DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
Priority
The pending application 18/678,035, filed on 30 MAR 2024 is a continuation of national stage application filed under 35 U.S.C. 371 of PCT/CN2022/083241, filed on 28 MAR 2022.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 30 JUL 2026 and 21 AUG 2026 have been considered by the examiner.
Response to Amendment
Applicant's amendment filed on 7 JUL 2026 has been entered. Claims 15-16 have been amended. Claims 1-20 are still pending in this application, with claims 1, 9 and 16 being independent.
Applicant's amendments to the claims have overcome the objection(s) raised in the previous office action dated 7 APR 2026.
Response to Arguments
Applicant's arguments filed 7 JUL 2026 have been fully considered but they are not persuasive.
Regarding the Examiner’s rejection of claims 1, 9 and 16 under 35 U.S.C. 102 as anticipated by Braun et al. (EP 3,958,013 A2), the applicant argues that the cited reference fails to disclose all the features of the claimed invention, specifically “performing, by the wireless communication and sensing node, a sensing function of the ISAC signal via the one or more communication antennas and one or more sensing-dedicated antennas.”
Applicant argues that “Braun clearly describes that the second antenna array is a dual-function or multi-function array that can receive radar signals and receiver communication-related information such as data and control information from UEs.” (Applicant’s remarks p. 7)
Applicant cites ¶ [0077] of Braun where “[a] second antenna array may be used for receiving the reflected radar signals with full array gain for the radar processing…The second array may further be applied, for example in the uplink time interval for receiving data and/or control information from the UEs to enhance data rate and/or reliability…” Applicant appears to be arguing that Braun requires that the second antenna array perform both sensing and communication functions. Examiner respectfully disagrees with this interpretation. In ¶ [0077], Braun considers multiple design options: a single-function second antenna array for radar and a dual-function second antenna array for radar and communication. The use of the phrase “may further” indicates that what follows is an optional addition. In this case, the functionality of receiving data and/or control information is an optional addition to the second antenna array configured to receive and process radar signals. Hence, Braun discloses one or more sensing-dedicated antennas. Therefore, applicant’s argument on this issue is not persuasive.
Applicant further argues that “Braun teaches away from using on or more sensing-dedicated antennas to perform a sensing function.” (Applicant’s remarks p. 7-8)
Examiner respectfully disagrees. Regarding applicant’s arguments that Braun teaches away from using one or more sensing-dedicated antennas to perform a sensing function, it is noted that the applicant is using “teaching away” in a much broader sense that it is legally accepted. For a reference to be considered to teach away from a proposed modification such reference must criticize, discredit, or otherwise discourage the proposed combination. In re Fulton, 73 USPQ2d 1141 (Fed. Cir. 2004). The applicant is further advised that disclosed examples and/or preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments, even if such nonpreferred embodiments are described as somewhat inferior. See In re Susi, 169 USPQ 423 (CCPA 1971), and In re Gurley, 31 USPQ2d 1130 (Fed. Cir. 1994). In this case, Braun does not discourage a sensing-dedicated array but discloses optionally providing the second antenna array with the additional function of receiving data and/or control information for the additional benefit of enhancing the data rate and/or reliability. Therefore, applicant’s argument on this issue is not persuasive.
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)(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.
Claim(s) 1, 3-9, and 11-15 remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Braun et al. (EP 3,958,013 A2, cited by applicant in IDS dated 3 MAR 2025, previously relied upon by the examiner).
Regarding claim 1 (Original), Braun et al. discloses:
A wireless communication and sensing method comprising:
performing, by a wireless communication and sensing node (Braun et al. “Radar detection and ranging, i.e. radar, may be used for example in LTE, NR, beyond 5G, or 6G wireless communication systems. As an example, a mobile radio base station may be used for exchanging data with mobile users, as well as for pedestrian and/or vehicular traffic monitoring when deployed along roads, for example within cities or at highway bridges.” - ¶ [0046]), a communication function of an integrated sensing and communication (ISAC) signal via one or more communication antennas (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals…” - ¶ [0077]); and
performing, by the wireless communication and sensing node, a sensing function of the ISAC signal via the one or more communication antennas (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals, as well as reception 1011 of data, all with full array gain.” - ¶ [0077]) and one or more sensing-dedicated antennas (Braun et al. “A second antenna array may be used for receiving 102 the reflected radar signals with full array gain for the radar processing.” - ¶ [0077]; examiner notes that the functionality of receiving data and/or control information is an optional addition to the second antenna array configured to receive and process radar signals).
