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 .
This Office Action is a response to communications dated 03/06/2024. Claims 1-30 are pending in the application.
Information Disclosure Statement
The information disclosure statement filed 06/03/2025 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. It has been considered and placed in the application file.
Claim Rejections - 35 USC § 102
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.
Claims 1-4, 8-12, 16-20, and 24-27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhu et al. (US 2023/0309144).
Regarding claim 1, in accordance with Zhu reference entirety, Zhu teaches a method performed by a user equipment to configure the user equipment (Abstract: “… A device on the network … .” Or FIG. 31; UE 4110)) for sensing functions (Abstract and thereinafter: “Systems and method of integrated sensing and communication are provided), the method comprising:
transmitting (FIG. 31; step 4502), to a configuring node (FIG. 31; BASE STATION 4170), capability information (FIG. 31; SENSING CAPABILITY REPORT) comprising a radio frequency (RF) bandwidth supported by the user equipment (FIG. 31; UE 4110) for sensing functions (FIG. 31; SENSING CAPABILITY REPORT) (para 0479: “… The UE 4110 transmits (step 4502), to the BS 4170, a sensing capability report indicating the sensing capability of the UE 4110 … the sensing capability report may indicate a supported frequency bands and bandwidth, supported sensing signals and supported duplexing mode … upon connecting to the BS 4170.” Furthermore; para [0529]: “… the capability report may include separate indications of communications capability and sensing capability … .”);
receiving (FIG. 31; step 4520), from the configuring node (FIG. 31; BASE STATION 4170), configuration information (FIG. 31; SENSING INSTRUCTION) comprising a message (new message/instruct_to_sense indication) indicating allocation of a first RF bandwidth part (BWP) (sensing signal bandwidth) to the user equipment (FIG. 31; UE 4110) by the configuring node (FIG. 31; BASE STATION 4170) (para [0489]: “… the BS 4170 may transmit (step 4518) an even further new message may include a “instruct_to_sense” indication. The instruct_to_sense indication received (step 4520) by the UE 4110, may specify details of the sensing signal … including sensing signal bandwidth … .” Moreover; sensing BWPs and communication BWPs are also discussed in para [0251]. Furthermore; supported width to include partial BWP or full BWP is also discussed in para [0529]. From such discussion, we can safely and properly conclude that the sensing signal bandwidth described in para [0489] may refer to sensing BWP in a manner as claimed); and
utilizing (FIG. 31; step 4522) the first RF BWP (sensing signal bandwidth) for performing sensing functions (para [0489: “… The instruct_to_sense indication received (step 4520) by the UE 4110, may specify details of the sensing signal that is to be used by the UE 4110 when carrying out (step 4522) a sensing operation … the sensing signal may include an indication of a particular sensing type along with indication of various sensing signal parameters, including sensing signal bandwidth, sensing signal duration, etc.”).
Regarding claim 2, in addition to features recited in base claim 1 (see rationales discussed above), Zhu also teaches wherein the first RF BWP (sensing BWP) is larger than a baseband BWP (communication BWP) allocated to the user equipment (FIG. 31; UE 4110) for communication operations (para [0251]: "The configuration for sensing BWPs can be different from that of communication BWPs." From such discussion, we can conclude that the sensing BWPs can be smaller, larger, or equal the communication BWPs for allocating to the user equipment as discussed in para [048] as discussed above and in a manner as claimed.).
Regarding claim 3, in addition to features recited in base claim 2 (see rationales discussed above), Zhu also teaches wherein the baseband BWP (communication BWP) is used by the user equipment (FIG. 31; UE 4110) for communication operations that are based, at least in part, on orthogonal frequency division multiplexing (OFDM) (OFDM is discussed in para [0272]) and wherein the sensing functions are based, at least in part, on using frequency modulated continuous wave (FMCW) operations (FMCW is discussed in para [0282]. Moreover; para [0251]: "The configuration for sensing BWPs can be different from that of communication BWPs." Moreover, Zhu’s communication BWPs are equated to correspond to claimed “baseband BWP” and Zhu’s sensing BWPs are equated to correspond to claimed “sensing BWP”).
Regarding claim 4, in addition to features recited in base claim 3 (see rationales discussed above), Zhu also teaches wherein transmitting the capability information to the configuring node (FIG. 31; BASE STATION 4170) is based on a radio resource control protocol (higher layer signaling/RRC) (RRC or MAC-CE is discussed in para [0117] or [0397] and thereinafter).
