DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments and amendments, filed 03/13/2026, with respect to amended claim(s) 1, 4 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that Mayer (US 2023/0403085, "Mayer") fails to teach all of the claim limitations of amended claims 1, 4 and 13. Specifically, Applicant argues, "There is no disclosure or suggestion that the sensing information includes Micro-Doppler signatures that indicate internal motions within an object. Accordingly, Mayer does not anticipate the subject matter of amended independent claims 1 and 13 within the meaning of 35 U.S.C. § 102." (Page 2, lines 23-26) as recited in amended claims 1, 4 and 13. Additionally, Applicant argues against the obviousness of Micro-Doppler measurements of Mayer in combination with the other prior art cited in the Office Action dated 02/25/2026, Hu (US 2018/0269939, "Hu"), Leather (US 2020/0099458, "Leather") and Roy (US 2023/0086144, "Roy"). Specifically, Applicant argues, “Accordingly, even if the skilled person were to combine Mayer with any of the references Hu, Leather, or Roy for reasons that are not apparent, such a combination would still fail to disclose or suggest the analysis of a Micro-Doppler shift indicating movements within an object by a JCAS capable device. Accordingly, the subject matter of amended independent claim 1 is non-obvious within the meaning of 35 U.S.C. § 103.”(Page 3, lines 19-23). While it is accurate that Mayer, Hu, Leather and Roy do not teach Micro-Doppler measurements, Mayer teaches the testing of a Joint Communication and Sensing in the context of 6G ([0004] In future communications systems, for instance, in mobile communications systems of the sixth generation (6G), the core functionalities may be expanded to include sensing. In particular, JCAS may be used in these communication systems to sense the environment with the aid of mobile radio signals.). Indeed, Mayer does not teach the inherent features of Micro-Doppler measurements found in amended claims 1, 4 and 13. Additional reference is made to the discussion of Liu (M. Liu, F. Gao, Z. Cui, S. Pollin and Q. Liu, "Sensing with OFDM Waveform at mmWave Band Based on Micro-Doppler Analysis," 2023 IEEE International Conference on Communications Workshops (ICC Workshops), Rome, Italy, 2023, pp. 1398-1403) below which will explicitly teach Micro-Doppler measurements in a Joint Communication and Sensing system relevant for 6G, the same JCAS as described by Mayer.
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.
Claims 1-4 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer (US 20230403085) in view of Liu (M. Liu, F. Gao, Z. Cui, S. Pollin and Q. Liu, "Sensing with OFDM Waveform at mmWave Band Based on Micro-Doppler Analysis," 2023 IEEE International Conference on Communications Workshops (ICC Workshops), Rome, Italy, 2023, pp. 1398-1403).
Regarding claim 1, Mayer teaches a system for testing a joint communication and sensing, JCAS, capable device, comprising:
A mobile network component emulator, MNCE ([0023] At least one of the first test instrument and the second test instrument may generate the feedback signal. The system may also comprise a signal combiner to generate the feedback signal. The system may further comprise a transmitter to send the generated feedback signal to the DUT, or at least one of the test instruments comprises the transmitter.), which is configured to emulate at least one JCAS network component ([0068] The signaling test may in this way emulate the decoding and re-encoding of the multiple layers of the communication signal, for example, as it would be performed by a UE in a real communication scenario. The system may thus emulate the UE.); wherein the MNCE is configured to generate at least one RF signal with defined signal characteristics and to transmit said RF signal to the JCAS capable device ([0070] the system 20 is adapted to send back a feedback signal 22 to the DUT 21, wherein the feedback signal 22 comprises a communication response signal and a sensing response signal. The communication response signal and a sensing response signal may be generated as described respectively with respect to FIG. 2(A) and FIG. 2(B).); and
a processor ([0038] In an implementation, the system further comprises a controller configured to control, at least partly, both the first test instrument and the second test instrument.)
Mayer fails to teach the processor is configured to analyze a detection of a Micro-Doppler shift indicating movements within an object by the JCAS capable device based on the at least one RF signal.
However, Liu teaches Micro-Doppler Joint Communication and Sensing in the context of 6G networks (Abstract) where the processor is configured to analyze a detection of a Micro-Doppler shift indicating movements within an object by the JCAS capable device based on the at least one RF signal (Pg. 1398, col. 2, lines 4-14; Towards the scope of JCAS, we primarily simulate MD signatures with an OFDM waveform. JCSA simulations generally impose the interaction between communication and sensing. Assuming a hybrid channel model where communication has no effects on sensing, we adopt tapped delay line (TDL) channel modeling method proposed by the 3rd Generation Partnership Project (3GPP) TR 38.901 for target sensing simulation [6]. Two case studies are presented: 1igid rotating fan detection where MD modulation is explained intuitively and non-rigid human activity identification to specify practical application.).