Regarding claim 3 (Original), Braun et al. discloses:
The wireless communication and sensing method of claim 1, wherein a communication signal of the ISAC signal is sent and received by the one or more communication antennas (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals, as well as reception 1011 of data, all with full array gain.” - ¶ [0077]) and a sensing signal of the ISAC signal is transmitted by the one or more communication antennas and received by the one or more sensing-dedicated antennas (Braun et al. “A second antenna array may be used for receiving 102 the reflected radar signals with full array gain for the radar processing.” - ¶ [0077]).
Regarding claim 4 (Original), Braun et al. discloses:
The wireless communication and sensing method of claim 1, wherein the communication function is half-duplex (Braun et al. “Time-division duplexing, TDD, may be used for the wireless communications part of the system.” - ¶ [0053]; where TDD is a form of half-duplex communication); and
wherein the sensing function is full-duplex (Braun et al. “Short range radar systems may require simultaneous transmission of the radar excitation signals… This may be implemented for example by using a full duplex transceiver…” - ¶ [0052]).
Regarding claim 5 (Original), Braun et al. discloses:
The wireless communication and sensing method of claim 1, wherein the one or more communication antennas comprises a structure of at least one of a uniform linear array, a uniform two-dimensional array, or an irregular array (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data... The first antenna array may apply for example TDD, and thus the TX and RX may occur at different time instants.” - ¶ [0077]).
Regarding claim 6 (Original), Braun et al. discloses:
The wireless communication and sensing method of claim 1, wherein the one or more sensing-dedicated antennas comprise a structure of at least one of a uniform linear array, a uniform two-dimensional array, or an irregular array (Braun et al. “A second antenna array may be used for receiving 1020 the reflected radar excitation signals…” - ¶ [0077]).
Regarding claim 7 (Original), Braun et al. discloses:
The wireless communication and sensing method of claim 1, wherein the communication function uses at least one of an orthogonal frequency division Multiplexing (OFDM) waveform (Braun et al. “For example, an orthogonal frequency division multiplex, OFDM, radar may be used to enable joint communication and sensing. With an OFDM radar, the downlink, DL, signal carrying actual data, i.e. the OFDM resource elements carrying quadrature amplitude modulation, QAM, symbols, may be used as the excitation signal, and thus there may be no need to reduce DL capacity for sensing.” - ¶ [0051]) or a discrete Fourier transform spread orthogonal frequency division multiplexing (DFT-s-OFDM) waveform.
Regarding claim 8 (Original), Braun et al. discloses:
The wireless communication and sensing method of claim 1, wherein the sensing function uses at least one of a frequency modulated continuous wave (FMCW) signal (Braun et al. “Short range radar systems may apply frequency modulated continuous wave, FMCW, signals…” - ¶ [0050]), an OFDM signal (Braun et al. “For example, an orthogonal frequency division multiplex, OFDM, radar may be used to enable joint communication and sensing.” - ¶ [0051]), a pulse signal (Braun et al. “Chirp signals may be embedded into the air interface of the communication system for example by time division multiplex, TDM.” - ¶ [0050]), a low-correlation sequence signal, or a continuous wave (CW) signal.
