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 .
Priority
Examiner acknowledges Applicant’s claim to priority benefits of CN202210741508.1 filed 6/27/2022.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 2/6/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Response to Arguments
Applicant's arguments filed 3/20/2026, in pages 13-15 regarding 101 rejections have been fully considered but they are not persuasive. The claimed invention is pure simulation of integrated sensing and communication channel modeling. Since all that is happening is determining a communication channel impulse response (mathematical process) without actually applying the outcome to change network operations in any way. Therefore, 101 rejection is maintained.
Amendment to claim 1 overcomes corresponding claim objection.
Amendment to claims 1-7 overcomes corresponding 112(b) rejections.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1
Claim 1. A novel integrated sensing and communication channel modeling method combining forward scattering and backward scattering, wherein the method comprises following steps:
Step S1, determining an application scenario, antenna configurations of a base station terminal and a communication terminal of the application scenario, wherein the antenna configurations include a number of antenna array units, array forms, and sub-array arrangements;
Step S2, sensing, by using a mono-static sensing type, the communication terminal and environmental scatterers in view of the application scenario determined in Step S1;
Step S3, extracting, according to a sensing channel impulse response sensed and obtained in Step S2, positions and motion parameters for the communication terminal and the environmental scatterers, wherein the positions and the motion parameters include: a delay, an azimuth angle, an elevation angle, and a radial velocity of the communication terminal and the scatterers relative to the base station;
Step S4, performing a geometric random modeling on forward scattering paths at a non-line-of-sight in a communication channel, including: generating, according to the application scenario determined in Step S1, a scatterer distribution between the base station and the communication terminal, wherein the scatterer distribution includes a number of forward scattering clusters and a number of sub-paths within clusters; the departure angle, the arrival angle, the delay, and a path power of each of the sub-paths within each of the clusters;
Step S5, geometrically-modeling, by using partial channel parameters sensed and obtained to sense an auxiliary communication, a backward scattering path component at the non-line-of-sight and a line-of-sight component in the communication channel, wherein for the backward scattering path component, parameters for a link between the base station and a first bounce cluster are determined according to the partial channel parameters sensed and obtained, and remaining parameters are randomly generated according to scenarios;
the partial channel parameters include a distance, an angle, and motion speed parameters for the first bounce cluster relative to the base station; and
the remaining parameters include a distance, an angle, and motion speed parameters for a last bounce cluster relative to the communication terminal, as well as parameters for a virtual link between the first bounce cluster and the last bounce cluster; and
Step S6, determining, according to the application scenario determined in Step S1, an existence probability of line-of-sight paths, determining, according to a number of the clusters and a number of the sub-paths within the clusters, corresponding probabilities of a forward scattering component and a backward scattering component, and weighted-summing, according to the probabilities, a line-of-sight, the forward scattering paths and the backward scattering paths, to obtain a complete communication channel impulse response.
101 Analysis - Step 1: Statutory category – Yes
The claim recites a method including at least one step. The claim falls within one of the four statutory categories. See MPEP 2106.03.
101 Analysis - Step 2A Prong one evaluation: Judicial Exception – Yes – Mental processes
In Step 2A, Prong one of the 2019 Patent Eligibility Guidance (PEG), a claim is to be analyzed to determine whether it recites subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) mental processes, and/or c) certain methods of organizing human activity.
The Office submits that the foregoing bolded limitation(s) constitutes judicial exceptions in terms of “mental processes” because under its broadest reasonable interpretation, the limitations can be “performed in the human mind, or by a human using a pen and paper”. See MPEP 2106.04(a)(2)(III).