Regarding claim 8, in addition to features recited in base claim 2 (see rationales discussed above), Zhu also teaches utilizing the baseband BWP (communication BWP) for performing communication operations concurrently (simultaneously) with utilizing the first RF BWP (sensing BWP) for performing sensing functions (Zhu: para [0384]: “... performing both functionalities of communications and sensing simultaneously ... .").
Regarding claim 9, in accordance with Zhu reference entirety, Zhu teaches a method performed by a configuring node (FIG. 31; BASE STATION 4170) to support a user equipment (FIG. 31; UE 4110) for performing sensing functions (Abstract and thereinafter: “Systems and method of integrated sensing and communication are provided), the method comprising:
receiving, from the user equipment (FIG. 31; UE 4110), capability information (FIG. 31; SENSING CAPABILITY REPORT) comprising a radio frequency (RF) bandwidth supported by the user equipment (FIG. 31; UE 4110) for sensing functions (FIG. 31; SENSING CAPABILITY REPORT) (para 0479: “… The UE 4110 transmits (step 4502), to the BS 4170, a sensing capability report indicating the sensing capability of the UE 4110 … the sensing capability report may indicate a supported frequency bands and bandwidth, supported sensing signals and supported duplexing mode … upon connecting to the BS 4170.” Furthermore; para [0529]: “… the capability report may include separate indications of communications capability and sensing capability … .”);
allocating, to the user equipment, a first RF bandwidth part (BWP) that is based, at least in part, on the RF bandwidth supported by the user equipment for sensing functions (para [0489]: “… the BS 4170 may transmit (step 4518) an even further new message may include a “instruct_to_sense” indication. The instruct_to_sense indication received (step 4520) by the UE 4110, may specify details of the sensing signal … including sensing signal bandwidth … .” Moreover; sensing BWPs and communication BWPs are also discussed in para [0251]. Furthermore; supported width to include partial BWP or full BWP is also discussed in para [0529]. From such discussion, we can safely and properly conclude that the sensing signal bandwidth described in para [0489] may refer to sensing BWP in a manner as claimed); and
transmitting, to the user equipment (FIG. 31; UE 4110), information about the first RF BWP allocated to the user equipment (FIG. 31; UE 4110) (para [0489: “… The instruct_to_sense indication received (step 4520) by the UE 4110, may specify details of the sensing signal that is to be used by the UE 4110 when carrying out (step 4522) a sensing operation … the sensing signal may include an indication of a particular sensing type along with indication of various sensing signal parameters, including sensing signal bandwidth, sensing signal duration, etc.”).
Regarding claim 10, in addition to features recited in base claim 9 (see rationales discussed above), Zhu also teaches wherein the first RF BWP (sensing BWP) is larger than a baseband BWP (communication BWP) allocated to the user equipment for communication purposes (para [0251]: "The configuration for sensing BWPs can be different from that of communication BWPs." From such discussion, we can conclude that the sensing BWPs can be smaller, larger, or equal the communication BWPs for allocating to the user equipment as discussed in para [048] as discussed above and in a manner as claimed.).
Regarding claim 11, in addition to features recited in base claim 10 (see rationales discussed above), Zhu also teaches wherein the baseband BWP is used for communication operations that are based, at least in part, on orthogonal frequency division multiplexing (OFDM) (OFDM is discussed in para [0272]) and wherein the sensing functions are based, at least in part, on using frequency modulated continuous wave (FMCW) operations (FMCW is discussed in para [0282]. Moreover; para [0251]: "The configuration for sensing BWPs can be different from that of communication BWPs." Moreover, Zhu’s communication BWPs are equated to correspond to claimed “baseband BWP” and Zhu’s sensing BWPs are equated to correspond to claimed “sensing BWP”).
Regarding claim 12, in addition to features recited in base claim 11 (see rationales discussed above), Zhu also teaches wherein receiving the capability information from the user equipment (FIG. 31; UE 4110) is based on a radio resource control protocol (higher layer signaling/RRC) (RRC or MAC-CE is discussed in para [0117] or [0397] and thereinafter).
Regarding claim 16, in addition to features recited in base claim 9 (see rationales discussed above), Zhu also teaches wherein the information transmitted to the user equipment (FIG. 31; UE 4110) about the first RF BWP (sensing BWP) comprises a message formatted in a radio resource control protocol (higher layer signaling/RRC) (RRC or MAC-CE is discussed in para [0117] or [0397] and thereinafter).
As per group claims 17-20, the claims appear to call for a user equipment having limitations variously and essentially mirrored functional limitations of method claims 1-4, respectively. Thus, they are anticipated by Zhu for the same rationales applied to method claims 1-4 as above discussed.
