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 .
Election/Restrictions
Claims 1-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group 1, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/18/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9, 17, 25-27, 29, and 32-24 are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos (WO/2021/194801 with publication date of 9/30/2021 and different inventive entity; the examiner is using US Patent Publication 2023/0108914 A1 as a copy of the PCT document and the quoted paragraphs are from the US Patent Publication 2023/0108914 A1) in view of NPL (VIVO, "Uu Based Sensing", S2-2108692, 3rd Generation Partnership Project (3GPP), Mobile Competence Centre, 650, Route Des Lucioles, F-06921 Sophia-Antipolis Cedex, France, No. 20211115, 8 November 2021).
(1) Regarding claim 9, 17, and 29:
Manolakos discloses a network entity (transmission/reception point (TRP) 300 as shown in figure 3) comprising:
a memory (memory 311 in figure 3);
a transceiver (transceiver 315 as shown in figure 3); and
a processor (processor 310 in figure 3), communicatively coupled to the memory and the transceiver (as shown in figure 3), configured to:
schedule, for a sensing apparatus (UE 112-114 as shown in figure 1), a positioning reference signal configuration of a positioning reference signal (A TRP may be configured, e.g., by instructions received from a server and/or by software in the TRP, to send DL PRS per a schedule. According to the schedule, the TRP may send the DL PRS intermittently, e.g., periodically at a consistent interval from an initial transmission, para. 0065); and
indicate, to the sensing apparatus, that the positioning reference signal is for measurement (A DL PRS configuration including a DL PRS transmission schedule may be provided to a UE to facilitate (or even enable) the UE to measure the DL PRS, para. 0067).
Manolakos fails to disclose the positioning reference signal is for radio frequency sensing.
However, in the same field of endeavor, NPL discloses in page 12, a figure with step 5 (Alt 1), sensing message exchange between SF and RAN comprising NG-RAN sending a SRS config to UE and the UE return a STS to the NG-RAN, wherein the NG-RAN using the SRS for sensing measurement in RAN based on UL SRS. Since the SRS config send to the UE is for the UE to feedback SRS for sensing measurement; therefore, it is obvious that there is an indication to the UE that the SRS is for radio frequency sensing.
It is desirable to having the positioning reference signal is for radio frequency sensing because it enable additional utilization of the positioning reference signal. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of NPL in the apparatus and method of Manolakos for the benefit of additional utilization of the positioning reference signal.
(2) Regarding claim 25:
Manolakos discloses a radio frequency sensing method comprising:
scheduling, by a network entity, a radio frequency reference signal (A TRP may be configured, e.g., by instructions received from a server and/or by software in the TRP, to send DL PRS per a schedule. According to the schedule, the TRP may send the DL PRS intermittently, e.g., periodically at a consistent interval from an initial transmission, para. 0065; The term RS, and variations thereof (e.g., PRS, SRS), may refer to one reference signal or more than one reference signal, para. 0063).
Manolakos fails to disclose transmitting, from the network entity to a sensing apparatus, reference signal measurement assistance data; transmitting, from the network entity to the sensing apparatus, the radio frequency sensing reference signal; and receiving, at the network entity from the sensing apparatus, a measurement report corresponding to measurement of the radio frequency sensing reference signal.
However, NPL discloses transmitting, from the network entity to a sensing apparatus, reference signal measurement assistance data (page 12 discloses a figure comprises a step 5 with Alt. 4, forwarding a RRM configuration from NG-RAN to UE);
transmitting, from the network entity to the sensing apparatus, the radio frequency sensing reference signal (page 12 discloses a figure comprises a step 5 with Alt. 4, receiving a DL sensing measurements in UE, therefore, it is obvious the UE receives a SRS from the NG-RAN); and
receiving, at the network entity from the sensing apparatus, a measurement report corresponding to measurement of the radio frequency sensing reference signal (page 12 discloses a figure comprises a step 5 with Alt. 4, the UE forward a sensing measurement report to the NG-RAN).
It is desirable to transmit, from the network entity to a sensing apparatus, reference signal measurement assistance data; transmitting, from the network entity to the sensing apparatus, the radio frequency sensing reference signal; and receiving, at the network entity from the sensing apparatus, a measurement report corresponding to measurement of the radio frequency sensing reference signal because it enable additional utilization of the positioning reference signal. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of NPL in the apparatus and method of Manolakos for the benefit of additional utilization of the positioning reference signal.
(3) Regarding claim 32:
Manolakos discloses a network entity comprising:
a memory (memory 311 in figure 3;
a transceiver (transceiver 315 as shown in figure 3); and
a processor(processor 310 in figure 3), communicatively coupled to the memory and the transceiver (as shown in figure 3), configured to:
schedule a radio frequency sensing reference signal (A TRP may be configured, e.g., by instructions received from a server and/or by software in the TRP, to send DL PRS per a schedule. According to the schedule, the TRP may send the DL PRS intermittently, e.g., periodically at a consistent interval from an initial transmission, para. 0065; The term RS, and variations thereof (e.g., PRS, SRS), may refer to one reference signal or more than one reference signal, para. 0063).
Manolakos fails to disclose transmit, to a sensing apparatus, reference signal measurement assistance data; transmit, to the sensing apparatus, the radio frequency sensing reference signal; and receive, from the sensing apparatus, a measurement report corresponding to measurement of the radio frequency sensing reference signal.
However, NPL discloses:
transmit, to a sensing apparatus, reference signal measurement assistance data (page 12 discloses a figure comprises a step 5 with Alt. 4, forwarding a RRM configuration from NG-RAN to UE);
transmit, to the sensing apparatus, the radio frequency sensing reference signal (page 12 discloses a figure comprises a step 5 with Alt. 4, receiving a DL sensing measurements in UE, therefore, it is obvious the UE receives a SRS from the NG-RAN); and
receive, from the sensing apparatus, a measurement report corresponding to measurement of the radio frequency sensing reference signal (page 12 discloses a figure comprises a step 5 with Alt. 4, the UE forward a sensing measurement report to the NG-RAN).
It is desirable to transmit to a sensing apparatus, reference signal measurement assistance data; transmitting to the sensing apparatus, the radio frequency sensing reference signal; and receive from the sensing apparatus, a measurement report corresponding to measurement of the radio frequency sensing reference signal because it enable additional utilization of the positioning reference signal. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teaching of NPL in the apparatus and method of Manolakos for the benefit of additional utilization of the positioning reference signal.
(4) Regarding claims 26 and 33:
Manolakos and NPL disclose all subject matter of claims 25 and 32, and NPL further discloses:
receive, from a requesting entity, a request for radio frequency sensing (figure on page 12 discloses step 1b, sensing service request is sent from the UE to the AMF, the AMF receives the Sensing Service Request from AF (via NEF optionally), which may include the target area / UE ID, the required QoS); and
transmit, to the requesting entity, a radio frequency sensing response based on the measurement report (figure on page 12 discloses a 10bm sensing service response is sent to the UE).
(5) Regarding claims 27 and 34:
Manolakos and NPL disclose all subject matter of claims 26 and 33, and NPL further the requesting entity comprises a user equipment or a base station (as shown in figure on page 12, the sensing service request is sent from the UE).
Allowable Subject Matter
Claims 10-16, 18-24, 28, 30-31, 35 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ding et al. (US 2024/0365110 A1) discloses wireless sensing method and apparatus, device, and storage medium.
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/SIU M LEE/Primary Examiner, Art Unit 2632 8/2/2026
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