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 .
Claim Rejections - 35 USC § 102
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 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.
Claims 1-6, 8-16, 18-22, 24-27, and 29-30 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ma et al (hereinafter “Ma”), WO 2022/036541.
Regarding claims 1 and 11, Ma discloses network coordination for management of sensing interference in a wireless system comprising a sensing node (fig. 4, UE 104) in the wireless network configured for supporting radio frequency (RF) sensing in the wireless network, comprising: at least one wireless transceiver (fig. 4, transceivers 422s); at least one memory (memory 448); and at least one processor coupled to the at least one wireless transceiver and the at least one memory (processor 432 coupled to the memory 448 and the transceivers 422s), wherein the at least one processor is configured to cause the network node to: receive, via the at least one wireless transceiver, from a network node a preconfigured resource set for sensing (fig. 10, step 1002: UE receives a request to perform RF sensing resource set); select one or more resources from the preconfigured resource set for sensing (p. [0006], fig. 10, step 1004: the UE performs interference measurements during at least one of multiple sensing occasions in a sensing resource set); and transmit, via the at least one wireless transceiver, the one or more resources for sensing (step 1006, the UE reports interference measurement results to a network entity, along with a request to allow the UE to perform UE sensing).
Regarding claims 2, 12, 22 and 27, Ma discloses the system further comprising receiving a sensing service request, wherein the one or more resources are selected from the preconfigured resource set for sensing in response to the sensing service request (p. [0006], fig. 10, step 1004: in response to the request, the UE performs interference measurements during at least one of multiple sensing occasions in a sensing resource set).
Regarding claims 3 and 13, Ma discloses the system further comprising sending a capability message to the network node with a sensing capability, wherein the preconfigured resource set is based on the sensing capability (Fig. 7 is a diagram of an example scenario in which an RF sensing-capable UE of a user is within communication range of an access point. [0096]: the sensing resource set had previously been sent to the UE by a network entity. The sensing resource set takes into account the capabilities of the UE. It indicates the UE inherently sends to the network node a sensing capability in advance).
Regarding claims 4 and 14, Ma discloses wherein selecting the one or more resources from the preconfigured resource set for sensing comprises: measuring interference of resources from the preconfigured resource set; and selecting the one or more resources without interference for sensing (p. [0006], fig. 10, step 1004: in response to the request, the UE performs interference measurements during at least one of multiple sensing occasions in a sensing resource set. It indicates that the UE selects the one or more resources of the resource set without interference for sensing).
Regarding claims 5 and 15, Ma discloses wherein measuring the interference of the resources from the preconfigured resource set comprises determining a received signal strength of the resources , and wherein selecting the one or more resources without interference for sensing is based on the received signal strength ([0096]-[0097]: performing interference measurements includes performing signal-to-interference plus noise ratio (SINR) measurements or received signal strength indicator (RSSI) measurements).
Regarding claims 6 and 16, Ma discloses wherein the interference of the resources is measured for each of the resources sequentially or simultaneously (p. [0006] and fig. 10, step 1004: in response to the request, the UE performs interference measurements during at least one of multiple sensing occasions in a sensing resource set. It indicates the resource is measured sequentially).
Regarding claims 8, 18, 24 and 29, Ma discloses the system further comprising receiving a time window, wherein selecting the one or more resources from the preconfigured resource set comprises: determining a resource has interference; and waiting until the time window expires before determining if the resource continues to have interference ([0093]: If interference was detected on all of the sensing occasions, e.g., if none of the sensing occasions in the sensing resource set are usable by the UE, the network may instruct the UE to wait for some period and try again using the same sensing resource set, or it may provide the UE with a different or updated sensing resource set, which the UE will use as it repeats the process of measuring, reporting).
Regarding claims 9 and 19, Ma discloses wherein selecting the one or more resources from the preconfigured resource set comprises: selecting a first resource in the preconfigured resource set; and selecting a second resource in the preconfigured resource set if the first resource has interference (p. [0006] and fig. 10, step 1004: in response to the request, the UE performs interference measurements during at least one of multiple sensing occasions in a sensing resource set. It indicates the resource is measured sequentially. Therefore, it inherently performs step of selecting a first resource in the preconfigured resource set; and selecting a second resource in the preconfigured resource set if the first resource has interference).
Regarding claims 10, 20, 25 and 30, Ma discloses the system further comprising sending a report to the network node based on the interference of resources (p. [0006] and fig. 10, step 1004: since the UE performs interference measurements during at least one of multiple sensing occasions in a sensing resource set; therefore, the report to the network node based on the interference of resources).
Regarding claims 21 and 26, Ma discloses a network node (fig. 4, access point (AP) 102) in a wireless network configured for supporting radio frequency (RF) sensing by a sensing node (fig. 4, UE 104) in the wireless network, comprising: an external interface (interface 412s); at least one memory (memory 446); and at least one processor coupled to the external interface and the at least one memory (a processor 408 coupled to the memory 446), wherein the at least one processor is configured to cause the network node to: receive, via the external interface, a capability message from the sensing node with sensing capabilities of the sensing node (Fig. 7 is a diagram of an example scenario in which an RF sensing-capable UE of a user is within communication range of an access point 102); generate a preconfigured resource set for sensing based on the sensing capabilities of the sensing node (fig. 10, step 1002: UE receives a request to perform RF sensing resource set, i.e. the AP generates a preconfigured resource set for sensing based on the sensing capabilities of the UE 104); and send, via the external interface, the preconfigured resource set for sensing to the sensing node enabling the sensing node to select one or more resources from the preconfigured resource set for sensing (fig. 10, step 1002: UE receives a request to perform RF sensing resource set from the AP).
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.
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.
Claims 7, 17, 23 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Ma as shown above.
Regarding claims 7, 17, 23 and 28, Ma does not disclose the system further obtaining at least one interference threshold, wherein the interference of the resources in the preconfigured resource set is determined based on the at least one interference threshold. Examiner takes official notice that the interference threshold is well-known and widely applied in communication systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the interference threshold into the system disclosed by Ma in order to guarantee quality of service.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI D HOANG whose telephone number is (571)272-3184. The examiner can normally be reached 10:30 am-18:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at (571) 272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THAI HOANG D.
Primary Examiner
Art Unit 2463
/THAI DINH HOANG/Primary Examiner, Art Unit 2463