Mayer and Liu are both considered to be analogous to the claimed invention because they are in the same field of endeavor of wireless Joint Communication and Sensing technology. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mayer by including the Micro-Doppler analysis of Liu to yield a predictable result of improved JCAS target detection and identification as noted by Liu (Pg. 1398, col. 1, lines 21-24; It has shown that MD signatures were utilized to improve the capability of target detection and identification for sensing on communication [3]. From MD analysis, we can extract the micro-scale movement signatures of the target.).
Regarding claims 2 and 3, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer further teaches wherein the emulated JCAS network component comprises an emulated base station ([0044] In an implementation of the system, the DUT is a base station, or a user equipment (UE), or a mobile device. [0045] A mobile device may be a phone, smartphone, tablet, camera, car with phone, or the like. A UE may be a mobile phone, a vehicle, a TV, a tablet, or the like. A base station may be a gNodeB, or a random access network (RAN) node, or a transmit and receive point (TRP), or a WiFi access point or the like.) and wherein the emulated JCAS network component comprises an emulated user equipment ([0068] The signaling test may in this way emulate the decoding and re-encoding of the multiple layers of the communication signal, for example, as it would be performed by a UE in a real communication scenario. The system may thus emulate the UE.).
Regarding claim 4, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer further teaches wherein the processor is configured to determine an accuracy of the detection of the Micro-Doppler shift by the JCAS capable device ([0052] The system may verify whether the sensing information determined by the DUT matches to what the surrounding model suggests. Thereby, the predetermined requirements, which may contain some accuracy requirements, or the like are taken into account.).
Regarding claim 6, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer further teaches wherein the MNCE comprises a fading module configured to emulate a fading in the at least one RF signal ([0012] This interaction may be emulated by using a predetermined surrounding model, which includes instructions to modify the sensing signal. For instance, by at least one of attenuating or amplifying the sensing signal,).
Regarding claim 7, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer further teaches wherein the MNCE is configured to further adapt the at least one RF signal to emulate a scattering and/or a reflection from an object ([0050] This sensing receiver could derive information from the reflected sensing signal. The system, possibly the second test instrument, may modify the sensing signal to emulate such reflections).
Regarding claim 8, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer teaches the system further comprising: a radar signal and/or radar reflection generator which is configured to generate the at least one RF signal in the form of a radar signal ([0069] FIG. 2(B) shows how an exemplary sensing test, without communication, may be performed. In particular, the example of FIG. 2(B) illustrates a radar-environment test as the exemplary sensing test. A DUT, for instance a radar device, sends a sensing signal to the test and measurement (T&M) system.).
Regarding claim 13, Mayer teaches a method for testing a joint communication and sensing, JCAS, capable device, comprising:
emulating at least one JCAS network component ([0068] The signaling test may in this way emulate the decoding and re-encoding of the multiple layers of the communication signal, for example, as it would be performed by a UE in a real communication scenario. The system may thus emulate the UE.); and
generating at least one RF signal with defined signal characteristics according to the emulated JCAS network component; transmitting said RF signal to the JCAS capable device ([0053] A second aspect of this disclosure provides a method for thereby producing a sensing response signal, and generating a feedback signal by combining the communication response signal and the sensing response signal, and sending the feedback signal to the DUT.). Mayer fails to teach analyzing a detection of a Micro-Doppler shift indicating movements within an object by the JCAS capable device based on the at least one RF signal. Liu teaches analyzing a detection of a Micro-Doppler shift indicating movements within an object by the JCAS capable device based on the at least one RF signal (Pg. 1398, col. 2, lines 4-14; Towards the scope of JCAS, we primarily simulate MD signatures with an OFDM waveform. JCSA simulations generally impose the interaction between communication and sensing. Assuming a hybrid channel model where communication has no effects on sensing, we adopt tapped delay line (TDL) channel modeling method proposed by the 3rd Generation Partnership Project (3GPP) TR 38.901 for target sensing simulation [6]. Two case studies are presented: 1igid rotating fan detection where MD modulation is explained intuitively and non-rigid human activity identification to specify practical application.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mayer by including the Micro-Doppler analysis of Liu to yield a predictable result of improved JCAS target detection and identification as noted by Liu (Pg. 1398, col. 1, lines 21-24; It has shown that MD signatures were utilized to improve the capability of target detection and identification for sensing on communication [3]. From MD analysis, we can extract the micro-scale movement signatures of the target.).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Mayer as modified by Liu as applied to claim 1 above, and further in view of Hu (US 20180269939).
Regarding claim 9, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer as modified by Liu fails to teach where the MNCE comprises a 2D or 3D antenna array configured to transmit the RF signals to the JCAS device.