Regarding claim 9 (Original), Braun et al. discloses:
A wireless communication and sensing node comprising:
one or more communication antennas configured to perform a communication function of an integrated sensing and communication (ISAC) signal and a sensing function of the ISAC signal (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals…” - ¶ [0077]); and
one or more sensing-dedicated antennas configured to perform a sensing function of the ISAC signal (Braun et al. “A second antenna array may be used for receiving 102 the reflected radar signals with full array gain for the radar processing.” - ¶ [0077]; examiner notes that the functionality of receiving data and/or control information is an optional addition to the second antenna array configured to receive and process radar signals).
Regarding claim 11 (Original), Braun et al. discloses:
The wireless communication and sensing node of claim 9, wherein the communication function is half-duplex (Braun et al. “Time-division duplexing, TDD, may be used for the wireless communications part of the system.” - ¶ [0053]; where TDD is a form of half-duplex communication); and
wherein the sensing function is full-duplex (Braun et al. “Short range radar systems may require simultaneous transmission of the radar excitation signals… This may be implemented for example by using a full duplex transceiver…” - ¶ [0052]).
Regarding claim 12 (Original), Braun et al. discloses:
The wireless communication and sensing node of claim 9, wherein the one or more communication antennas comprises a structure of at least one of a uniform linear array, a uniform two-dimensional array, or an irregular array (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data... The first antenna array may apply for example TDD, and thus the TX and RX may occur at different time instants.” - ¶ [0077]).
Regarding claim 13 (Original), Braun et al. discloses:
The wireless communication and sensing node of claim 9, wherein the one or more sensing-dedicated antennas comprise a structure of at least one of a uniform linear array, a uniform two-dimensional array, or an irregular array (Braun et al. “A second antenna array may be used for receiving 1020 the reflected radar excitation signals…” - ¶ [0077]).
Regarding claim 14 (Original), Braun et al. discloses:
The wireless communication and sensing node of claim 9, wherein the communication function uses at least one of an orthogonal frequency division Multiplexing (OFDM) waveform (Braun et al. “For example, an orthogonal frequency division multiplex, OFDM, radar may be used to enable joint communication and sensing. With an OFDM radar, the downlink, DL, signal carrying actual data, i.e. the OFDM resource elements carrying quadrature amplitude modulation, QAM, symbols, may be used as the excitation signal, and thus there may be no need to reduce DL capacity for sensing.” - ¶ [0051]) or a discrete Fourier transform spread orthogonal frequency division multiplexing (DFT-s-OFDM) waveform.
Regarding claim 15 (Currently Amended), Braun et al. discloses:
The wireless communication and sensing node of claim 9, wherein the sensing function uses at least one of a frequency modulated continuous wave (FMCW) signal (Braun et al. “Short range radar systems may apply frequency modulated continuous wave, FMCW, signals…” - ¶ [0050]), an OFDM signal, a pulse signal (Braun et al. “Chirp signals may be embedded into the air interface of the communication system for example by time division multiplex, TDM.” - ¶ [0050]), a low-correlation sequence signal, or a continuous wave (CW) signal.
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.
Claim(s) 2 and 10 remain rejected under 35 U.S.C. 103 as being unpatentable over Braun et al. (EP 3,958,013 A2, cited by applicant in IDS dated 3 MAR 2025, previously relied upon by the examiner) in view of Mattheijssen et al. (US 2021/0359739 A1, cited by applicant in IDS dated 3 MAR 2025, previously relied upon by the examiner).
Regarding claim 2 (Original), Braun et al. discloses:
[Note: what is not explicitly taught by Braun et al. has been struck-through]
The wireless communication and sensing method of claim 1, wherein a communication signal of the ISAC signal is sent and received by the one or more communication antennas (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals, as well as reception 1011 of data, all with full array gain.” - ¶ [0077]) and a sensing signal of the ISAC signal is received by the one or more communication antennas (Braun et al. “The second antenna array may further be applied, for example, in the uplink time interval, for receiving data and/or control information from the UEs to enhance data rate and/or reliability.” - ¶ [0077]) and transmitted by the one or more sensing-dedicated antennas.
