Prosecution Insights
Last updated: October 27, 2026
Application No. 18/860,529

CONFIGURING PARTICIPATION IN A RADIO SENSING OPERATION

Non-Final OA §103
Filed
Oct 25, 2024
Priority
Apr 25, 2022 — provisional 63/334,621 +1 more
Examiner
FAN, GUOXING
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Lenovo (United States) Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
39 granted / 51 resolved
+18.5% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
27 currently pending
Career history
101
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
71.5%
+31.5% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 51 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 . 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. 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 1-3, 7-9, 14-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (US 20230141170 A1), hereinafter “Dai”, in view of Deixler et al. (US 20210185485 A1) (IDS cited), hereinafter “Deixler”. Per claim 1, 14, 15 and 20: Regarding claim 1, Dai teaches ‘A user equipment (“UE”) for wireless communication’ (Dai: [0005]: “a user equipment for wireless communication”); ‘comprising: at least one a memory; and at least one processor coupled with the at least one memory’ (Dai: [0005]: “a user equipment for wireless communication may include a memory and one or more processors operatively coupled to the memory”); ‘configured to cause the UE to’ (Dai: [0005]: “The memory and the one or more processors may be configured to”); ‘receive, from a network node, a query message for a radio sensing operation’ (Dai: [FIG.3]: step 305: :”BS”-> “UE”: “Capability information request”; [0054]: “the BS 110 may provide, to the UE 120, a request for capability information associated with a wireless sensing operation”; capability information request (query) about radio sensing operation); ‘wherein the query message indicates a set of suitability conditions’ (Dai: [0054]: “The request for capability information may indicate that the UE 120 is to transmit capability information that indicates one or more capabilities of the UE 120, relating to a wireless communication operation, to the BS 110. In some aspects, the request for capability information may indicate one or more particular capabilities for which the UE 120 is to provide capability information”; [0052]: “The capability information may identify, for example, whether the UE is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation, a range associated with the wireless sensing operation, a sensing bandwidth associated with the wireless sensing operation, a power control parameter associated with the wireless sensing operation, or a hardware constraint associated with the wireless sensing operation”, the request (query) indicates a set of capabilities (suitability conditions) to report); ‘determine that the UE satisfies the set of suitability conditions’ (Dai: [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”); ‘transmit, to the network node, a response message based on the determination’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}); ‘receive a sensing configuration for the radio sensing operation in response to the response message’ (Dai: [FIG.3]: step 355: “BS”-> “UE”: “Configuration information”; [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”); ‘the sensing configuration comprising one or more of: a configuration for radio sensing reference signal ("RS") transmission’ (Dai: [0060]: “the capability information may indicate one or more waveforms that the UE 120 is capable of using to transmit a sensing reference signal”; [0061]-[0062]: “the capability information may indicate that the UE 120 is capable of transmitting the sensing reference signal using the OFDM waveform … the UE 120 may transmit capability information indicating that the UE 120 supports the FMCW waveform … the UE 120 may transmit capability information indicating that the UE 120 supports the pulse waveform”; [0050]: “A wireless sensing operation may include transmission of a waveform”; [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”; UE would receive a configuration about a suitable waveform to use for radio RS transmission in accordance with the capability information); ‘a configuration for radio sensing RS reception, or a configuration for radio sensing measurement report transmission’ (these are optional); ‘perform the radio sensing operation based on the sensing configuration’ (Dai: [FIG.3]: step 360: “Perform wireless sensing operation”; [0068]: “the UE 120 may perform the wireless sensing operation in accordance with the configuration information”). First, Dai’s teaching of capabilities such as whether UE is capable of the wireless sensing operation, a hardware constraint associated with the wireless sensing operation, etc. are suitability conditions for wireless sensing operations. Moreover, Deixler in the same field of endeavor teaches suitability conditions for wireless sensing operations to select a subset of devices to participate in sensing for a given sensing function in given situations (Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection, select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “in certain situations not all devices in a wireless network should transmit, receive and/or process a radio frequency signal for presence and/or location detection, but that it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted … more suitable devices