DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the communication filed on 4/28/2026. Claims 1-3, 6-12, 14-17, 20-25 are pending in this application.
Examiner Note
The examiner is here to serve, to assist, and to help applicant to the very best of his ability. The Primary Patent Examiner position is a position of serving and it is an honor to externally serve the applicant and attorney and to internally serve junior examiners and supervisors. The goal of the examiner is to work with and assist applicant to move cases along as efficiently as possible.
Applicant is encouraged to call examiner to schedule an interview if applicant has any questions about this action, wants to discuss any possible paths forward, has proposed amendments to the claims to run by the examiner, or for any other issues that applicant would like to discuss.
Examiner can normally be reached at (571) 270-3863 or michael.keller@uspto.gov, Monday-Friday, from about 6 AM - 10 PM EST and if your call is missed examiner will try to return call quickly, thank you.
Priority
This application claims priority of 63/456,376, filed 3/31/2023. The assignee of record is APPLE INC. The listed inventor(s) is/are: Kuo, Ping-Heng; Cheng, Peng; Rossbach, Ralf; Sirotkin, Alexander; Wu, Zhibin; Xu, Fangli; Chen, Yuqin; Palle Venkata, Naveen Kumar R.
Response to Arguments
Applicant’s arguments filed 2/29/2024 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Response to Amendment
Claim Rejections - 35 USC § 103
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 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.
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.
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) 1-3, 10-12, 17 & 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taghizadeh (WO 2022195557 A1, published 9/22/2022; hereinafter WO557) in view of Zorgui (CN 119213704 A, filed 6/6/2022, PE2E Machine Translation provided with the final rejection mailed June 2026; hereinafter CN704).
For Claim(s) 1, the claim(s) is/are substantially similar to claim 10 and therefore is/are rejected for the same reasoning set forth below.
For Claim(s) 2, the claim(s) is/are substantially similar to claim 11 and therefore is/are rejected for the same reasoning set forth below.
For Claim(s) 3, the claim(s) is/are substantially similar to claim 12 and therefore is/are rejected for the same reasoning set forth below.
For Claim 10, WO557 teaches an apparatus comprising: processing circuitry to process a sensing signal configuration (WO557 ¶ 0038 enabling configuration for different levels of sensing requirements to enable sensing scheduling in different nodes with different capabilities. WO557 ¶ 0072 discloses the kind of resources which must be sen. WO557 ¶ 0072 In one embodiment, if the UE is configured with a CSI-ReportConfig with the higher layer parameter reportQuantity set to 'cri-RSRP' or ' ssb-Index-RSRP' ,
• if the UE is configured with the higher layer parameter groupBasedBeamReporting set to 'disabled', the UE is not required to update measurements for more than 64 channel- state information reference symbol (“CSI-RS”) and/or SSB resources, and the UE shall report in a single report nroflleportedRS (higher layer configured) different CSI-RS resource indicator (“CRI”) or SS block resource indicator (“SSBRI”) for each report setting.
• if the UE is configured with the higher layer parameter groupBasedBeamReporting set to 'enabled', the UE is not required to update measurements for more than 64 CSI-RS and/or SSB resources, and the UE shall report in a single reporting instance two different CRI or SSBRI for each report setting, where CSI-RS and/or SSB resources can be received simultaneously by the UE either with a single spatial domain receive filter, or with multiple simultaneous spatial domain receive filters);
process a sensing signal based on the sensing signal configuration (WO557 ¶ 0079 • Enabling sensing at the nodes and BWPs outside of the configured resources for the reception of data and control information
• Dedicated measurements to identify proper links for monitoring/sensing
• Measurements and reporting to facilitate the optimization of the transmit beam and waveform for the purpose of joint communication and radar sensing);
compute a result based on the sensing signal (WO557 ¶ 0093-0094 computational strategy identified with sensing processing idx); and
generate a signal to report the result on a radio bearer of the first reporting configuration based on the identifier included in the sensing signal configuration (WO557 ¶ 0103 reporting of sensing data); and
interface circuitry coupled with the processing circuitry, the interface circuitry to receive the reporting configurations and the sensing signal configuration (WO557 ¶ 0147 storing).
WO557 does not explicitly teach processing a plurality of reporting configurations that configure respective radio bearers; processing a sensing signal configuration that includes an identifier to indicate that a first reporting configuration, of the plurality of reporting configurations, is associated with the sensing signal configuration.
However, CN704 teaches processing a plurality of reporting configurations that configure respective radio bearers (CN704 Pg 24-26 The sensing beam measurement configuration may include a reporting format for each selected sensing beam, such as: At least one of a sensing signal resource identifier (ID), a sensing RSRP, or a sensing SINR, an absolute delay with respect to a transmission time of a sensing beam, a relative delay with respect to an LOS path, an error in a result (e.g., an uncertainty level), or any combination thereof.); processing a sensing signal configuration that includes an identifier to indicate that a first reporting configuration, of the plurality of reporting configurations, is associated with the sensing signal configuration (CN704 Pg 24-26).