The claim recites the limitation of Step S1, determining an application scenario, antenna configurations of a base station terminal and a communication terminal of the application scenario, wherein the antenna configurations include a number of antenna array units, array forms, and sub-array arrangements; Step S3, extracting, according to a sensing channel impulse response sensed and obtained in Step S2, positions and motion parameters for the communication terminal and the environmental scatterers, wherein the positions and the motion parameters include: a delay, an azimuth angle, an elevation angle, and a radial velocity of the communication terminal and the scatterers relative to the base station; Step S4, performing a geometric random modeling on forward scattering paths at a non-line-of-sight in a communication channel, including: generating, according to the application scenario determined in Step S1, a scatterer distribution between the base station and the communication terminal, wherein the scatterer distribution includes a number of forward scattering clusters and a number of sub-paths within clusters; the departure angle, the arrival angle, the delay, and a path power of each of the sub-paths within each of the clusters; Step S5, geometrically-modeling, by using partial channel parameters sensed and obtained to sense an auxiliary communication, a backward scattering path component at the non-line-of-sight and a line-of-sight component in the communication channel, wherein for the backward scattering path component, parameters for a link between the base station and a first bounce cluster are determined according to the partial channel parameters sensed and obtained, and remaining parameters are randomly generated according to scenarios; the partial channel parameters include a distance, an angle, and motion speed parameters for the first bounce cluster relative to the base station; and the remaining parameters include a distance, an angle, and motion speed parameters for a last bounce cluster relative to the communication terminal, as well as parameters for a virtual link between the first bounce cluster and the last bounce cluster; and Step S6, determining, according to the application scenario determined in Step S1, an existence probability of line-of-sight paths, determining, according to a number of the clusters and a number of the sub-paths within the clusters, corresponding probabilities of a forward scattering component and a backward scattering component, and weighted-summing, according to the probabilities, a line-of-sight, the forward scattering paths and the backward scattering paths, to obtain a complete communication channel impulse response.
These limitations, as drafted, are a simple process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claim elements precludes the step from practically being performed in the mind. For example, the claim encompasses a person looking at information and making a simple judgement of modeling and mentally estimating, or using a pen and paper, to determine impulse response.
Thus, the claim recites a mental process.
101 Analysis - Step 2A Prong two evaluation: Practical Application - No
In Step 2A, Prong two of the 2019 PEG, a claim is to be evaluated whether, as a whole, it integrates the recited judicial exception into a practical application. As noted in MPEP 2106.04(d), it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. The courts have indicated that additional elements such as: merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The Office submits that the foregoing underlined limitation(s) recite additional elements that do not integrate the recited judicial exception into a practical application.
The claim recites additional elements or steps of Step S2, sensing, by using a mono-static sensing type, the communication terminal and environmental scatterers.
The sensing, by using a mono-static sensing type are recited at a high level of generality (i.e., as a general means of collecting information), and amount to mere data gathering, which is a form of insignificant extra-solution activity. The “sensing, the communication terminal and environmental scatterers” merely describes how to generally “apply” the otherwise mental judgements using generic or general-purpose communication components and generic computer components.
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
101 Analysis - Step 2B evaluation: Inventive concept - No
In Step 2B of the 2019 PEG, a claim is to be evaluated as to whether the claim, as a whole, amounts to significantly more than the recited exception, i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the sensing step were considered to be insignificant extra-solution activity in Step 2A, and thus they are re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The background recites that the sensor is all mono-static conventional sensors mounted on base station, and the specification does not provide any indication that the sensor is anything other than transmitting and receiving as a conventional sensor. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here).
Thus, the claim is ineligible.
Dependent Claims
Dependent claims 2-7 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of the dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 2-7 are not patent eligible under the same rationale as provided for in the rejection of the independent claims.
Therefore, claims 1-7 are ineligible under 35 USC §101.
Allowable Subject Matter
Claims 1-7 are allowed if 101 rejection is overcome.
Allowable subject matter:
“Step S5, geometrically-modeling, by using partial channel parameters sensed and obtained to sense an auxiliary communication, a backward scattering path component at the non-line-of- sight and a line-of-sight component in the communication channel, wherein for the backward scattering path component, parameters for a link between the base station and a first bounce cluster are determined according to the partial channel parameters sensed and obtained, and remaining parameters are randomly generated according to scenarios; the partial channel parameters include a distance, an angle, and motion speed parameters for the first bounce cluster relative to the base station; and the remaining parameters include a distance, an angle, and motion speed parameters for a last bounce cluster relative to the communication terminal, as well as parameters for a virtual link between the first bounce cluster and the last bounce cluster; and Step S6, determining, according to the application scenario determined in Step S1, an existence probability of line-of-sight paths, determining, according to a number of the clusters and a number of the sub-paths within the clusters, corresponding probabilities of a forward scattering component and a backward scattering component, and weighted-summing, according to the probabilities, a line-of-sight, the forward scattering paths and the backward scattering paths, to obtain a complete communication channel impulse response.”