are preferred over less suitable or non-suitable devices”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Regarding claim 14, Dai teaches ‘A processor for wireless communication’ (Dai: [FIG.2]: block 280: “Processor”; [0005]: “a user equipment for wireless communication may include a memory and one or more processors operatively coupled to the memory”); ‘comprising: at least one controller coupled with at least one memory’ (Dai: [FIG.2]: “ PNG media_image1.png 91 140 media_image1.png Greyscale ”); ‘configured to cause the processor to’ (Dai: [0005]: “The memory and the one or more processors may be configured to”); ‘receive, from a network node, a query message for a radio sensing operation’ (Dai: [FIG.4]: step 305: :”BS”-> “UE”: “Capability information request”; [0054]: “the BS 110 may provide, to the UE 120, a request for capability information associated with a wireless sensing operation”; capability information request (query) about radio sensing operation); ‘wherein the query message indicates a set of suitability conditions’ (Dai: [0054]: “The request for capability information may indicate that the UE 120 is to transmit capability information that indicates one or more capabilities of the UE 120, relating to a wireless communication operation, to the BS 110. In some aspects, the request for capability information may indicate one or more particular capabilities for which the UE 120 is to provide capability information”; [0052]: “The capability information may identify, for example, whether the UE is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation, a range associated with the wireless sensing operation, a sensing bandwidth associated with the wireless sensing operation, a power control parameter associated with the wireless sensing operation, or a hardware constraint associated with the wireless sensing operation”, the request (query) indicates a set of capabilities (suitability conditions) to report); ‘determine that a candidate device satisfies the set of suitability conditions’ (Dai: [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation); ‘transmit, to the network node, a response message to the network node based on the determination’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}); ‘receive a sensing configuration for the radio sensing operation in response to the response message’ (Dai: [FIG.3]: step 355: “BS”-> “UE”: “Configuration information”; [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”); ‘the sensing configuration comprising one or more of: a configuration for radio sensing reference signal ("RS") transmission’ (Dai: [0060]: “the capability information may indicate one or more waveforms that the UE 120 is capable of using to transmit a sensing reference signal”; [0061]-[0062]: “the capability information may indicate that the UE 120 is capable of transmitting the sensing reference signal using the OFDM waveform … the UE 120 may transmit capability information indicating that the UE 120 supports the FMCW waveform … the UE 120 may transmit capability information indicating that the UE 120 supports the pulse waveform”; [0050]: “A wireless sensing operation may include transmission of a waveform”; [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”; UE would receive a configuration about a suitable waveform to use for radio RS transmission in accordance with the capability information); ‘a configuration for radio sensing RS reception, or a configuration for radio sensing measurement report transmission’ (these are optional); ‘perform the radio sensing operation based on the sensing configuration’ (Dai: [FIG.3]: step 360: “Perform wireless sensing operation”; [0068]: “the UE 120 may perform the wireless sensing operation in accordance with the configuration information”). First, Dai’s teaching of capabilities such as whether UE is capable of the wireless sensing operation, a hardware constraint associated with the wireless sensing operation, etc. are suitability conditions for wireless sensing operations. Moreover, Deixler in the same field of endeavor teaches suitability conditions for wireless sensing operations to select a subset of devices to participate in sensing for a given sensing function in given situations (Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection, select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “in certain situations not all devices in a wireless network should transmit, receive and/or process a radio frequency signal for presence and/or location detection, but that it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted … more suitable devices are preferred over less suitable or non-suitable devices”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Regarding claim 15, Dai teaches ‘A base station for wireless communication’ (Dai: [0006]: “a base station for wireless communication”); ‘comprising: at least one memory; and at least one processor coupled with the at least one memory’ (Dai: [0006]: “a base station for wireless communication may include a memory and one or more processors operatively coupled to the memory”); ‘configured to cause the base station to’ (Dai: [0006]: “The memory and the one or more processors may be configured to”); ‘transmit, to a plurality of candidate devices, a query message for a radio sensing operation’ (Dai: [FIG.4]: step 305: :”BS”-> “UE”: “Capability information request”; [0054]: “the BS 110 may provide, to the UE 120, a request for capability