CN704 and WO557 are analogous art because they are both related to networking.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the sensing techniques of CN704 with the system of WO557 to perform sensing beam measurements and reports based on sensing beam measurements configuration (CN704 Pg 26).
For Claim 11, WO557-CN704 teaches the apparatus of claim 10, wherein the sensing signal configuration is to indicate: whether the sensing signal is a periodic sensing signal; a beam width or direction of the sensing signal; a power level of the sensing signal; a first radio resource set for a transmission of the sensing signal; or a second radio resource set for performing a measurement of the sensing signal (WO557 ¶ 0136).
For Claim 12, WO557-CN704 teaches the apparatus of claim 10, wherein the processing circuitry is further to: detect a condition (WO557 ¶ 0102-0103); and determine to use the reporting configuration based on the identifier and the detection of the condition (CN704 Pg 24-26, WO557 ¶ 0102-0103).
For Claim(s) 17, the claim(s) is/are substantially similar to claim 10 and WO557-CN704 teach UE side and therefore is/are rejected for the same reasoning set forth below.
For Claim 21, WO557-CN704 teaches the method of claim 1, wherein the identifier is a first identifier, the signal is a first signal, the sensing signal configuration further includes a second identifier to indicate that the sensing signal configuration is further associated with a second reporting configuration of the plurality of reporting configurations, and the method further comprises generating a second signal to report the result in accordance with the second reporting configuration (CN Pg 24-25).
For Claim(s) 22, the claim(s) is/are substantially similar to claim 21 and therefore is/are rejected for the same reasoning set forth below.
For Claim 23, WO557-CN704 teaches the method of claim 17, further comprising generating, for transmission to the UE, configuration information to configure at least one condition under which the first reporting condition is to be used.
For Claim 24, WO557-CN704 teaches the method of claim 17, wherein the identifier is a first identifier, the report is a first report, the sensing signal configuration further includes a second identifier to indicate that the sensing signal configuration is further associated with a second reporting configuration of the plurality of reporting configurations, and the method further comprises receiving, from the UE in accordance with the second reporting configuration, a second report that includes the sensing result (CN Pg 24-25).
For Claim 25, WO557-CN704 teaches the method of claim 17, further comprising processing a list of UE capabilities received from the UE, wherein the list of UE capabilities includes a capability to perform at least one of: sensing signal transmission, sensing signal measurement, sensing result derivation, and sensing result reporting (CN Pg 24-25).
Claim(s) 6, 9, 14, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO557-CN704 in view of Roy (WO 2021178941 A1, published 3/6/2021; hereinafter WO941).
For Claim(s) 6, the claim(s) is/are substantially similar to claim 14 and therefore is/are rejected for the same reasoning set forth below.
For Claim(s) 9, the claim(s) is/are substantially similar to claim 16 and therefore is/are rejected for the same reasoning set forth below.
For Claim 14, WO557-CN704 teaches the apparatus of claim 10, WO557-CN704 does not explicitly teach wherein the processing circuitry is further configured to: generate the sensing signal based on the sensing signal configuration; and process a reflection of the sensing signal, wherein said compute the result is based on said process of the reflection of the sensing signal.
However, WO941 teaches wherein the processing circuitry is further configured to: generate the sensing signal based on the sensing signal configuration (WO941 ¶ 0359); and process a reflection of the sensing signal, wherein said compute the result is based on said process of the reflection of the sensing signal (WO941 ¶ 0171).
WO941 and WO557-CN704 are analogous art because they are both related to networking.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the sensing techniques of WO941 with the system of WO557-CN704 to improve measurement range (WO941 ¶ 0359).
For Claim 16, WO557-CN704 teaches the apparatus of claim 10, WO557-CN704 does not explicitly teach wherein the processing circuitry is further configured to: process a sensing gap configuration to indicate a time interval; generate or measure the sensing signal based on the time interval; process a command; detect a condition; and perform an activation, a deactivation, a modification, a termination, or a release of the sensing gap configuration based on the command or the condition.
However WO941 teaches wherein the processing circuitry is further configured to: process a sensing gap configuration to indicate a time interval (WO941 ¶ 0395-0397); generate or measure the sensing signal based on the time interval (WO941 ¶ 0395-0397); and perform an activation, a deactivation, a modification, a termination, or a release of the sensing gap configuration based on the command or the condition (WO941 ¶ 0395-0397).
