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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 10-11 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2024/0049028 A1).
Regarding claim 1, Wang appears to disclose a communication method, comprising:
sending, by a target terminal, a sensing request to at least one auxiliary terminal (Fig. 1, [0212] disclosing the relay UE can forward the measurement configuration to the remote UE),
wherein the sensing request comprises configuration information of a sensing signal ([0188]-[0190] disclosing the measurement configuration includes measurement objects, time and frequency resources to be measured and measurement reporting configurations; [0190]-[0195]; [0197], [0199] the measurement reporting configurations including reference signal type).
Regarding claim 2, Wang appears to disclose the method according to claim 1, wherein before the sending, by a target terminal, a sensing request to at least one auxiliary terminal, the method further comprises:
receiving, by the target terminal, a sensing instruction sent by a network device ([0212] disclosing the measurement configuration for the remote UE can be received by the relay UE from a network node), wherein the sensing instruction comprises a type of sensing to be executed (Fig. 1 PC5, Uu, [0187] disclosing the measurement configuration can be a unified measurement configuration containing parameters for both Uu links and PC5 links); and
the sending, by a target terminal, a sensing request to at least one auxiliary terminal comprises:
if the type of sensing to be executed is bistatic sensing between terminal devices, sending, by the target terminal, the sensing request to the at least one auxiliary terminal ([0212], Fig. 9, 9.0, [0224]).
Regarding claim 4, Wang appears to disclose the method according to claim 1, wherein the configuration information of the sensing signal comprises at least one of the following:
a type of the sensing signal, start and end times of the sensing signal, and a frequency domain resource position of the sensing signal ([0188], [0199]).
Regarding claims 10-11, the claims are directed towards a terminal device, comprising: a processor, a memory, a receiver, and an interface for communicating with a network device, wherein the memory stores computer execution instructions; and the processor executes the computer execution instructions stored in the memory to enable the terminal device to perform the method of claims 1-2. Wang appears to disclose such implementations (Fig. 11, [0261], [0305]); accordingly, claims 10-11 are rejected on the grounds presented above for claims 1-2.
Regarding claim 16, Wang appears to disclose a terminal device, comprising: a processor, a memory, a receiver, and an interface for communicating with a network device, wherein the memory stores computer execution instructions; and the processor executes the computer execution instructions stored in the memory to enable the terminal device to perform (Fig. 11, [0261], [0278], [0305]):
receiving a sensing request sent by a target terminal (Fig. 1, [0212] disclosing the relay UE can forward the measurement configuration to the remote UE),
wherein the sensing request comprises configuration information of a sensing signal ([0188]-[0190] disclosing the measurement configuration includes measurement objects, time and frequency resources to be measured and measurement reporting configurations; [0190]-[0195]; [0197], [0199] the measurement reporting configurations including reference signal type).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2024/0049028 A1) in view of Zhang et al. (US 2021/0328733 A1) in view of Bayesteh et al. (US 2022/0155435 A1).
Regarding claim 3, Wang appears to disclose the method according to claim 2, wherein the type of sensing comprises: the bistatic sensing between terminal devices and downlink bistatic sensing between a terminal device and an access network device (Fig. 9, [0224]).
Wang does not disclose the following; however, Zhang suggests uplink bistatic sensing between a terminal device and an access network device ([0175] disclosing uplink measurement configurations for sounding reference signals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang to include uplink measurement configurations because this can improve system efficiency ([0006]).
Bayesteh suggests monostatic sensing of a terminal device ([0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Bayesteh because the suggestion lies in Bayesteh that this frees up resources at the base station by allowing it to completely outsource the active and passive sensing to user equipment ([0083]).
Claim(s) 5-9, 12-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2024/0049028 A1) in view of Hwang (US 2023/0379982 A1).
Regarding claim 5, Wang does not expressly disclose the following, however, Hwang suggests the method according to claim 1, wherein after the sending, by a target terminal, a sensing request to at least one auxiliary terminal, the method further comprises:
receiving, by the target terminal, a sensing request response separately sent by the at least one auxiliary terminal, wherein the sensing request response is used to feed back whether the at least one auxiliary terminal supports sensing to be executed (Fig. 12, S1220, S1221, [0265]-[0267], [0272] disclosing the transmitting UE receives a SL RRC reconfiguration complete message from the receiving UE responsive to sending the SL RRC reconfiguration message conveying the measurement configuration to the receiving UE; [0274] the measurements are performed subsequently).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allows measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Regarding claim 6, Wang does not expressly disclose the following; however, Hwang suggests the method according to claim 5, wherein the sensing request response comprises configuration information of a sensing signal correspondingly supported by the at least one auxiliary terminal (Fig. 12, S1220, S1221, [0265]-[0267], [0272], [0274]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allow measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Regarding claim 7, Wang appears to disclose the method according to claim 5, the method further comprises:
sending, by the target terminal, the sensing signal on a time-frequency resource indicated by the sensing request (Fig. 9, 9.1b [0224]).
Wang does not expressly disclose the following; however, Hwang suggests said sending is on a time frequency resource indicated in the sensing request response after the receiving, by the target terminal, a sensing request response sent by the at least one auxiliary terminal (Fig. 12, S1220, S1221, [0265]-[0271], Tables 5-9, [0272], [0274]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allows measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Regarding claim 8, Wang appears to disclose the method according to claim 7, wherein after the sending, by the target terminal, the sensing signal on a time-frequency resource indicated by the sensing request response (Fig. 9, 9.1a [0224]), the method further comprises:
receiving, by the target terminal, sensing data sent by the at least one auxiliary terminal; and sending, by the target terminal, the sensing data to the network device (Fig. 9, 9.3a, 9.3b, [0224]).