Mattheijssen et al. discloses:
a sensing signal of the ISAC signal is transmitted by the one or more sensing-dedicated antennas (Mattheijssen et al. combined radar comes mode of configurable antenna system 430 comprises radar transmitting antenna 420c, Fig. 14G).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Mattheijssen et al. into the invention of Braun et al. to yield the invention of claim 2 above. Both Braun et al. and Mattheijssen et al. are considered analogous arts to the claimed invention as they both disclose integrated communication and sensing methods for wireless communication and sensing. Braun et al. discloses a first antenna array that transmits data and radar signals, and a second antenna array for receiving the data or radar signals (Braun et al. ¶ [0077]). However, Braun et al. fails to explicitly disclose a sensing signal of the ISAC signal is transmitted by the one or more sensing-dedicated antennas. This feature is disclosed by Mattheijssen et al. where the reconfigurable antenna system comprises a mode with a sensing-dedicated antenna for transmitting a sensing signal (Mattheijssen et al. radar transmitting antenna 420c, Fig. 14G). The combination of Braun et al. and Mattheijssen et al. would be obvious with a reasonable expectation of success to implement a reconfigurable antenna system in order to “optimize the highest data throughput at the lowest usage of electrical power” (Mattheijssen et al. ¶ [0071]).
Regarding claim 10 (Original), Braun et al. discloses:
[Note: what is not explicitly taught by Braun et al. has been struck-through]
The wireless communication and sensing node of claim 9, wherein the one or more communication antennas are configured to send and receive a communication signal of the ISAC signal (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals, as well as reception 1011 of data, all with full array gain.” - ¶ [0077]), and the one or more sensing-dedicated antennas are configured to receive a sensing signal of the ISAC signal (Braun et al. “A second antenna array may be used for receiving 102 the reflected radar signals with full array gain for the radar processing.” - ¶ [0077]); and
wherein the one or more communication antennas are configured to send and receive a communication signal of the ISAC signal (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals, as well as reception 1011 of data, all with full array gain.” - ¶ [0077])
Mattheijssen et al. discloses:
the one or more sensing-dedicated antennas are configured to transmit a sensing signal of the ISAC signal (Mattheijssen et al. combined radar comes mode of configurable antenna system 430 comprises radar transmitting antenna 420c, Fig. 14G)
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Mattheijssen et al. into the invention of Braun et al. to yield the invention of claim 10 above. Both Braun et al. and Mattheijssen et al. are considered analogous arts to the claimed invention as they both disclose integrated communication and sensing methods for wireless communication and sensing. Braun et al. discloses a first antenna array that transmits data and radar signals, and a second antenna array for receiving the data or radar signals (Braun et al. ¶ [0077]). However, Braun et al. fails to explicitly disclose a sensing signal of the ISAC signal is transmitted by the one or more sensing-dedicated antennas. This feature is disclosed by Mattheijssen et al. where the reconfigurable antenna system comprises a mode with a sensing-dedicated antenna for transmitting a sensing signal (Mattheijssen et al. radar transmitting antenna 420c, Fig. 14G). The combination of Braun et al. and Mattheijssen et al. would be obvious with a reasonable expectation of success to implement a reconfigurable antenna system in order to “optimize the highest data throughput at the lowest usage of electrical power” (Mattheijssen et al. ¶ [0071]).
Claim(s) 16-19 remain rejected under 35 U.S.C. 103 as being unpatentable over Braun et al. (EP 3,958,013 A2, cited by applicant in IDS dated 3 MAR 2025, previously relied upon by the examiner) in view of Jeon et al. (US 2022/0256519 A1, previously relied upon by the examiner).
Regarding claim 16 (Currently Amended), Braun et al. discloses:
[Note: what is not explicitly taught by Braun et al. has been struck-through]
A wireless communication and sensing method, comprising:
transmitting a sensing signal of an integrated sensing and communication (ISAC) signal via a first group of antenna[s] (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals…” - ¶ [0077]), and
receiving an echo signal associated with the sensing signal of the ISAC signal via a second group of antenna[s] (Braun et al. “A second antenna array may be used for receiving 102 the reflected radar signals with full array gain for the radar processing.” - ¶ [0077]), wherein the first group of antenna ports are different from the second group of antenna[s] (Braun et al. the second array of antennas is different from the first array of antennas, Fig. 10), wherein the first group of antenna[s] [s][s] (Braun et al. “A second antenna array may be used for receiving 102 the reflected radar signals with full array gain for the radar processing.” - ¶ [0077]; examiner notes that the functionality of receiving data and/or control information is an optional addition to the second antenna array configured to receive and process radar signals).