However, Hu teaches techniques for wireless network testing ([0072] The one or more emulation devices may perform the one or more, including all, functions while not being implemented/deployed as part of a wired and/or wireless communication network. For example, the emulation devices may be utilized in a testing scenario in a testing laboratory and/or a non-deployed (e.g., testing) wired and/or wireless communication network in order to implement testing of one or more components. The one or more emulation devices may be test equipment. Direct RF coupling and/or wireless communications via RF circuitry (e.g., which may include one or more antennas) may be used by the emulation devices to transmit and/or receive data.) where the MNCE comprises a 2D ([0004] The FD-MIMO is the state-of-the-art MIMO technology for 3GPP long term evolution (LTE). The system features a 2D planar antenna array at the base station (BS), which enables tens of active antenna elements to be arranged in a feasible form factor, at operating carrier frequency below 6 GHz.) or 3D ([0070] The conventional FD-MIMO is assumed as the comparison baseline. The system level simulation is performed with 19 cell sites and 57 sectors (i.e., 3 sectors per cell site) deployed in a hexagonal grid. As shown in FIG. 5 (e.g, (a)), three 2D antenna arrays are deployed to serve one three-sector site) antenna array configured to transmit the RF signals to the JCAS device.
Mayer, Liu and Hu are all considered to be analogous to the claimed invention because they are in the same field of endeavor of 5G and beyond Wireless Network Testing technology. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Mayer as modified by Liu by including the 2D or 3D antenna array of Hu to yield a predictable result of integrating advanced antenna technology for 5G and beyond wireless networking that would allow the testing system to perform a more relevant range of tests.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mayer as modified by Liu as applied to claim 1 above, and further in view of Leather (US 20200099458).
Regarding claim 10, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer as modified by Liu fails to teach the system of claim 1 comprising: an anechoic chamber designed for inserting the JCAS capable device.
However, Leather teaches a measurement system for testing wireless devices ([0002] The invention further relates to a measurement system for testing an apparatus by receiving a signal having a spatial electromagnetic radiation characteristic the apparatus. The invention further relates to a method for operating an apparatus and to a method for operating a measurement system.) with an anechoic chamber designed for inserting the JCAS capable device ([0121] FIG. 5 shows a schematic block diagram of a measurement system 50 according to an embodiment, comprising a measurement chamber 56. The measurement chamber 56 may comprise the sensors 46.sub.1 and/or 46.sub.2 that are connected to the control unit 52. The chamber 56 may be configured to host the DuT, for example, the apparatus 10, 20 and/or 30. Alternatively the chamber 56 may be configured to host a plurality of apparatus, i.e., a plurality of apparatus may be arranged inside the chamber 56. The measurement chamber 56 may be an anechoic chamber but may alternatively be a different chamber.).
Mayer, Liu and Leather are all considered to be analogous to the claimed invention because they are in the same field of endeavor of Wireless Network Testing technology. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Mayer as modified by Liu by including the anechoic chamber of Leather to yield a predictable result of a means to control the testing environment by excluding environmental RF signals not generated by the system or device under test thereby improving the control of the testing environment.
Claim(s) 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Mayer as modified by Liu as applied to claim 1 above, and further in view of Roy (US 20230086144).
Regarding claims 11 and 12, Mayer as modified by Liu teaches the system of claim 1, accordingly the rejection of claim 1 above is incorporated. Mayer as modified by Liu does not explicitly teach wherein the system is configured to issue a sensing request message to the JCAS capable device prior to transmitting the at least one RF signal and the sensing request message comprises information regarding a direction of radiation and/or a signal strength of the at least one RF signal.
However, Roy teaches a system for using wireless network emulation devices for testing network components ([0074] The emulation devices may be designed to implement one or more tests of other devices in a lab environment and/or in an operator network environment. For example, the one or more emulation devices may perform the one or more, or all, functions while being fully or partially implemented and/or deployed as part of a wired and/or wireless communication network in order to test other devices within the communication network. The one or more emulation devices may perform the one or more, or all, functions while being temporarily implemented/deployed as part of a wired and/or wireless communication network.) where the system is configured to issue a sensing request message to the JCAS capable device prior to transmitting the at least one RF signal and the sensing request message comprises information regarding a direction of radiation and/or a signal strength of the at least one RF signal ([0265] The wireless transmit/receive WTRU may send an activation/reconfiguration request indicating the selected candidate sensing configurations (306). For example, the WTRU may send an activation/reconfiguration request that includes a list of sensing configuration IDs (“sensing configuration ID list”) corresponding to the selected candidate sensing configurations. The activation/reconfiguration request may include other configuration/sensing parameters for one, some or all of the selected candidate sensing configurations. The other configuration/sensing parameters may include, for example, any of directionality, beam width and transmit power information.).
Mayer, Liu and Roy are all considered to be analogous to the claimed invention because they are in the same field of endeavor of Wireless Network Testing technology. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Mayer as modified by Liu by including the sensing request messaging of Roy to yield a predictable result of an ability to define the relevant testing parameters which allows for higher fidelity testing.
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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN BS ABRAHAM whose telephone number is (571)272-4145. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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/JBSA/Examiner, Art Unit 3646
/JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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