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
Amendments and remarks filed April 3, 2026 have been fully considered but are not persuasive.
Rejections under 35 U.S.C. § 112 have not been fully overcome. See rejection below.
In response to Applicant’s arguments that Bayesteh does not teach “first sensing mode information comprises first operation mode information that indicates an operation mode of the second sensing network element, and the first operation mode information comprises one of: sending a sensing signal and receiving an echo signal; sending the sensing signal and not receiving the echo signal; or receiving the echo signal and not sending the sensing signal” as recited by amended claim 1, Examiner respectfully disagrees. See responses below and rejections under 35 U.S.C. § 102 for detailed mapping.
Argument 1 (Remarks pg. 10): Applicant submits that Bayesteh does not teach echo signals.
Response 1: Examiner respectfully disagrees. See, e.g., Bayesteh’s description of passive sensing in para. 187 – “sensing agent performing passive sensing on a reflection of a downlink transmission from the first TPR.” Applicant further admits (Remarks pg. 10) that Bayesteh discloses that a sensing agent may be instructed to perform passive sensing and may detect reflected signals. Echo signals correspond to reflected signals.
Argument 2 (Remarks pg. 10): Applicant submits that Bayesteh does not include information that indicates an operation mode of the second sensing network.
Response 2: Examiner respectfully disagrees. The broadest reasonable interpretation in of information that indicates an operation mode of the second sensing network in light of the specification includes any information that results in the second sensing network performing the operation mode. See, e.g., instant application specification [0070] – “determining that a first sensing service uses cooperative sensing may include: receiving a first request message from a first sensing network element.”
Argument 3 (Remarks pg. 10): Applicant submits that Bayesteh does not disclose any message content specifying whether the element is to transmit a sensing signal, receive an echo signal, or selectively perform both functions.
Response 3: Examiner respectfully disagrees. 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., message content specifying whether the element is to transmit a sensing signal, receive an echo signal, or selectively perform both functions) 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). Claim 1 recites “the first operation mode information comprises one of: sending a sensing signal and receiving an echo signal; sending the sensing signal and not receiving the echo signal; or receiving the echo signal and not sending the sensing signal.” The claim merely requires that the first operation mode information comprises one of three options, i.e., sending a sensing signal and receiving an echo signal; sending the sensing signal and not receiving the echo signal; or receiving the echo signal and not sending the sensing signal. The three options are listed in the alternative and only one is required by the claim. See also rejection under 35 U.S.C. § 112.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-7, 9-11, 13-14, 16-21 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase “the first operation mode information comprises one of: sending… receiving…” renders the claim indefinite. It is unclear whether the sending and/or receiving steps are meant to describe the first operation mode information or the first operation mode. The claim language appears to recite the former, i.e., the first request itself comprises sending and/or receiving. However, Examiner’s best interpretation based on Remarks pg. 10 is that the latter interpretation is meant, i.e., that the first operation mode comprises sending and/or receiving sensing signals and therefore the request comprises information about sending and/or receiving sensing signals. See, e.g., Remarks pg. 10 – “message content specifying whether the element is to transmit… receive” and “the claimed approach in which operation mode information specifying the sensing role is included within a message request.” This interpretation is further supported by instant application Figs. 5 and 6 in which sensing information transmission and determination of received sensing information occurs prior to and separately from performing the sensing itself. Appropriate correction is required. Claims 7, 13, 19 recite similar limitations and are indefinite for similar reasons. Dependent claims rejected by nature of dependency upon rejected claims.
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.
(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) 1-2, 4-7, 9-11, 13-14, 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210076417 A1 to Bayesteh.