Jeon et al. discloses:
transmitting a sensing signal of an integrated sensing and communication (ISAC) signal via a first group of antenna ports (Jeon et al. “a first set of symbols/slots/subframes/frames in the time pattern are configured for radar sensing…” - ¶ [0412]; “a set of resources/symbols/slots/subframes for radar can be further split between radar transmission (radar Tx) and radar reception (radar Rx)” - ¶ [0413]; “An antenna port is defined such that the channel over which a symbol on the antenna port is conveyed can be inferred from the channel over which another symbol on the same antenna port is conveyed.” - ¶ [0226]; where the subset for radar transmission is the first group of antenna ports), and
receiving an echo signal associated with the sensing signal of the ISAC signal via a second group of antenna ports, wherein the first group of antenna ports are different from the second group of antenna ports (Jeon et al. “a set of resources/symbols/slots/subframes for radar can be further split between radar transmission (radar Tx) and radar reception (radar Rx)… In one example, time-domain resources are configured only for radar Tx but not for radar Rx (or only for radar Rx, but not for radar Tx).” - ¶ [0413]; “An antenna port is defined such that the channel over which a symbol on the antenna port is conveyed can be inferred from the channel over which another symbol on the same antenna port is conveyed.” - ¶ [0226]; where the subset for radar reception is the second group of antenna ports).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Jeon et al. into the invention of Braun et al. to yield the invention of claim 16 above. Both Braun et al. and Jeon et al. are considered analogous arts to the claimed invention as they both disclose integrated communication and sensing methods for wireless communication and sensing. Braun et al. discloses the limitations of claim 16 outlined above, where the integrated communication and sensing method uses groups of antennas. However, Braun et al. fails to explicitly disclose using groups of antenna ports. This feature is disclosed by Jeon et al. where a first set of resources is configured for radar sensing, and the first set of resources can be further split into subsets for radar transmission and radar reception (Jeon et al. ¶ [0412]-[0413]. The combination of Braun et al. and Jeon et al. would be obvious with a reasonable expectation of success to “reduce/eliminate intra-UE interference, and accommodate high quality (such as high-SINR) reception of channels and signals for both DL/UL/SL communications and radar sensing, which increases the performance of both operations” (Jeon et al. ¶ [0210]).
Regarding claim 17 (Original), Braun et al. as modified above discloses:
[Note: what is not explicitly taught by Braun et al. has been struck-through]
The wireless communication and sensing method of claim 16, wherein the first group of antenna[s] (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals…” - ¶ [0077]) and the second group of antenna[s] (Braun et al. the second array of antennas is different from the first array of antennas, Fig. 10).
Jeon et al. discloses:
wherein the first group of antenna ports (Jeon et al. the subset for radar transmission - ¶ [0412]-[0413]) and the second group of antenna ports (Jeon et al. the subset for radar reception - ¶ [0412]-[0413]) are dedicated for the sensing signal (Jeon et al. “a first set of symbols/slots/subframes/frames in the time pattern are configured for radar sensing…” - ¶ [0412]).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Jeon et al. into the invention of Braun et al. as modified above to yield the invention of claim 17. Both Braun et al. and Jeon et al. are considered analogous arts to the claimed invention as they both disclose integrated communication and sensing methods for wireless communication and sensing. Braun et al. as modified above discloses the limitations of claim 16, where the integrated communication and sensing method uses groups of antennas. However, Braun et al. fails to explicitly disclose using groups of antenna ports. This feature is disclosed by Jeon et al. where a first set of resources is configured for radar sensing, and the first set of resources can be further split into subsets for radar transmission and radar reception (Jeon et al. ¶ [0412]-[0413]. The combination of Braun et al. and Jeon et al. would be obvious with a reasonable expectation of success to “reduce/eliminate intra-UE interference, and accommodate high quality (such as high-SINR) reception of channels and signals for both DL/UL/SL communications and radar sensing, which increases the performance of both operations” (Jeon et al. ¶ [0210]).