As per group claims 24-27, the claims appear to call for a configuring node having limitations variously and essentially mirrored functional limitations of method claims 9-12, respectively. Thus, they are anticipated by Zhu for the same rationales applied to method claims 9-12 as above discussed.
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.
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.
Claims 5-7, 13-15, 21-23, and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Jeon et al. (US 2023/0362898) (hereinafter “Jeon”).
Regarding claim 5, in addition to features recited in base claim 2 (see rationales discussed above), Zhu also teaches wherein the capability information further comprises a first switching time (timing adjusting, and so on) supported by the user equipment for switching (para [0122]: “information required for performing sensing (such as time/frequency resources of the sensing signal, location of an object to be sensed, possible beam direction of the reflected sensing echo, possible beam direction of the reflected sensing echo, timing adjusting, and so on”) between the baseband BWP (communication BWPs) and the first RF BWP (sensing BWPs) (Moreover; para [0251]: "The configuration for sensing BWPs can be different from that of communication BWPs.").
For argument’s sake, let’s say that Zhu fails to explicitly teach the claim limitation of “wherein the capability information further comprises a first switching time supported by the user equipment for switching between the baseband BWP and the first RF BWP.” Nevertheless, such limitation lacks thereof from Zhu’s teaching is well-known in the art and taught by Jeon.
In an analogous art in the same field of endeavor, Jeon teaches sensing configuration/operations (Jeon; Abstract and thereinafter) comprising, among other things, the limitation of “wherein the capability information further comprises a first switching time supported by the user equipment for switching between the baseband BWP and the first RF BWP” (Jeon; FIG. 14 and para [0302]: “… example of BWP switching for joint communication and sensing operation … the BWP configuration can be separate for communication 1401, 1402 and sensing 1403, 1404. The activated BWP for sensing can be different or the same from that for communication … Sensing BWP(s) may not overlap (1403) or overlap (1404) with communication BWP. Sensing BWP(s) may include communication BWP(s) or may be included within communication BWP(s). With the given slot format indication, there can be an association of a certain BWP with a certain time slot. In that case, the BWP switching for communication and sensing can be implicitly assumed at the UE ... there could be a separate indication on the BWP switching between communication and sensing.”).
Thus, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains before the effective filing date of the claimed invention to incorporate/combine/implement Jeon’s teaching of BWP’s switching into Zhu’s teaching to arrive the claim invention. A motivation for doing so would be to overcome the shortfalls of the prior art in allocating resource configuration for sensing operations as well as communication operations.
Regarding claim 6, in addition to features recited in base claim 5 (see rationales discussed above), Zhu in view of Jeon also renders obvious the claim limitation of wherein the capability information further comprises a second switching time supported by the user equipment for switching between the first RF BWP and a second RF BWP (Jeon; see para [0302]: “… the BWP configuration can be separate for communication 1401, 1402 and sensing 1403, 1404 … .” And FIG. 14 depicts first switching time (between BWP 1401 and BWP 1403), second switching time (between BWP 1403 and BWP 1402), and third switching time (between BWP 1402 and BWP 1404)).
Thus, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains before the effective filing date of the claimed invention to incorporate/combine/implement Jeon’s teaching of BWP’s switching into Zhu’s teaching to arrive the claim invention for the same rationale as above discussed).
Regarding claim 7, in addition to features recited in base claim 6 (see rationales discussed above), Zhu also teaches wherein the second switching time is defined, at least in part, on at least one of a first symbol duration in an FMCW format or a first sensing slot in the FMCW format (Jeon; para [0302]: “... With the given slot format indication, there can be an association of a certain BWP with a certain time slot ... .”. Moreover; sensing signal is discussed by Jeon in para [0014]: “… a sensing signal configuration including waveform, cyclic shift, frequency tones, tone spacing, directionality, and time gap between successive sensing signal transmission may be received by the UE.” On the other hand; Zhu, FMCW waveforms are discussed in para [0282] and thereinafter.).
Thus, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains before the effective filing date of the claimed invention to incorporate/combine/implement Jeon’s teaching of BWP’s switching into Zhu’s teaching to arrive the claim invention for the same rationale as above discussed).
Regarding claim 13, in addition to features recited in base claim 10 (see rationales discussed above), Zhu also teaches wherein the capability information further comprises a first switching time (timing adjusting, and so on) supported by the user equipment for switching between the baseband BWP (communication BWP) and a RF BWP (sensing BWP) (para [0122]: “information required for performing sensing (such as time/frequency resources of the sensing signal, location of an object to be sensed, possible beam direction of the reflected sensing echo, possible beam direction of the reflected sensing echo, timing adjusting, and so on”) between the baseband BWP (communication BWPs) and the first RF BWP (sensing BWPs) (Moreover; para [0251]: "The configuration for sensing BWPs can be different from that of communication BWPs.").