WO941 and WO557-CN704 are analogous art because they are both related to networking.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the sensing techniques of WO941 with the system of WO557-CN704 to improve measurement range (WO941 ¶ 0359).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO557-CN704-WO941 in view of Niu (WO 2022232962 A1, published 10/11/2022; hereinafter WO962).
For Claim 7, WO557-CN704-WO941 teaches the method of claim 6, WO557-CN704-WO941 does not explicitly teach further comprising: processing a sensing triggering event, wherein said generating of the sensing signal is based on said processing of the sensing triggering event, and the sensing triggering event is included in a downlink control information (DCI) or a medium access control (MAC) control element (CE).
However, WO962 teaches further comprising: processing a sensing triggering event, wherein said generating of the sensing signal is based on said processing of the sensing triggering event, and the sensing triggering event is included in a downlink control information (DCI) or a medium access control (MAC) control element (CE) (WO962 ¶ 0037, 0039).
WO962 and WO557-CN704-WO941 are analogous art because they are both related to networking.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the sensing techniques of WO962 with the system of WO557-CN704-WO941 because configurations may be tailored to different usage cases (WO962 ¶ 0039).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO557-CN704-WO941 in view of Niu (WO 2022232962 A1, published 10/11/2022; hereinafter WO962).
For Claim 8, WO557-CN704-WO941 teaches the method of claim 1, WO557-CN704-WO941 does not explicitly teach further comprising: processing a reporting triggering event, wherein said reporting of the result is based on said processing of the reporting triggering event, wherein the reporting triggering event is based on the result, a downlink control information (DCI), or a medium access control (MAC) control element (CE).
However, WO962 teaches further comprising: processing a reporting triggering event, wherein said reporting of the result is based on said processing of the reporting triggering event, wherein the reporting triggering event is based on the result, a downlink control information (DCI), or a medium access control (MAC) control element (CE) (WO962 ¶ 0037, 0039).
WO962 and WO557-CN704-WO9414 are analogous art because they are both related to networking.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the sensing techniques of WO962 with the system of WO557-CN704-WO941 because configurations may be tailored to different usage cases (WO962 ¶ 0039).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO557-CN704 in view of Niu (WO 2022232962 A1, published 10/11/2022; hereinafter WO962).
For Claim 20, WO557-CN704 teaches the one or more non-transitory computer-readable media of claim 17, WO557-CN704 does not explicitly teach wherein the instructions, when executed, further cause the processing circuitry to: generate a sensing gap configuration to be transmitted to the UE, sensing gap configuration including a time interval during which a transmission or a reception of a sensing signal is permitted; and generate a command to be transmitted to the UE to activate, deactivate, modify, or release the sensing gap configuration, the command is included in a downlink control information (DCI) or a medium access control (MAC) control element (CE).
However, WO962 teaches wherein the instructions, when executed, further cause the processing circuitry to: generate a sensing gap configuration to be transmitted to the UE, sensing gap configuration including a time interval during which a transmission or a reception of a sensing signal is permitted; and generate a command to be transmitted to the UE to activate, deactivate, modify, or release the sensing gap configuration, the command is included in a downlink control information (DCI) or a medium access control (MAC) control element (CE) (WO962 ¶ 0037, 0039).
WO962 and WO557-CN704 are analogous art because they are both related to networking.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the sensing techniques of WO962 with the system of WO557-CN704 because configurations may be tailored to different usage cases (WO962 ¶ 0039).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO557-CN704-WO941 as applied to claim 14 above and further in view of WO962.
For Claim 15, WO557-CN704-WO941 teaches the apparatus of claim 14, WO557-WO941 does not explicitly teach wherein the processing circuitry is further configured to: generate a sensing triggering event, wherein said generate of the sensing signal is based on said process of the sensing triggering event, and the sensing triggering event is included in a downlink control information (DCI) or a medium access control (MAC) control element (CE).
However, WO962 teaches wherein the processing circuitry is further configured to: generate a sensing triggering event, wherein said generate of the sensing signal is based on said process of the sensing triggering event, and the sensing triggering event is included in a downlink control information (DCI) or a medium access control (MAC) control element (CE) (WO962 ¶ 0037, 0039).
WO962 and WO557-CN704-WO941 are analogous art because they are both related to networking.
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to use the sensing techniques of WO962 with the system of WO557-CN704-WO941 because configurations may be tailored to different usage cases (WO962 ¶ 0039).
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 extension fee 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 date of this final action.
Any inquiry concerning communications from the examiner should be directed to Michael Keller at (571)270-3863 or michael.keller@uspto.gov. If attempts to reach the examiner are unsuccessful, the examiner’s supervisor, Brian Gillis can be reached at 571-272-7952.
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/MICHAEL A KELLER/
Primary Patent Examiner, Art Unit 2446
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