Regarding claim 18 (Original), Braun et al. as modified above discloses:
[Note: what is not explicitly taught by Braun et al. has been struck-through]
The wireless communication and sensing method of claim 16, wherein one of the first group of antenna[s] (Braun et al. “As illustrated in Fig. 10, a first antenna array may be used for transmission 1010 of data and the radar excitation signals…” - ¶ [0077]) associated with the ISAC signal and another one of the first group of antenna[s] (Braun et al. “A second antenna array may be used for receiving 102 the reflected radar signals with full array gain for the radar processing.” - ¶ [0077]).
Jeon et al. discloses:
wherein one of the first group of antenna ports and the second group of antenna ports is configured to perform communications associated with the ISAC signal (Jeon et al. “a second set of symbols/slots/subframes/frames in the time pattern are configured for communication, wherein the first set and the second set do not overlap.” - ¶ [0412]) and another one of the first group of antenna ports and the second group of antenna ports is dedicated for the sensing signal (Jeon et al. “a first set of symbols/slots/subframes/frames in the time pattern are configured for radar sensing… wherein the first set and the second set do not overlap” - ¶ [0412]).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Jeon et al. into the invention of Braun et al. as modified above to yield the invention of claim 18. Both Braun et al. and Jeon et al. are considered analogous arts to the claimed invention as they both disclose integrated communication and sensing methods for wireless communication and sensing. Braun et al. as modified above discloses the limitations of claim 16, where the integrated communication and sensing method uses groups of antennas. However, Braun et al. fails to explicitly disclose using groups of antenna ports. This feature is disclosed by Jeon et al. where a first set of resources is configured for radar sensing, and the first set of resources can be further split into subsets for radar transmission and radar reception (Jeon et al. ¶ [0412]-[0413]. The combination of Braun et al. and Jeon et al. would be obvious with a reasonable expectation of success to “reduce/eliminate intra-UE interference, and accommodate high quality (such as high-SINR) reception of channels and signals for both DL/UL/SL communications and radar sensing, which increases the performance of both operations” (Jeon et al. ¶ [0210]).
Regarding claim 19 (Original), Braun et al. as modified above discloses:
[Note: what is not explicitly taught by Braun et al. has been struck-through]
The wireless communication and sensing method of claim 16, wherein the first group of antenna[s] (Braun et al. “Radar detection and ranging, i.e. radar, may be used for example in LTE, NR, beyond 5G, or 6G wireless communication systems. As an example, a mobile radio base station may be used for exchanging data with mobile users, as well as for pedestrian and/or vehicular traffic monitoring when deployed along roads, for example within cities or at highway bridges.” - ¶ [0046]).
Jeon et al. discloses:
wherein the first group of antenna ports and the second group of antenna ports are corresponding to a wireless communication and sensing node (Jeon et al. “This disclosure pertains joint communication and radar sensing, wherein a UE is able to perform downlink/uplink/sidelink communication and also perform radar sensing by “sensing”/detecting environment objects and their physical characteristics such as location/range, velocity/speed, elevation, angle, and so on.” - ¶ [0206]).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Jeon et al. into the invention of Braun et al. as modified above to yield the invention of claim 19. Both Braun et al. and Jeon et al. are considered analogous arts to the claimed invention as they both disclose integrated communication and sensing methods for wireless communication and sensing. Braun et al. as modified above discloses the limitations of claim 16, where the integrated communication and sensing method uses groups of antennas. However, Braun et al. fails to explicitly disclose using groups of antenna ports. This feature is disclosed by Jeon et al. where a first set of resources is configured for radar sensing, and the first set of resources can be further split into subsets for radar transmission and radar reception (Jeon et al. ¶ [0412]-[0413]. The combination of Braun et al. and Jeon et al. would be obvious with a reasonable expectation of success to “reduce/eliminate intra-UE interference, and accommodate high quality (such as high-SINR) reception of channels and signals for both DL/UL/SL communications and radar sensing, which increases the performance of both operations” (Jeon et al. ¶ [0210]).
