Prosecution Insights
Last updated: August 17, 2026
Application No. 18/750,338

SENSING METHOD AND APPARATUS AND COMMUNICATION DEVICE

Non-Final OA §103
Filed
Jun 21, 2024
Priority
Dec 22, 2021 — CN 202111583336.1 +1 more
Examiner
AHMED, NIZAM U
Art Unit
Tech Center
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
261 granted / 346 resolved
+15.4% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
26 currently pending
Career history
373
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
65.4%
+25.4% vs TC avg
§102
10.8%
-29.2% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 346 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/13/2025, 11/14/2025 and 01/07/2026 were filed after filing the instant application on 06/21/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-2, 11-14, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Du et al (EP4043917A1), hereinafter, “Du” in view of Sichuan et al (CN10991150A), hereinafter, “Sichuan”. Regarding claim 1, Du discloses: A sensing method (Du: fig 5 and 7(a), para [0053], where, “The apparatus may be a circuit system, the circuit system includes a processing circuit, and the processing circuit is configured to perform the sensing method”), comprising: receiving, by a first device based on each received beam determined by a first beam sweeping mode, an echo signal of a first signal sent by a second device (Du: fig 5, para [0094], where, the first node is an AP or Base Station equivalent to “second device” and second and third nodes are first STAs equivalently “first device”, in Step S504, para [0110], where, the first STA/terminal/device receive a reference signal and echo signal based on transmit beam information and/or receive beam information sent by the second device in step S502: First information equivalent to “first signal”); obtaining, by the first device in a case that it is determined based on a first echo signal received at a first moment (Du: fig 5, para [0121]-[0122], where, “the STA returns a BRP frame to the AP after a short interframe space (short interframe space, SIFS) from a moment at which the AP completes transmitting the BRP frame”), that a sensing object is detected a first received beam used at a second moment based on the first echo signal (Du: fig 5, para [0122]-[0126], where, the STA equivalent to “first device” further equivalent to “a sensing object” detected the receive beam in step S505 after receiving Illumination signal at step S503 for the second STA, i.e., second moment); and Du does not explicitly teach: receiving, by the first device at the second moment based on the first received beam, a second echo signal of a first signal sent by the first device, wherein the second moment is a moment after the first moment. Sichuan teach: receiving, by the first device at the second moment based on the first received beam, a second echo signal of a first signal sent by the first device, wherein the second moment is a moment after the first moment (Sichuan: See claim 7 Step 3: The secondary radar works first, generating the interrogation signal, then performing the second radar interrogation signal transmission and reception, forming the secondary radar receiving beam, performing the secondary radar signal analysis and data processing, and working on the secondary radar. Status monitoring (second interrogation generates the second echo in the monitoring mode)). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “receiving, by the first device at the second moment based on the first received beam, a second echo signal of a first signal sent by the first device, wherein the second moment is a moment after the first moment” as taught by Sichuan into Du in order to reduce electromagnetic interference of the two is reduced, Electro Magnetic Compatibility is strong (Sichuan: [Technical Scheme 3]). Regarding claims 11-12, 14 and 16, the claim includes features identical to the subject matter mentioned in the rejection to claim 1 above. The claims are mere reformulation of claim 1 in order to define the corresponding packet sensing method, and the rejection to claim 1 is applied hereto. Regarding claims 2 and 13, Du modified by Sichuan teach: The method according to claim 1, wherein the first beam sweeping mode (Du: para [0003]-[0004], where, “performing ranging or positioning based on a time of flight of a signal has been widely applied to sensing between active devices”), comprises at least one of the following: a beam sweeping range, an arrangement of swept beams, and a beam sweeping sequence (Du: fig 1, para [0004], where, perform TF Ranging Sounding and DL Ranging NDPA). Regarding claim 20, Du modified by Sichuan teach: A communication device, comprising a processor and a memory, wherein the memory stores a program or an instruction executable in the processor, the program or the instruction, when executed by the processor, implementing the steps of the sensing method according to claim 1 (Du: fig 3-4, para [0078], where, “in FIG. 3, the communication apparatus 200 may include at least one processor 201, a memory 202, and a transceiver 203”). Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Du et al (EP4043917A1), hereinafter, “Du” in view of Sichuan et al (CN10991150A), hereinafter, “Sichuan” further in view of Patel et al (US 2018/0242276 A1), hereinafter, “Patel”. Regarding claim 5, neither Du nor Sichuan explicitly teach: wherein the beam sweeping sequence (Patel: fig 2, para [0100], where, configure a beam sweeping sequence) comprises one of the following: sweeping in rows and columns (Patel: fig 2, para [0080], where, the beam sweeping sequence includes rows and columns of antenna ports); [[ sweeping in circles; and sweeping in regions; wherein the sweeping in regions satisfies at least one of the following: sweeping each region in rows and columns; and sweeping each region in circles.]] Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “wherein the beam sweeping sequence comprises one of the following: sweeping in rows and columns” as taught by Patel in the system of Du and Sichuan in order to cover a portion of or all of geographic coverage area (Patel: para [0093]). Regarding claim 6, Du modified by Sichuan further modified by Patel teach: wherein the receiving, by a first device based on each received beam determined by a first beam sweeping mode (Patel: fig 2, para [0100], where, configure a beam sweeping sequence, where, sweeping sequence is corresponding to “sweeping mode”), an echo signal of a first signal sent by a second device (Du: fig 5, para [0094], where, the first node is an AP or Base Station equivalent to “second device” and second and third nodes are first STAs equivalently “first device”, in Step S504, para [0110], where, the first STA/terminal/device receive a reference signal and echo signal based on transmit beam information and/or receive beam information sent by the second device in step S502: First information equivalent to “first signal”), comprises: receiving, by the first device by using a second received beam indicated by the first beam sweeping mode, a third echo signal of the first signal sent by the second device (Du: fig 5, para [0094], where, the first node is an AP or Base Station equivalent to “second device” and second and third nodes are first STAs equivalently “first device”, in Step S504, para [0110], where, the first STA/terminal/device receive a reference signal equivalent to “indication” for transmit beam equivalent to “beam sweeping mode”, where, in step S505, the first device receive the third echo signal);; obtaining, by the first device based on the third echo signal, a detection result of whether the sensing object is detected (Du: fig 5, para [0094], where, the first node is an AP or Base Station equivalent to “second device” and second and third nodes are first STAs equivalently “first device”, in Step S504, para [0110], where, in step S505, the first device receive the third echo signal); and receiving, by the first device by using a third received beam indicated by the first beam sweeping mode (Du: fig 5, para [0094], where, the first node is an AP or Base Station equivalent to “second device” and second and third nodes are first STAs equivalently “first device”, in Step S504, para [0110], where, the first STA/terminal/device receive a reference signal equivalent to “indication” for transmit beam equivalent to “beam sweeping mode”, where, in step S505, the first device receive the third echo signal), a fourth echo signal of the first signal sent by the second device in a case that the detection result indicates that the sensing object is not detected, wherein the third received beam is a received beam located after the second received beam in the first beam sweeping mode (Du: fig 5, para [0094], where, the first node is an AP or Base Station equivalent to “second device” and second and third nodes are first STAs equivalently “first device”, in Step S504, para [0110], where, the first STA/terminal/device receive a reference signal equivalent to “indication” for transmit beam equivalent to “beam sweeping mode”, where, in step S505, echo signal receives by the second STA of the first device receive the fourth echo signal). Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Du et al (EP4043917A1), hereinafter, “Du” in view of Sichuan et al (CN10991150A), hereinafter, “Sichuan” further in view of Alalusi et al (US 2024/0085519 A1), hereinafter, “Alalusi”.. Regarding claims 8, neither Du nor Sichuan teach: The method according to claim 7, wherein the echo signal quality (Alalusi: para [0130]) comprises at least one of the following: a power of an echo signal, a signal-to-noise ratio SNR of the echo signal, a signal-to-interference-plus-noise ratio SINR of the echo signal (Alalusi: fig 6, para [0130], where, “The returning echoes 108 (shown in FIG. 1) are received by the receiving antenna 206 (shown in FIG. 2) and may be fed directly to the receiver 602 as the echo signal 224. This arrangement can give the system maximum or increased possible input signal-to-noise ratio (SNR), since the echo signal 224 propagates a minimal or relatively small distance before the echo signal 224 enters the receiver 602”). [[a reference signal received power RSRP of the echo signal, or reference signal received quality RSRQ of the echo signal; or, wherein after the obtaining, based on the third echo signal, a detection result of whether the sensing object is detected, the method further comprises: extracting, by the first device, a target parameter of the sensing object relative to each of the first device and the second device based on the measured quantity and the echo signal quality; or receiving, by the first device, the target parameter of the sensing object relative to each of the first device and the second device, wherein the target parameter comprises at least one of the following: angle, distance, and speed]]. Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “a power of an echo signal, a signal-to-noise ratio SNR of the echo signal, a signal-to-interference-plus-noise ratio SINR of the echo signal” as taught by Alalusi in the system of Du and Sichuan in order to calculate separation distance or motion of the target (Alalusi: para [0063]). Allowable Subject Matter Claim 3-4, 7, 9-10, 15 and 17-19, 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 Prior Art considered but not used: (1) Yu; Qiaoling et al.( US 20200044722 A1), “METHODS AND NODES FOR BEAM ADJUSTMENT”. (2) Laghate; Mihir Vijay et al. (US 20200412425 A1), “ANTENNA ELEMENT SELECTION SYSTEM”. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAM U AHMED whose telephone number is (571)272-9561. The examiner can normally be reached Mon-Fry, 7:00 AM-6:00 PM PST. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NIZAM U AHMED/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Jun 21, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
98%
With Interview (+23.1%)
3y 2m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 346 resolved cases by this examiner. Grant probability derived from career allowance rate.

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