Regarding claim 1, Bayesteh teaches:
A communication method, comprising:
determining that a first sensing service ([0148] – “TRP performs active sensing”) uses cooperative sensing; ([0148] – “the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.” Examiner notes instant application specification [0070] – “determining that a first sensing service uses cooperative sensing may include: receiving a first request message from a first sensing network element”) and
sending a first request message ([0148] – “passive_sensing_request”) to a second sensing network element, ([0148] – “the sensing agent can detect and process the reflected signal”) wherein the first request message is used to request the second sensing network element to perform sensing, and the first request message comprises first sensing mode information that indicates the cooperative sensing, ([0148] – “The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.”) wherein the first sensing mode information comprises first operation mode information that indicates an operation mode of the second sensing network element, ([0148] – “passive_sensing_request” operation mode of the second sensing network element may correspond to, e.g., passive sensing mode of a sensing agent) and the first operation mode information comprises one of: sending a sensing signal and receiving an echo signal; sending the sensing signal and not receiving the echo signal; or receiving the echo signal and not sending the sensing signal. (Fig. 6; [0187] – “sensing agent performing passive sensing on a reflection of a downlink transmission from the first TPR. This step may be performed i[f] the sensing agent is configured to receive a reflected version of the SeRS… Step 650 is an optional step that involves the sensing agent receiving configuration information for configuring when the sensing agent can perform passive sensing of a reflection from transmission by the first TRP or one or more other TRP. Step 660 is an optional step that involves the sensing agent performing passive sensing of a reflection from the first TRP or the one or more other TRP.” Passive sensing corresponds to receiving the echo signal and not sending the sensing signal. See also rejection under 35 U.S.C. § 112. )
Regarding claim 2, Bayesteh discloses the invention of claim 1 and further discloses:
wherein the method further comprises: sending a second request message to a third sensing network element, ([0148-149] – “’passive_sensing_request’… multiple sensing agents associated with a single TRP” third sensing network element may correspond to, e.g., a second sensing agent associated with the same TRP from claim 1) wherein the second request message is used to request the third sensing network element to perform sensing, and the second request message comprises second sensing mode information that indicates the cooperative sensing. ([0148] – “the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.”)
Regarding claim 4, Bayesteh discloses the invention of claim 1 and further discloses:
wherein the second sensing mode information comprises second operation mode information that indicates an operation mode of the third sensing network element ([0148] – “passive_sensing_request” operation mode of the third sensing network element may correspond to, e.g., passive sensing mode of a sensing agent) and the operation mode of the second sensing network element and the operation mode of the third sensing network element are used to implement the cooperative sensing. ([0148-149] – “When there are multiple sensing agents associated with a single TRP, enhanced sensing in the downlink time slot can occur by having multiple copies of the sensing signal received by SAs after reflection. This provides sensing diversity by having multiple observations of the same environment… All the received information can be transmitted to the corresponding TRP”)
Regarding claim 5, Bayesteh discloses the invention of claim 1 and further discloses:
wherein the method further comprises: determining the first operation mode information and the second operation mode information based on a mode of the cooperative sensing. ([0148-149] – “Scheduled sensing is related to the case that the corresponding TRP performs active sensing simultaneously as data transmission in downlink. In this case, a sensing beam is swept by the corresponding TRP to cover an area of interest and the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request”through X2/Xn signalling… When there are multiple sensing agents associated with a single TRP, enhanced sensing in the downlink time slot can occur by having multiple copies of the sensing signal received by SAs after reflection. This provides sensing diversity by having multiple observations of the same environment… All the received information can be transmitted to the corresponding TRP” Mode of the cooperative sensing may correspond to, e.g., scheduled sensing mode of TRP which results in passive_sensing_request, passive sensing by both sensing agents)
Regarding claim 6, Bayesteh discloses the invention of claim 5 and further discloses:
wherein determining the first operation mode information and the second operation mode information is further based on: at least one of first capability information and first sensing resource information, wherein the first capability information comprises sensing capability information of the second sensing network element and sensing capability information of the third sensing network element, ([0155] – “Selection of a UE as a passive sensing agent may also be dependent on the UE capability and power availability.”) the first sensing resource information comprises sensing resource information of the second sensing network element and sensing resource information of the third sensing network element, and the sensing resource information indicates a resource for sending a sensing signal. ([0153-154] – “Once a UE is selected and assigned by the network for active sensing, some extra information can be signaled to the UE to indicate more details of the sensing. This may include some parameters of the sensing signal including a beam sweeping pattern, resource allocation and SeRS sequence length and some indications (explicit and/or implicit) for sensing quality and some level of knowledge of the environment (including the target classification results based on previous measurements, etc.).”)
Regarding claim 7, Bayesteh teaches:
A communication method, comprising:
determining that a first sensing service ([0148] – “TRP performs active sensing”) ([0148] – “the sensing agent can detect and process the reflected signal”) uses cooperative sensing; ([0148] – “the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.” Examiner notes instant application specification [0070] – “determining that a first sensing service uses cooperative sensing may include: receiving a first request message from a first sensing network element”) and
sending a request message ([0148] – “passive_sensing_request”) to a first sensing network element, ([0148] – “the sensing agent can detect and process the reflected signal”) wherein the request message is used to request the first sensing network element to perform sensing, the request message comprises first sensing mode information that indicates the cooperative sensing; and ([0148] – “The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.”)