Claim(s) 20 remain rejected under 35 U.S.C. 103 as being unpatentable over Braun et al. (EP 3,958,013 A2, cited by applicant in IDS dated 3 MAR 2025, previously relied upon by the examiner) in view of Jeon et al. (US 2022/0256519 A1, previously relied upon by the examiner) as applied to claim 16 above, and further in view of Duan et al. (US 2023/0309132 A1, previously relied upon by the examiner).
Regarding claim 20 (Original), Braun et al. as modified above discloses:
[Note: what is not explicitly taught by Braun et al. has been struck-through]
The wireless communication and sensing method of claim 16
Jeon et al. discloses:
the first group of the antenna ports and the second group of antenna ports (Jeon et al. “a first set of symbols/slots/subframes/frames in the time pattern are configured for radar sensing, and a second set of symbols/slots/subframes/frames in the time pattern are configured for communication” - ¶ [0412]) are corresponding to a wireless communication and sensing node (Jeon et al. “This disclosure pertains joint communication and radar sensing, wherein a UE is able to perform downlink/uplink/sidelink communication and also perform radar sensing by “sensing”/detecting environment objects and their physical characteristics such as location/range, velocity/speed, elevation, angle, and so on.” - ¶ [0206]).
Duan et al. discloses:
a first wireless communication and sensing node and a second wireless communication and sensing node different from the first wireless communication and sensing node (Duan et al. “The bistatic radar system of FIG. 6 includes a transmitter 600 (e.g., a transmit sensing node), which in this figure is depicted to be in the form of a base station, and a receiver 604 (e.g., a receive sensing node) that are separated by a distance comparable to the expected target distance.” - ¶ [0105]).
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Jeon et al. and Duan et al. into the invention of Braun et al. as modified above to yield the invention of claim 20 above. Braun et al., Jeon et al. and Duan et al. are considered analogous arts to the claimed invention as they disclose integrated communication and sensing methods for wireless communication and sensing. Braun et al. as modified above discloses the invention of claim 16. However, Braun et al. fails to explicitly disclose wherein one of the first group of the antenna ports and the second group of antenna ports is corresponding to a first wireless communication and sensing node and another one of the first group of the antenna ports and the second group of antenna ports is corresponding to a second wireless communication and sensing node different from the first wireless communication and sensing node. This feature is disclosed by Jeon et al. where a first set of resources is configured for radar sensing, and the first set of resources can be further split into subsets for radar transmission and radar reception (Jeon et al. ¶ [0412]-[0413] and Duan et al. where a bistatic radar system comprises a first node and a second node (Duan et al. transmitter 600 and receiver 604, Fig. 6; ¶ [0105]). The combination of Braun et al., Jeon et al. and Duan et al. would be obvious with a reasonable expectation of success to “reduce/eliminate intra-UE interference, and accommodate high quality (such as high-SINR) reception of channels and signals for both DL/UL/SL communications and radar sensing, which increases the performance of both operations” (Jeon et al. ¶ [0210]) and to “perform bistatic sensing when one receiver of a first device is employed that is located remote from a transmitter of a second device” (Duan et al. ¶ [0032]) and “enhance the overall spectral efficiency of the wireless communication networks.” (Duan et al. ¶ [0003]).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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NAOMI M. WOLFORD
Examiner
Art Unit 3648
/N.M.W./ Examiner, Art Unit 3648
21 SEP 2026
/RESHA DESAI/ Supervisory Patent Examiner, Art Unit 3648
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