying the pattern associated with the at least one parameter of the set of parameters, the pattern indicating the set of values associated with the at least one parameter (Gulati, ¶84). As per claim 21, Gulati further discloses the method of claim 20, further comprising: receiving control signaling indicating the codebook; and selecting the codebook from a plurality of codebooks, wherein determining the pattern associated with the at least one parameter of the set of parameters is based at least in part on selecting the codebook from the plurality of codebooks (Gulati, ¶60 and 84). As per claim 22, Gulati further discloses the method of claim 17, further comprising: selecting a respective pattern from a plurality of patterns for each frame of the plurality of frames, each respective pattern being different for each frame of the plurality of frames, wherein generating the radar signal is based at least in part on selecting the respective pattern from the plurality of patterns for each frame of the plurality of frames (Gulati, ¶72). As per claim 23, Gulati further discloses the method of claim 1, further comprising: determining a geographical coverage area associated with the device; and selecting the waveform configuration to generate the radar signal comprising the plurality of waveforms, each respective waveform of the plurality of waveforms associated with at least one parameter of the set of parameters, the value of the at least one parameter being different for each respective waveform of the plurality of waveforms, based at least in part on the geographical coverage area (Gulati, ¶53). As per claim 24, Gulati further discloses the method of claim 1, further comprising: receiving control signaling indicating a mutual interference between the device and a second device; and selecting the waveform configuration to generate the radar signal comprising the plurality of waveforms, each respective waveform of the plurality of waveforms associated with at least one parameter of the set of parameters, the value of the at least one parameter being different for each respective waveform of the plurality of waveforms, based at least in part on the mutual interference (Gulati, ¶80). As per claim 25, Gulati further discloses a method for wireless communication at a device, comprising: receiving a radar signal during at least one frame of a plurality of frames, the radar signal comprising a plurality of waveforms based at least in part on a waveform configuration, each respective waveform of the plurality of waveforms associated with at least one parameter of a set of parameters, a value of the at least one parameter being different for each respective waveform of the plurality of waveforms; and transmitting a reflected radar signal during the at least one frame of the plurality of frames (Gulati, Fig. 11 using a transceiver and ¶77). As per the limitations of claim 27, please see the rejection and rationale of claim 8 above. As per claim 28, Gulati further discloses the method of claim 25, further comprising: transmitting a second radar signal during the at least one frame of a plurality of frames, the second radar signal comprising a second plurality of waveforms, each respective waveform of the second plurality of waveforms associated with the at least one parameter of the set of parameters, a second value of the at least one parameter being different for each respective waveform of the second plurality of waveforms, the second value different than the value of the at least one parameter (Gulati, ¶77). As per claim 29, Gulati further discloses an apparatus for wireless communication, comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to: a respective delay for each respective waveform of the plurality of waveforms associated with the at least one frame of the plurality of frames based at least in part on the waveform configuration, the respective delay being different for each respective waveform of the plurality of waveforms; and applying the respective delay for each respective waveform of the plurality of waveforms (Gulati, Fig. 10 and ¶78 varying randomly); generate a radar signal comprising a plurality of waveforms based at least in part on a waveform configuration of the device, each respective waveform of the plurality of waveforms associated with at least one parameter of a set of parameters, a value of the at least one parameter being different for each respective waveform of the plurality of waveforms; and transmit the generated radar signal during at least one frame of a plurality of frames (Gulati, Fig. 11 and ¶77). As per claim 30, Gulati further discloses an apparatus for wireless communication, comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to: receive a radar signal during at least one frame of a plurality of frames, the radar signal comprising a plurality of waveforms based at least in part on a waveform configuration, each respective waveform of the plurality of waveforms associated with at least one parameter of a set of parameters, a value of the at least one parameter being different for each respective waveform of the plurality of waveforms wherein the respective delay being different for each respective waveform of the plurality of waveforms; and transmit a reflected radar signal during the at least one frame of the plurality of frames (Gulati, Fig. 11 and ¶77-78) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 5-7 and 9-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gulati in view of Fan, et. al., “Ghost Image Due to mmWave Radar Interference: Experiment, Mitigation and Leverage”, IEEE, June 7, 2020 . As per claims 5 and 9, Gulati discloses the method of claim 4 but fails to expressly disclose a maximum and minimum value for the delay and phase. Fan teaches a maximum delay (section V, B, ¶2). It would have been obvious to one having ordinary skill in the art at the time the invention was made, to contrive any number of desirable ranges for the max and min limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. As per claims 6, 7, 10 and 11, Gulati as modified by Fan discloses controlling the value (Gulati ¶60) and determining the maximum (Fan, V, B, ¶2). As per claim 13, Gulati as modified by Fan discloses the method of claim 1, wherein at least one respective delay associated with a first waveform of the plurality of waveforms corresponds to a duration between a first ending of the first waveform of the plurality of waveforms and a beginning of a second waveform of the plurality of waveforms (Gulati, Fig. 10, Fan, section V, B). It would have been an obvious matter of design choice to determine where to impart the desired delay, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose. It appears that the invention would perform equally well as the invention disclosed by Gulati . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is provided on form PTO-892 . 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 MARCUS E WINDRICH whose telephone number is (571)272-6417. The examiner can normally be reached M-F ~7-3:30. 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, Jack Keith can be reached at 5712726878. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARCUS E WINDRICH/ Primary Examiner, Art Unit 3646 Application/Control Number: 18/580,125 Page 2 Art Unit: 3646 Application/Control Number: 18/580,125 Page 3 Art Unit: 3646 Application/Control Number: 18/580,125 Page 4 Art Unit: 3646 Application/Control Number: 18/580,125 Page 5 Art Unit: 3646 Application/Control Number: 18/580,125 Page 6 Art Unit: 3646 Application/Control Number: 18/580,125 Page 7 Art Unit: 3646 Application/Control Number: 18/580,125 Page 8 Art Unit: 3646 Application/Control Number: 18/580,125 Page 9 Art Unit: 3646 Application/Control Number: 18/580,125 Page 10 Art Unit: 3646 Application/Control Number: 18/580,125 Page 11 Art Unit: 3646 Application/Control Number: 18/580,125 Page 12 Art Unit: 3646
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