information associated with a wireless sensing operation”; capability information request (query) about radio sensing operation); ‘wherein the query message indicates a set of suitability conditions’ (Dai: [0054]: “The request for capability information may indicate that the UE 120 is to transmit capability information that indicates one or more capabilities of the UE 120, relating to a wireless communication operation, to the BS 110. In some aspects, the request for capability information may indicate one or more particular capabilities for which the UE 120 is to provide capability information”; [0052]: “The capability information may identify, for example, whether the UE is capable of the wireless sensing operation, a sensing mode associated with time division duplexing (TDD) multiplexing for the wireless sensing operation, a waveform for a signal associated with the wireless sensing operation, a sensing granularity associated with the wireless sensing operation, a range associated with the wireless sensing operation, a sensing bandwidth associated with the wireless sensing operation, a power control parameter associated with the wireless sensing operation, or a hardware constraint associated with the wireless sensing operation”, the request (query) indicates a set of capabilities (suitability conditions) to report); ‘receive at least one response message from at least one of the plurality of candidate devices, each response message indicating a suitability of a particular candidate device for participation in the radio sensing operation’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}). First, Dai’s teaching of capabilities such as whether UE is capable of the wireless sensing operation, a hardware constraint associated with the wireless sensing operation, etc. are suitability conditions for wireless sensing operations. Moreover, Deixler in the same field of endeavor teaches suitability conditions for wireless sensing operations to select a subset of devices to participate in sensing for a given sensing function in given situations (Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection, select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “in certain situations not all devices in a wireless network should transmit, receive and/or process a radio frequency signal for presence and/or location detection, but that it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted … more suitable devices are preferred over less suitable or non-suitable devices”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Combination of Dai and Deixler teaches ‘determine, based on the at least one response message, a set of devices to participate in the radio sensing operation’ (Dai: [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”. Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection, select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices”); ‘configure the set of devices to participate in the radio sensing operation’ (Dai: [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”. Dai: [0010]: “instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘perform the radio sensing operation’ (Dai: [0053]: “the operations described herein are primarily described as being performed by a UE and a corresponding BS”; [0068]: “the UE 120 may perform the wireless sensing operation in accordance with the configuration information”; [0050]: “A wireless sensing operation may include transmission of a waveform”; [0061]: “the UE 120 is capable of transmitting the sensing reference signal using the OFDM waveform”; [FIG.4]: “symbol for sensing transmission”, “sensing slot”; BS performing the radio sensing operation by receiving sensing reference signal from UE; [FIG.5]: “idle mode: Wireless sensing operation” => “Periodic PRACH for sync”; [0059]: “the UE 120 may perform periodic physical random access channel (PRACH) operation to synchronize with the BS”, BS performing radio sensing operation with UE via PRACH operation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices to participate in sensing with that of Dai in order to avoid wasting resources for network communication (Deixler: [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). Regarding claim 20, claim 20 recites the method implemented by the base station of claim 15 (see rejection of claim 15 above). Per claim 2 and 16: Regarding claim 2, combination of Dai and Deixler teaches the UE of claim 1 (discussed above). Dai teaches ‘wherein the set of suitability conditions comprises one or more of: an indication of an object of interest to be monitored via radio sensing, an indication of an area of interest to be monitored via radio sensing’ (these are optional); ‘an indication of an angle of interest to be monitored via radio sensing’ (Dai: [0063]: “the capability information may indicate a sensing granularity associated with the wireless sensing operation … a granularity in terms of angle (e.g., elevation angle, azimuth angle, and/or the like)”; [0054]: “the request for capability information may indicate one or more particular capabilities for which the UE 120 is to provide capability information”, indication of an angle of interest); ‘a type of radio sensing task’ (this is optional). Regarding claim 16, combination of Dai and Deixler teaches the base station of claim 15 (discussed above). Dai teaches ‘wherein the set of suitability conditions comprises one or more of: an indication of an object of