Closet Prior Art found to be:
Li et al. (US 2022/0163579 A1) describes “a novel integrated sensing and communication channel modeling method (paragraph 6: a method, apparatus and device of reconstructing non-Kronecker structured channels, to improve the accuracy of channel reconstruction) combining forward scattering and backward scattering (paragraph 8: determining a weight matrix, the weight matrix is for emulating link characteristics of a reconstructed channel, the weight matrix includes a weight corresponding to each ray mapped to a probe antenna)”, “the antenna configurations include a number of antenna array units, array forms, and sub-array arrangements (paragraph 8: determining a weight matrix, the weight matrix is for emulating link characteristics of a reconstructed channel, the weight matrix includes a weight corresponding to each ray mapped to a probe antenna; in each cluster, rays mapped to each probe antenna have different weights with each other)”, “Step S3, extracting, according to a sensing channel impulse response sensed and obtained in Step S2, positions and motion parameters for the communication terminal and the environmental scatterers, wherein the positions and the motion parameters include: a delay, an azimuth angle, an elevation angle, and a radial velocity of the communication terminal and the scatterers relative to the base station (paragraph 9: calculating, for each cluster, a time-varying fading channel impulse response of each ray of a cluster mapped to a probe antenna based on the weight matrix; the time-varying fading channel impulse response includes a transition equation for each probe antenna describing mapping of rays of the cluster to the probe antenna)”; “Step S4, performing a geometric random modeling on forward scattering paths at a non-line- of-sight in a communication channel, including: generating, according to the application scenario determined in Step S1, a scatterer distribution between the base station and the communication terminal, wherein the scatterer distribution includes a number of forward scattering clusters and a number of sub-paths within clusters (paragraph 11: using a product of the time-varying fading channel impulse response of the cluster multiplied by the transition matrix as a channel impulse response of the cluster); the departure angle, the arrival angle, the delay, and a path power of each of the sub-paths within each of the clusters (paragraph 13: acquiring a joint space-time correlation of a target channel; paragraph 14: determining a joint space-time correlation of the reconstructed channel; paragraph 15: constructing a target optimization equation using the joint space-time correlation of the target channel and the joint space-time correlation of the reconstructed channel; paragraph 16: obtaining the weight matrix by solving the target optimization equation using a convex optimization method).”
Chen et al. (CN 112235044 B) [English Translation] describes “a novel integrated sensing and communication channel modeling method (page 2: provide a channel modeling method of underwater laser communication system, solving the problem that the existing channel modeling based on DGF and WDGF function)”, “Step S5, geometrically-modeling, by using partial channel parameters sensed and obtained to sense an auxiliary communication, a backward scattering path component at the non-line-of- sight and a line-of-sight component in the communication channel, wherein for the backward scattering path component, parameters for a link between the base station and a first bounce cluster are determined according to the partial channel parameters sensed and obtained, and remaining parameters are randomly generated according to scenarios (page 2: step 1, establishing a non-visual distance underwater single particle geometric scattering model; step 2, based on the two HG function of the simulation front and back double peak scattering, obtaining the non-vision distance channel pulse response theoretical value expression)”, “Step S6, determining, according to the application scenario determined in Step S1, an existence probability of line-of-sight paths, determining, according to a number of the clusters and a number of the sub-paths within the clusters, corresponding probabilities of a forward scattering component and a backward scattering component, and weighted-summing, according to the probabilities, a line-of-sight, the forward scattering paths and the backward scattering paths, to obtain a complete communication channel impulse response (page 2: Step 1 is specifically as follows: setting the system noise as additive Gaussian distribution; establishing an underwater channel equivalent mathematical model based on the non-vision underwater laser communication system of the laser light source: wherein, x (t) is the sending end signal; n (t) is additive Gaussian white noise, independent of the sending light signal, y (t) is the receiving end receiving signal, h (t) is the channel pulse response).”