Regarding claim 9, Wang appears to disclose the method according to claim 5, wherein after the sending , by the target terminal, a sensing request to the auxiliary terminal ([0212], Fig. 9, 9.0, [0224]), the method further comprises:
receiving, by the target terminal, the sensing signal on a time-frequency resource indicated by the sensing request response; measuring, by the target terminal, the sensing signal to generate sensing data; and sending, by the target terminal, the sensing data to the network device (Fig. 9, 9.1b, 9.3a, 9.3b, [0224]).
Wang does not disclose the following; however, Hwang suggests after the receiving, by the target terminal, a sensing request response sent by the auxiliary terminal (Fig. 12, S1220, S1221, [0265]-[0267], [0272], [0274]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allows measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Regarding claims 12-15, the claims are directed towards the apparatus that performs the method of claims 5-6 and 8-9; accordingly, claims 12-15 are rejected on the grounds presented above for claims 5-6 and 8-9.
Regarding claim 17, Wang does not disclose the following; however, Hwang suggests the terminal device according to claim 16, wherein after the receiving a sensing request sent by a target terminal, the processor enables the terminal device to perform:
sending a sensing request response to the target terminal, wherein the sensing request response is used to feed back whether the auxiliary terminal supports sensing to be executed (Fig. 12, S1220, S1221, [0265]-[0267], [0272] disclosing the transmitting UE receives a SL RRC reconfiguration complete message from the receiving UE responsive to sending the SL RRC reconfiguration message conveying the measurement configuration to the receiving UE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allows measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Regarding claim 18, Wang does not expressly disclose the following; however, Hwang suggests the terminal device according to claim 17, wherein the sensing request response comprises configuration information of a sensing signal supported by the auxiliary terminal (Fig. 12, S1220, S1221, [0265]-[0267], [0272], [0274]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allows measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Regarding claim 19, Wang appears to disclose the terminal device according to claim 17, further comprising:
sending the sensing signal on a time-frequency resource indicated by the sensing request (Fig. 9, 9.1b [0224]).
Wang does not expressly disclose the following; however, Hwang suggest this is after the sending a sensing request response to the target terminal (Fig. 12, S1220, S1221, [0265]-[0271], Tables 5-9, [0272], [0274]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allows measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Regarding claim 20, Wang appears to disclose the terminal device according to claim 17, further comprising:
receiving the sensing signal on a time-frequency resource indicated by the sensing request; measuring the sensing signal to generate sensing data; and sending the sensing data to the target terminal (Fig. 9, 9.1a, [0212], [0224]).
Wang does not expressly disclose the following’ however, Hwang suggests the above steos are performed after the sending a sensing request response to the target terminal (Fig. 12, S1220, S1221, [0265]-[0271], Tables 5-9, [0272], [0274]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the techniques of Wang as suggested by Hwang because this allows measurements of a plurality of beams to be reported in a single report which reduces the overhead associated with reporting a plurality of measurements ([0259]-[0261]).
Response to Arguments
Applicant's arguments filed 13 August 2026 have been fully considered but they are not persuasive.
Anticipation "is not an 'ipsissimis verbis' test." In re Bond, 910 F .2d 831, 832 (Fed. Cir. 1990) (citing Akzo N. V. v. United States Int'l Trade Comm 'n, 808 F.2d 1471, 1479 & n.11 (Fed. Cir. 1986)). "An anticipatory reference ... need not duplicate word for word what is in the claims." Standard Havens Prods. v. Gencor Indus., 953 F.2d 1360, 1369 (Fed. Cir. 1991). See also Kennametal, Inc. v. Ingersoll Cutting Tool Co., 780 F.3d 1376, 1381 (Fed. Cir. 2015) ("However, a reference can anticipate a claim even if it 'd[oes] not expressly spell out' all the limitations arranged or combined as in the claim, if a person of skill in the art, reading the reference, would 'at once envisage' the claimed arrangement or combination.") (quoting In re Petering, 301F.2d676, 681 (CCPA 1962))
Applicant asserts the reference of record Wang does not disclose a “sensing request” without providing any evidentiary support to show a difference between the disclosure of Wang and the so-called “sensing request”. Thus, applicant merely contradicts examiner’s finding of facts. It would appear that applicant is asserting that Wang does not use the same terms as the claims. Such assertions fail to shift the burden to examiner.
Applicant asserts “and thus the target terminal and auxiliary terminal coordinate sending and receiving of the sensing signal without reporting the configuration information of the sensing signal to the network device”. Applicant asserts that Wang does not disclose, “the technical context of claim 1 in which the target terminal and the auxiliary terminal directly coordinate sensing signal transmission/reception”.
In response to applicant's assertion, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant asserts that Wang does not disclose features, “so that configuration information of the sensing signal is unnecessary to be reported to the network device.” This app[ears to be a feature of intended use. An intended use or result achieved by the process or acts performed by an apparatus does not define a patentable distinction. In response to such assertions, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Applicant asserts, “Wang also does not disclose that the forwarded information is "configuration information of a sensing signal" in the sense as defined by claim 1.” Examiner disagrees because there is no definition of “configuration information of a sensing signal in claim 1. The feature is recited in the claim without further clarification.
With respect to the brief summaries with respect to the disclosures of Zhang and Bayseth, there is no burden on examiner to map features of said disclosures to applicant’s claims. The disclosures speak for themselves and can be relied upon for a rejection in the future.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph A Bednash whose telephone number is (571)270-7500. The examiner can normally be reached 7 AM - 4:30 PM M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached at (571)272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A BEDNASH/Primary Examiner, Art Unit 2461