interest to be monitored via radio sensing, an indication of an area of interest to be monitored via radio sensing’ (these are optional); ‘an indication of an angle of interest to be monitored via radio sensing’ (Dai: [0063]: “the capability information may indicate a sensing granularity associated with the wireless sensing operation … a granularity in terms of angle (e.g., elevation angle, azimuth angle, and/or the like)”; [0054]: “the request for capability information may indicate one or more particular capabilities for which the UE 120 is to provide capability information”, indication of an angle of interest); ‘a type of radio sensing task’ (this is optional). Regarding claim 3, combination of Dai and Deixler teaches the UE of claim 2 (discussed above). Combination of Dai and Deixler teaches ‘wherein the indication of the object of interest’ (Dai: [0054]: “the request for capability information may indicate one or more particular capabilities for which the UE 120 is to provide capability information”. Deixler: [0008]-[0010]: “perform RF-based presence detection … a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0060]: “RF-based asset tracking (the asset may be an object, animal or person, for example)”, object of interest such as presence detection or tracking for person); ‘comprises one or more of: a target location’ (Deixler: [0060]: “RF-based asset tracking may be used if a target/asset needs to be detected and/or located”; [0091]: “people walking in the corridor outside of the room … people entering the room well”; [0249]: “if there is motion detected in a part of a space (especially near a door), assets may come into or leave the space there, so enhanced asset tracking performance is desired in this part of the space”, a target location; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”); ‘a target boundary location; a definition of the target of interest according to a quasi-co-location ("QCL") type-D assumption with respect to a signal known to the UE; an object identifier number; an area of interest defined using angular and/or directional information; an area of interest defined using a QCL type-D assumption with respect to a signal known to the UE; or an area identifier number of an area of interest associated with the object’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Per claim 7 and 19: Regarding claim 7, combination of Dai and Deixler teaches the UE of claim 1 (discussed above). Combination of Dai and Deixler teaches ‘wherein the set of suitability conditions comprises one or more of: a position stationarity condition of the UE over an indicated time duration’ (Dai: [0034]: “each UE may be stationary or mobile”; [0059]: “performs the wireless sensing operation during a time period”; [FIG.5]: indicated time duration for sensing operation. Deixler: [0198]: “measurements related to assets which are stationary in the area”; [0195]: “RF-based asset tracking (location detection)”, position stationary conditions; [0196]: “asset-tracking of BLE equipped assets”; [0055]: “perform RF-based sensing or asset tracking in a first part of a period”; [0059]: “transmit and/or receive a radio frequency signal during a first part of each of a plurality of periods. The radio frequency signal is used for presence and/or location detection … A duration of the first part”; [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”); ‘a velocity stationarity condition of the UE over the indicated time duration; an orientation stationarity condition of the UE over the indicated time duration; a minimum synchronization accuracy; an observability condition of an area of interest; an observability condition of an object of interest; a minimum storage capability for radio sensing measurements; a minimum processing capability for radio sensing measurements; or a minimum energy storage for radio sensing measurements’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Regarding claim 19, combination of Dai and Deixler teaches the base station of claim 15 (discussed above). Combination of Dai and Deixler teaches ‘wherein the set of suitability conditions comprises one or more of: a position stationarity condition of the UE over an indicated time duration’ (Dai: [0034]: “each UE may be stationary or mobile”; [0059]: “performs the wireless sensing operation during a time period”; [FIG.5]: indicated time duration for sensing operation. Deixler: [0198]: “measurements related to assets which are stationary in the area”; [0195]: “RF-based asset tracking (location detection)”, position stationary conditions; [0196]: “asset-tracking of BLE equipped assets”; [0055]: “perform RF-based sensing or asset tracking in a first part of a period”; [0059]: “transmit and/or receive a radio frequency signal during a first part of each of a plurality of periods. The radio frequency signal is used for presence and/or location detection … A duration of the first part”; [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”); ‘a velocity stationarity condition of the UE over the indicated time duration; an orientation stationarity condition of the UE over the indicated time duration; a minimum synchronization accuracy; an observability condition of an area of interest; an observability condition of an object of interest; a minimum storage capability for radio sensing measurements; a minimum processing capability for radio sensing measurements; or a minimum energy storage for radio sensing measurements’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Regarding claim 8, combination of Dai and Deixler teaches the UE of claim 7 (discussed above). Combination of Dai and Deixler teaches ‘wherein the set of suitability conditions is indicated via an index from a codebook’ (Dai: [FIG.8]: “Index 1” - “Index 3”; [0063]: “the capability information may indicate a sensing granularity by reference to a table. For example, an index of the capability information may indicate a sensing granularity value defined by the table … if the UE 120 supports a distance granularity between 5 and 10 cm, then the UE 120 may report an index of 3 for the capability relating to the distance granularity”; via index from the table (codebook). Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘where the codebook includes different combinations of one or more criteria for evaluating a suitability of a radio sensing scenario’ (Dai: [FIG.8]: the table (codebook) includes combinations of criteria for evaluating a suitability; [0063]: “the capability information may indicate a sensing granularity by reference to a table”. Deixler: [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Regarding claim 9, combination of Dai and Deixler teaches the UE of claim 1 (discussed above). Combination of Dai and Deixler teaches ‘wherein the network node comprises a base station’ (Dai: [FIG.3]: “BS”; [0006]: “a base station for wireless communication”); ‘wherein the query message comprises a sensing suitability query’ (Dai: [FIG.3]: step 305: “BS”-> “UE”: “Capability information request”; [0006]: “the capability information identifying at least one of: whether the user equipment is capable of the wireless sensing operation, a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Claims 4-6, 10-13 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over combination of Dai and Deixler, in view of Huang et al. (WO 2022032425 A1) (IDS cited), hereinafter “Huang”. Per claim 4 and 17: Regarding claim 4, combination of Dai and Deixler teaches the UE of claim 1 (discussed above). Combination of Dai and Deixler teaches ‘wherein the query message comprises a sensing suitability query’ (Dai: [FIG.4]: step 305: :”BS”-> “UE”: “Capability information request”; [0054]: “the BS 110 may provide, to the UE 120, a request for capability information associated with a wireless sensing operation”; capability information request (query) about radio sensing operation. Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘wherein the response message comprises a suitability report’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘receive a reporting configuration for the suitability report from the network node’ (Dai: [FIG.3]: step 355: “BS”-> “UE”: “Configuration information”; [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”. Dai: [0010]: “select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘wherein the reporting configuration comprises one or more of: a set of time-frequency resources for transmitting the suitability report’ (Dai: [0050]: “A wireless sensing operation may include transmission of a waveform”; [0061]: “the UE 120 is capable of transmitting the sensing reference signal using the OFDM waveform”; [FIG.4]: “symbol for UL transmission”, “sensing slot”, a transmitting UE in sensing operations. Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”). However, combination of Dai and Deixler fails to expressly teach ‘a set of time-frequency resources for transmitting the suitability report’; ‘a set of beams for transmitting the suitability report, or a type of report for the suitability report based on the set of suitability conditions’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (Deixler: [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). Huang in the same field of endeavor teaches a transmitting UE in sensing operations receives configuration indicating a sensing resource such as a set of time-frequence resources to use for transmission (Huang: [0010]-[0011]: “receiving the control message indicating that the first indication resource of a set of different resources may be assigned to the transmitting device … transmitting the indication signal via the first indication resource”; [FIG.3A]: a set of time-frequency resources; [0076]: “A wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers or beams)”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Huang’s teaching with that of combination of Dai and Deixler for the reporting configuration to include a set of time-frequency resources for transmitting the suitability report in order to improve sensing accuracy and capability (Huang: [0004]: “the described techniques provide for improving passive sensing accuracy and capability by transmitting a sensing signal and indicating the transmitting device that transmitted the sensing signal”). Regarding claim 17, combination of Dai and Deixler teaches the base station of claim 15 (discussed above). Combination of Dai and Deixler teaches ‘wherein the query message comprises a sensing suitability query’ (Dai: [FIG.4]: step 305: :”BS”-> “UE”: “Capability information request”; [0054]: “the BS 110 may provide, to the UE 120, a request for capability information associated with a wireless sensing operation”; capability information request (query) about radio sensing operation. Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘wherein the response message comprises a suitability report’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘transmit a reporting configuration for the suitability report to a user equipment (UE)’ (Dai: [FIG.3]: step 355: “BS”-> “UE”: “Configuration information”; [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”. Dai: [0010]: “select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘wherein the reporting configuration comprises one or more of: a set of time-frequency resources for transmitting the suitability report’ (Dai: [0050]: “A wireless sensing operation may include transmission of a waveform”; [0061]: “the UE 120 is capable of transmitting the sensing reference signal using the OFDM waveform”; [FIG.4]: “symbol for UL transmission”, “sensing slot”, a transmitting UE in sensing operations. Deixler: [0010]: “determine a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”). However, combination of Dai and Deixler fails to expressly teach ‘a set of time-frequency resources for transmitting the suitability report’; ‘a set of beams for transmitting the suitability report, or a type of report for the suitability report based on the set of suitability conditions’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (Deixler: [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). Huang in the same field of endeavor teaches a transmitting UE in sensing operations receives configuration indicating a sensing resource such as a set of time-frequence resources to use for transmission (Huang: [0010]-[0011]: “receiving the control message indicating that the first indication resource of a set of different resources may be assigned to the transmitting device … transmitting the indication signal via the first indication resource”; [FIG.3A]: a set of time-frequency resources; [0076]: “A wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers or beams)”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Huang’s teaching with that of combination of Dai and Deixler for the reporting configuration to include a set of time-frequency resources for transmitting the suitability report in order to improve sensing accuracy and capability (Huang: [0004]: “the described techniques provide for improving passive sensing accuracy and capability by transmitting a sensing signal and indicating the transmitting device that transmitted the sensing signal”). Regarding claim 5, combination of Dai, Deixler and Huang teaches the UE of claim 4 (discussed above). Combination of Dai and Deixler teaches ‘wherein the suitability report indicates one or more suitability conditions of the set of suitability conditions which are satisfied by the UE’ (Dai: [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”’; report indicates a set of capabilities (suitability conditions) which are satisfied by the UE. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Regarding claim 6, combination of Dai, Deixler and Huang teaches the UE of claim 4 (discussed above). Combination of Dai and Deixler teaches ‘transmit the suitability report based on a determination that at least an indicated subset of the set of suitability conditions is met’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; 0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Regarding claim 10, combination of Dai and Deixler teaches the UE of claim 1 (discussed above). Dai teaches ‘wherein the network node comprises a peer UE’ (Dai: [FIG.3]: “BS”; [0053]: “While the operations described herein are primarily described as being performed by a UE and a corresponding BS, these operations can be performed by any wireless device and any corresponding network entity”). However, combination of Dai and Deixler fails to expressly teach ‘a peer UE’; ‘wherein the query message comprises a sidelink sensing request’ (Dai: [0054]: “the BS 110 may provide, to the UE 120, a request for capability information associated with a wireless sensing operation”, a sensing request). However, combination of Dai and Deixler fails to expressly teach ‘a sidelink”. Huang teaches a sidelink peer UE can send sidelink sensing request to a transmitting UE (Huang: [FIG.6]: sidelink peer UE “115-g” -> transmitting UE “115-h”: “Sensing Signal Request”; [FIG.7]: sidelink peer UE “115-j” -> transmitting UE “115-I”: “Control Message”; [0134]: “a process flow 600 that supports indication based passive sidelink sensing … The process flow 600 includes UE 115-g (e.g., a receiving device), UE 115-h (e.g., a transmitting device), and base station 105-b”; [0141]: “UE 115-i may receive a control message indicating a sensing resource of a sidelink channel and/or a first indication resource of the sidelink channel assigned to UE 115-i. In some cases, the control message may be transmitted by UE 115-j, while in some additional or alternative examples, the control message may be transmitted by base station 105-c”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Huang’s teaching with that of combination of Dai and Deixler for the network node to comprise a peer UE, wherein the query message comprises a sidelink sensing request in order to improve sensing accuracy and capability (Huang: [0004]: “the described techniques provide for improving passive sensing accuracy and capability by transmitting a sensing signal and indicating the transmitting device that transmitted the sensing signal”). Regarding claim 11, combination of Dai, Deixler and Huang teaches the UE of claim 10 (discussed above). Combination of Dai, Deixler and Huang teaches ‘wherein the response message comprises a suitability report’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘wherein the at least one processor is configured to cause the UE to perform one or more of: receive, from the peer UE, a first reporting configuration for the suitability report’ (Dai: [FIG.3]: step 355: “BS”-> “UE”: “Configuration information”; [0068]: “the BS 110 may transmit configuration information to the UE 120. The configuration information may configure a wireless sensing operation in accordance with the capability information”; [0053]: “While the operations described herein are primarily described as being performed by a UE and a corresponding BS, these operations can be performed by any wireless device and any corresponding network entity”. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”. Huang: [FIG.6]: sidelink peer UE “115-g” -> transmitting UE “115-h”: “Sensing Signal Request”; [FIG.7]: sidelink peer UE “115-j” -> transmitting UE “115-i”: “Control Message”; [0134]: “a process flow 600 that supports indication based passive sidelink sensing … The process flow 600 includes UE 115-g (e.g., a receiving device), UE 115-h (e.g., a transmitting device), and base station 105-b”; [0141]: “UE 115-i may receive a control message indicating a sensing resource of a sidelink channel and/or a first indication resource of the sidelink channel assigned to UE 115-i. In some cases, the control message may be transmitted by UE 115-j, while in some additional or alternative examples, the control message may be transmitted by base station 105-c”); ‘receive, from a base station, a second reporting configuration for the suitability report; and transmit the suitability report to the base station’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Huang’s teaching of sidelink sensing and Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to improve sensing accuracy and capability (Huang: [0004]: “the described techniques provide for improving passive sensing accuracy and capability by transmitting a sensing signal and indicating the transmitting device that transmitted the sensing signal”) and avoid wasting resources for network communication (Deixler: [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). Regarding claim 12, combination of Dai, Deixler and Huang teaches the UE of claim 11 (discussed above). Combination of Dai, Deixler and Huang teaches ‘wherein the suitability report is based on the first reporting configuration’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “select a subset of devices from said plurality of devices based on said suitability determined for each of said plurality of devices, and instruct at least one of said subset of devices to act as a device for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”); ‘wherein the first reporting configuration comprises one or more of: a first set of time/frequency/beam resources for transmitting the suitability report to the base station’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; [0050]: “A wireless sensing operation may include transmission of a waveform”; [0061]: “the UE 120 is capable of transmitting the sensing reference signal using the OFDM waveform”; [FIG.4]: “symbol for UL transmission”, “sensing slot”, a transmitting UE in sensing operations. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”. Huang: [0010]-[0011]: “receiving the control message indicating that the first indication resource of a set of different resources may be assigned to the transmitting device … transmitting the indication signal via the first indication resource”; [FIG.3A]: a set of time-frequency resources; [0076]: “A wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers or beams)”; [0134]: “a process flow 600 that supports indication based passive sidelink sensing”); ‘a second set of time/frequency/beam resources for transmitting the suitability report to the peer UE; a first reporting type associated with the peer UE; a second reporting type associated with the base station; a first reporting condition associated with the base station; or a second reporting condition associated with the peer UE’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Huang’s teaching of sidelink sensing and Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to improve sensing accuracy and capability (Huang: [0004]: “the described techniques provide for improving passive sensing accuracy and capability by transmitting a sensing signal and indicating the transmitting device that transmitted the sensing signal”) and avoid wasting resources for network communication (Deixler: [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). Regarding claim 13, combination of Dai, Deixler and Huang teaches the UE of claim 11 (discussed above). Combination of Dai, Deixler and Huang teaches ‘wherein the suitability report is based on the second reporting configuration’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; 0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”. Huang: [FIG.7]: BS “105-c” -> transmitting UE “115-j”: “Control Message”; [0141]: “UE 115-i may receive a control message indicating a sensing resource of a sidelink channel and/or a first indication resource of the sidelink channel assigned to UE 115-i. In some cases, the control message may be transmitted by UE 115-j, while in some additional or alternative examples, the control message may be transmitted by base station 105-c”); ‘wherein the second reporting configuration for the suitability report received from the base station comprises one or more of: a first set of time/frequency/beam resources for reception of the sensing configuration from the peer UE’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; [0050]: “A wireless sensing operation may include transmission of a waveform”; [0061]: “the UE 120 is capable of transmitting the sensing reference signal using the OFDM waveform”; [FIG.4]: “symbol for UL transmission”, “sensing slot”, a transmitting UE in sensing operations. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”. Huang: [0010]-[0011]: “receiving the control message indicating that the first indication resource of a set of different resources may be assigned to the transmitting device … transmitting the indication signal via the first indication resource”; [FIG.3A]: a set of time-frequency resources; [0076]: “A wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers or beams)”; [0134]: “a process flow 600 that supports indication based passive sidelink sensing”); ‘a second set of time/frequency/beam resources for transmitting the suitability report to the peer UE; a first reporting type associated with the peer UE; a second reporting type associated with the base station; a first reporting condition associated with the base station; a second reporting condition associated with the peer UE; or a third set of time/frequency/beam resources for transmitting the suitability report to the base station’ (these are optional). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Huang’s teaching of sidelink sensing and Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to improve sensing accuracy and capability (Huang: [0004]: “the described techniques provide for improving passive sensing accuracy and capability by transmitting a sensing signal and indicating the transmitting device that transmitted the sensing signal”) and avoid wasting resources for network communication (Deixler: [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). Regarding claim 18, combination of Dai, Deixler and Huang teaches the base station of claim 17 (discussed above). Combination of Dai and Deixler teaches ‘wherein the suitability report indicates one or more suitability conditions of the set of suitability conditions which are satisfied by the UE’ (Dai: [0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”’; report indicates a set of capabilities (suitability conditions) which are satisfied by the UE. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”); ‘receive the suitability report based on a determination that at least an indicated subset of the set of suitability conditions is met’ (Dai: [FIG.3]: “UE”-> “BS”: “Capability information” : {“Capable of wireless sensing”, “Sensing mode for TDD multiplexing” … “Hardware constraint”}; 0056]: “the capability information may indicate whether the UE 120 is capable of a wireless sensing operation”; [0057]: “Different UEs may be associated with different capabilities with regard to TDD multiplexing of wireless sensing operations and communications. The capability information may indicate one or more sensing modes corresponding to one or more TDD multiplexing configurations that the UE 120 is capable of performing for a wireless sensing operation”; [0067]: “the capability information may indicate a hardware constraint associated with the wireless sensing operation”. Deixler: [0010]: “a suitability of each of a plurality of devices for transmitting, receiving and/or processing a radio frequency signal for presence and/or location detection”; [0011]: “it is beneficial to select a subset of devices based on their suitability for this function in these situations. By not selecting devices that are not suitable or are less suitable, these devices have more time for network communication and resources for network communication are thus not wasted”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Deixler’s teaching of suitability for selecting a subset of devices with that of Dai in order to avoid wasting resources for network communication (see reference quotes in element above). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20170230855 A1 (IDS cited) see [FIG.1]-[FIG.2], [0076]-[0092]; US 20230086144 A1 see [FIG.2]-[FIG.14], [0133]-[0141]; US 20230076874 A1 see [FIG.4]-[FIG.10], [0017], [0409]-[0421]; US 20260059272 A1 see [FIG.6]-[FIG.10], [0005]-[0013]; US 20240012095 A1 see [FIG.1]-[FIG.7A], [0079]-[0083], [0107]-[0108]; US 20240334227 A1 see [0006]-[0023]; US 20220236394 A1 see [FIG.6]-[FIG.15], [0006]-[0048]; US 20230105811 A1 see [FIG.5]-[FIG.6], [0007]-[0014], [0098]; US 20050192745 A1 see [FIG.2]-[FIG.4], [Claim 1]; US 20240426999 A1 see [0006]-[0026]; US 20190112075 A1 see [0075]-[0076]; US 20130005357 A1 see [0007]-[0021]; US 20070091847 A1 see [0041]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUOXING FAN whose telephone number is (703)756-1310. The examiner can normally be reached Monday - Friday 9:00 am - 5:30 pm ET. 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, Yemane Mesfin can be reached at (571)272-3927. 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. /G.F./Examiner, Art Unit 2462 /YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462
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Prosecution Timeline

Oct 25, 2024
Application Filed
Oct 13, 2026
Non-Final Rejection mailed — §103 (current)

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