performing sensing based on a mode of the cooperative sensing, ([0148] – “the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.”) wherein the first sensing mode information comprises first operation mode information that indicates an operation mode of the second sensing network element, ([0148] – “passive_sensing_request” operation mode of the second sensing network element may correspond to, e.g., passive sensing mode of a sensing agent) and the first operation mode information comprises one of: sending a sensing signal and receiving an echo signal; sending the sensing signal and not receiving the echo signal; or receiving the echo signal and not sending the sensing signal. (Fig. 6; [0187] – “sensing agent performing passive sensing on a reflection of a downlink transmission from the first TPR. This step may be performed i[f] the sensing agent is configured to receive a reflected version of the SeRS… Step 650 is an optional step that involves the sensing agent receiving configuration information for configuring when the sensing agent can perform passive sensing of a reflection from transmission by the first TRP or one or more other TRP. Step 660 is an optional step that involves the sensing agent performing passive sensing of a reflection from the first TRP or the one or more other TRP.” Passive sensing corresponds to receiving the echo signal and not sending the sensing signal. See also rejection under 35 U.S.C. § 112. )
Regarding claim 9, Bayesteh discloses the invention of claim 7 and further discloses:
further comprising:
determining the first operation mode information based on the cooperative sensing mode. ([0148] – “passive_sensing_request” operation mode of the network element may correspond to, e.g., passive sensing mode of a sensing agent. Mode of the cooperative sensing may correspond to, e.g., scheduled sensing mode of TRP which results in passive_sensing_request, passive sensing by both sensing agents)
Regarding claim 10, Bayesteh discloses the invention of claim 9 and further discloses:
further comprising:
determining second operation mode information based on the cooperative sensing mode, wherein the second operation mode information indicates an operation mode of a second sensing network element, ([0148-149] – “When there are multiple sensing agents associated with a single TRP, enhanced sensing in the downlink time slot can occur by having multiple copies of the sensing signal received by SAs after reflection. This provides sensing diversity by having multiple observations of the same environment… All the received information can be transmitted to the corresponding TRP” Second sensing network element may correspond to, e.g., second sensing agent associated with the TRP) and the operation mode of the second sensing network element and the operation mode of the first sensing network element are used to implement the cooperative sensing. ([0148] – “passive_sensing_request” Operation mode of the first network element may correspond to, e.g., passive sensing mode of a sensing agent. Cooperative sensing may correspond to, e.g., scheduled sensing mode of TRP which is implemented by passive_sensing_request, active sensing by TRP, and passive sensing by both sensing agents.)
Regarding claim 11, Bayesteh discloses the invention of claim 10 and further discloses:
wherein the determining the first operation mode information and the second operation mode information is further based on at least one of first capability information and first sensing resource information, wherein the first capability information comprises sensing capability information of the second sensing network element and sensing capability information of the first sensing network element, ([0155] – “Selection of a UE as a passive sensing agent may also be dependent on the UE capability and power availability.”) the first sensing resource information comprises sensing resource information of the second sensing network element and sensing resource information of the first sensing network element, and the sensing resource information indicates a resource for sending a sensing signal. ([0153-154] – “Once a UE is selected and assigned by the network for active sensing, some extra information can be signaled to the UE to indicate more details of the sensing. This may include some parameters of the sensing signal including a beam sweeping pattern, resource allocation and SeRS sequence length and some indications (explicit and/or implicit) for sensing quality and some level of knowledge of the environment (including the target classification results based on previous measurements, etc.).”)
Regarding claim 13,
Bayesteh teaches:
A communication apparatus, comprising:
a transceiver; ([0148] – “TRP performs active sensing”)
at least one processor; and
one or more memories coupled to the at least one processor and storing programming instructions for execution by the at least one processor to cause the communication apparatus to:
determine that a first sensing service uses cooperative sensing; ([0148] – “the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.” Examiner notes instant application specification [0070] – “determining that a first sensing service uses cooperative sensing may include: receiving a first request message from a first sensing network element”) and
send a first request message to a second sensing network element, wherein the first request message is used to request the second sensing network element to perform sensing, the first request message comprises first sensing mode information that indicates the cooperative sensing, ([0148] – “the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.”) wherein the first sensing mode information comprises first operation mode information that indicates an operation mode of the second sensing network element, ([0148] – “passive_sensing_request” operation mode of the second sensing network element may correspond to, e.g., passive sensing mode of a sensing agent) and the first operation mode information comprises one of: sending a sensing signal and receiving an echo signal; sending the sensing signal and not receiving the echo signal; or receiving the echo signal and not sending the sensing signal. (Fig. 6; [0187] – “sensing agent performing passive sensing on a reflection of a downlink transmission from the first TPR. This step may be performed i[f] the sensing agent is configured to receive a reflected version of the SeRS… Step 650 is an optional step that involves the sensing agent receiving configuration information for configuring when the sensing agent can perform passive sensing of a reflection from transmission by the first TRP or one or more other TRP. Step 660 is an optional step that involves the sensing agent performing passive sensing of a reflection from the first TRP or the one or more other TRP.” Passive sensing corresponds to receiving the echo signal and not sending the sensing signal. See also rejection under 35 U.S.C. § 112. )
Regarding claim 14, Bayesteh discloses the invention of claim 13 and further discloses:
wherein the programming instructions, when executed by the at least one processor, further cause the communication apparatus to:
send a second request message to a third sensing network element, ([0148-149] – “’passive_sensing_request’… multiple sensing agents associated with a single TRP” third sensing network element may correspond to, e.g., a second sensing agent associated with the same TRP from claim 13) wherein the second request message is used to request the third sensing network element to perform sensing, the second request message comprises second sensing mode information that indicates the cooperative sensing. ([0148] – “the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.”)