Svendsen et al. (US 12,057,918 B2) partly discloses “Step Si, determining an application scenario (column 28 li8nes lines 17-18: Figure 10: Operation 1010 includes receiving, by a user equipment from a serving base station, a location update request), antenna configurations of a base station terminal and a communication terminal of the application scenario (column 28 lines 19-22: Figure 10: Operation 1020 includes selecting, by the user equipment, a plurality of base station transmit beams including a beam for the serving base station and a beam for each of one or more non-serving base stations), wherein; Step S2, sensing, by using a mono-static sensing type, the communication terminal and environmental scatterers in view of the application scenario determined in Step Si (column 28: lines 22-24: Operation 1030 includes determining, by the user equipment, a beam direction of each beam of the plurality of base station transmit beams); Step S3, extracting, according to a sensing channel impulse response sensed and obtained in Step S2, positions and motion parameters for the communication terminal and the environmental scatterers, wherein the positions and the motion parameters include: a delay, an azimuth angle, an elevation angle, and a radial velocity of the communication terminal and the scatterers relative to the base station (column 28: lines 25-32: Operation 1040 includes determining angle information including an angle between beam directions of one or more pairs of beams of the plurality of base station transmit beams. And, operation 1050 includes sending, by the user equipment to the serving base station in response to the location update request, the angle information, and a beam identifier or time stamp identifying the selected beam for each of the one or more non-serving base stations); Step S4, performing a geometric random modeling on forward scattering paths at a non-line- of-sight in a communication channel, including: generating, according to the application scenario determined in Step S1, a scatterer distribution between the base station and the communication terminal, wherein the scatterer distribution includes a number of forward scattering clusters and a number of sub-paths within clusters; the departure angle, the arrival angle, the delay, and a path power of each of the sub-paths within each of the clusters (column 29: lines 36-51: FIG. 11 is a flow chart illustrating operation of according to another example embodiment. Operation 1110 includes receiving user equipment-calculated angle information including a user equipment-calculated angle between beam directions of one or more pairs of a plurality of user equipment-selected base station transmit beams, wherein the plurality of user equipment-selected base station transmit beams comprise a beam for a serving base station of the user equipment and a beam for each of one or more non-serving base stations. Operation 1120 includes determining base station-based angle information including a base station-based angle between beam directions of one or more pairs of a plurality of the user equipment-selected base station transmit beams. And, operation 1130 includes comparing the user equipment-calculated angle information with the base station-based angle information).”
Sumi et al. (US 2016/0157828 A1) describes “a novel integrated sensing and communication channel modeling method combining forward scattering and backward scattering (paragraph 9: electromagnetic waves…used for various sensing and communications properly with respect to measurement objects, media and bandwidths; paragraph 14: the functional observation is also possible, and for instance, a raw coherent signal is processed in the Doppler measurement using those waves; paragraph 20: the synthetic aperture performed in those sensing instruments is an active beamforming, and the wave to be targeted for processing is a transmission wave, a reflection wave, a refracted wave or a scattered wave (forward or backward scattered wave etc.) with respect to those waves generated by a transducer. On the other hand, for instance, in a passive beamforming, a transmission wave, a reflection wave, a refracted wave or a scattered wave (forward or backward scattered wave etc.) become targets under the assumption that all the waves are generated from a wave emitted from the signal source which is by oneself a divergence targeted for a measurement).”
Smith (US 9,453,905 B2) describes a transmission source to be geolocated in a true NLoS environment where the signal reaching the observer from the transmission source does so as a result of multipath reflections from scatterers, where information about the location of the various scatterers responsible for reflecting the signal is not known a priori, and knowledge of how the source is spatially related to the scatterers is also not available a priori, only the physical layer detection of the signal is used, without requiring the ability to read information from the signal. Some embodiments work in LoS situations successfully managed by existing technology, and also extend to NLoS cases…the described techniques may provide solutions for NLoS geolocation by stationary observers (e.g., static listening posts used by the intelligence services or military or law enforcement stations), without a requirement for deployed infrastructures such as distributed sensor nets…the techniques also work in LoS and improve geolocation generally, including in both mobile and static cases, and do not necessarily require the observer to change to different methodologies or techniques when faced with difficult NLoS in severe multipath environments (column 5 lines 10-30).
The closest prior art, Li et al. (US 2022/0163579 A1), Chen et al. (CN 112235044 B) [English Translation], Svendsen et al. (US 12,057,918 B2), Sumi et al. (US 2016/0157828 A1) and Smith (US 9,453,905 B2) disclose conventional systems and methods, either singularly or in combination, fail to anticipate or render the above claimed features obvious, and therefore the claims are allowable over the prior art.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NUZHAT PERVIN whose telephone number is (571)272-9795. The examiner can normally be reached M-F 9:00AM-5:00PM.
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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.
/NUZHAT PERVIN/Primary Examiner, Art Unit 3648