For argument’s sake, let’s say that Zhu fails to explicitly teach the claim limitation of “wherein the capability information further comprises a first switching time supported by the user equipment for switching between the baseband BWP and the first RF BWP.” Nevertheless, such limitation lacks thereof from Zhu’s teaching is well-known in the art and taught by Jeon.
In an analogous art in the same field of endeavor, Jeon teaches sensing configuration/operations (Jeon; Abstract and thereinafter) comprising, among other things, the limitation of “wherein the capability information further comprises a first switching time supported by the user equipment for switching between the baseband BWP and the first RF BWP” (Jeon; FIG. 14 and para [0302]: “… example of BWP switching for joint communication and sensing operation … the BWP configuration can be separate for communication 1401, 1402 and sensing 1403, 1404. The activated BWP for sensing can be different or the same from that for communication … Sensing BWP(s) may not overlap (1403) or overlap (1404) with communication BWP. Sensing BWP(s) may include communication BWP(s) or may be included within communication BWP(s). With the given slot format indication, there can be an association of a certain BWP with a certain time slot. In that case, the BWP switching for communication and sensing can be implicitly assumed at the UE ... there could be a separate indication on the BWP switching between communication and sensing.”).
Thus, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains before the effective filing date of the claimed invention to incorporate/combine/implement Jeon’s teaching of BWP’s switching into Zhu’s teaching to arrive the claim invention. A motivation for doing so would be to overcome the shortfalls of the prior art in allocating resource configuration for sensing operations as well as communication operations.
Regarding claim 14, in addition to features recited in base claim 13 (see rationales discussed above), Zhu in view of Jeon also renders obvious the claim limitation of wherein the capability information further comprises a second switching time supported by the user equipment for switching between the first RF BWP and a second RF BWP (Jeon; see para [0302]: “… the BWP configuration can be separate for communication 1401, 1402 and sensing 1403, 1404 … .” And FIG. 14 depicts first switching time (between BWP 1401 and BWP 1403), second switching time (between BWP 1403 and BWP 1402), and third switching time (between BWP 1402 and BWP 1404)).
Thus, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains before the effective filing date of the claimed invention to incorporate/combine/implement Jeon’s teaching of BWP’s switching into Zhu’s teaching to arrive the claim invention for the same rationale as above discussed).
Regarding claim 15, in addition to features recited in base claim 14 (see rationales discussed above), Zhu also teaches wherein the second switching time is defined, at least in part, on at least one of a first symbol duration in an FMCW format or a first sensing slot in the FMCW format (Jeon; para [0302]: “... With the given slot format indication, there can be an association of a certain BWP with a certain time slot ... .”. Moreover; sensing signal is discussed by Jeon in para [0014]: “… a sensing signal configuration including waveform, cyclic shift, frequency tones, tone spacing, directionality, and time gap between successive sensing signal transmission may be received by the UE.” On the other hand; Zhu, FMCW waveforms are discussed in para [0282] and thereinafter.).
Thus, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains before the effective filing date of the claimed invention to incorporate/combine/implement Jeon’s teaching of BWP’s switching into Zhu’s teaching to arrive the claim invention for the same rationale as above discussed).
As per group claims 21-23, the claims appear to call for a user equipment having limitations variously and essentially mirrored functional limitations of method claims 5-7, respectively. Thus, they are rendered obvious by Zhu in view of Jeon for the same rationales applied to method claims 5-7 as above discussed.
As per group claims 28-30, the claims appear to call for a configuring node having limitations variously and essentially mirrored functional limitations of method claims 13-15, respectively. Thus, they are rendered obvious by Zhu in view of Jeon for the same rationales applied to method claims 13-15 as above discussed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu et al. (US 2021/0099991).
Jeon et al. (US 2022/0256519).
Bayesteh et al. (US 2022/0141804).
Kumari et al. (US 2023/0199741).
van den Broeke (US 12,231,273).
Ma et al. (US 2023/0300868).
Lee et al. (US 2025/0047432).
Tang et al. (US 2025/0358597).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK DUONG whose telephone number is (571)272-3164. The examiner can normally be reached 7:00AM-3:30PM.
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Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
/FRANK DUONG/Primary Examiner, Art Unit 2474 February 11, 2026