Regarding claim 16, Bayesteh discloses the invention of claim 14 and further discloses:
wherein the second sensing mode information comprises second operation mode information that indicates an operation mode of the third sensing network element, ([0148] – “passive_sensing_request” operation mode of the third sensing network element may correspond to, e.g., passive sensing mode of a sensing agent) and the operation mode of the second sensing network element and the operation mode of the third sensing network element are used to implement the cooperative sensing. ([0148-149] – “Scheduled sensing is related to the case that the corresponding TRP performs active sensing simultaneously as data transmission in downlink. In this case, a sensing beam is swept by the corresponding TRP to cover an area of interest and the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request”through X2/Xn signalling… When there are multiple sensing agents associated with a single TRP, enhanced sensing in the downlink time slot can occur by having multiple copies of the sensing signal received by SAs after reflection. This provides sensing diversity by having multiple observations of the same environment… All the received information can be transmitted to the corresponding TRP” Operation mode of second and third sensing network elements may correspond to passive sensing by both sensing agents)
Regarding claim 17, Bayesteh discloses the invention of claim 16 and further discloses:
wherein the programming instructions, when executed by the at least one processor, further cause the communication apparatus to: determine the first operation mode information and the second operation mode information based on a mode of the cooperative sensing. ([0148] – “Scheduled sensing is related to the case that the corresponding TRP performs active sensing simultaneously as data transmission in downlink. In this case, a sensing beam is swept by the corresponding TRP to cover an area of interest and the sensing agent can detect and process the reflected signal and forward the sensing information to the corresponding TRP for further processing… formation can be related to the range and velocity of targets over the direction in which the sensing signal is transmitted on. The sensing agent can be instructed by the corresponding TRP to perform the passive sensing by, for example, sensing a “passive_sensing_request” through X2/Xn signalling.” Mode of the cooperative sensing may correspond to, e.g., scheduled sensing mode of TRP which results in passive_sensing_request, passive sensing by both sensing agents)
Regarding claim 18, Bayesteh discloses the invention of claim 17 and further discloses:
wherein the programming instructions, when executed by the at least one processor, further cause the communication apparatus to: determine the first operation mode information and the second operation mode information based further on at least one of first capability information and first sensing resource information, wherein the first capability information comprises sensing capability information of the second sensing network element and sensing capability information of the third sensing network element, ([0155] – “Selection of a UE as a passive sensing agent may also be dependent on the UE capability and power availability.”) the first sensing resource information comprises sensing resource information of the second sensing network element and sensing resource information of the third sensing network element, and the sensing resource information indicates a resource for sending a sensing signal. ([0153-154] – “Once a UE is selected and assigned by the network for active sensing, some extra information can be signaled to the UE to indicate more details of the sensing. This may include some parameters of the sensing signal including a beam sweeping pattern, resource allocation and SeRS sequence length and some indications (explicit and/or implicit) for sensing quality and some level of knowledge of the environment (including the target classification results based on previous measurements, etc.).”)
Regarding claim(s) 19-22,
Claim(s) 19-22 is/are non-transitory computer-readable storage medium claims corresponding to method claim(s) 1-2, 4-5, respectively. Accordingly, the Examiner’s remarks and application of the prior art with respect to claim(s) 19-22 are substantially the same as those made above with respect to claim(s) 1-2, 4-5.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIANA CROSS whose telephone number is (571)272-8721. The examiner can normally be reached Mon-Fri 9am-5pm Pacific time.
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/JULIANA CROSS/Examiner, Art Unit 3648
/BRADY W FRAZIER/Primary Examiner, Art Unit 3648
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