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 .
The instant office action is in response to communication filed on 09/13/2024.
Claims 24-43 are pending, of which claims 24, 31, and 39 are independent.
The IDS(s) submitted on 09/13/2024, 04/01/2025, 04/10/2025, 11/06/2025, 01/08/2026, 02/05/2026, and 07/14/2026 has been considered.
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 24-27, 31-32, 35-37, and 38-42 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al (US 20250212079).
Regarding claim 24, Huang discloses a wireless communication method (See Figs. 1-20. See Fig. 10, showing BS 1010 as the primary/anchor/master BS and UE 1011 connected to BS 1010 and either BS 10101 with UE 1011 senses UAV 1020 through cells 1040, 1042, 1044 in cooperation with BS 1012 or BS 1014 as secondary node. See also Fig. 12 for similar disclosure), performed by a master node (i.e. see Fig. 11 BS/UE 1102 as a master node and Fig. 13 BS/UE 1302 as a master node. Fig. 11 and 13 are similar, only Fig. 11 is applied but same explanation can be retrieved from Fig.13), comprising:
determining a need for sensing result information by determining that wireless sensing operations associated with an operating environment of a user equipment, UE, are currently inadequate; (Per Paragraph 98 and Fig. 11, the sensing signal 1110 that originated from Master Node BS/UE 1102 in Fg,11 is detected to have an RSRP < Threshold in step 1120 and a sensing report containing the RSRP< Threshold allows the master node BS/UE 1102 to determine sensing operating environment of user equipment, UE 1102 to sense UAV are currently inadequate. See also Fig. 14 steps 1410 and 1420 indicating the Master BS 1402 can do the actual measurement. See paragraphs 102-103)
in response to determining the need (i.e. RSRP < Threshold in steps 1120 and 1130), transmitting, to a secondary node (i.e. BS/UE 1106 in Fig. 11), an integrated wireless sensing and communication (ISAC) node addition or modification request; (The entire Huang’s system is ISAC per paragraphs 83-84 and 90-91 and the secondary node to be added or switched to is BS/UE 1106 is an ISAC node as it receives sensing signal 1160 and communicates with the master node BS/UE 1102 by sending a sensing report 1182 and is consistent applicant’s definition per paragraphs 35 and 69 in applicant’s specification.)
receiving an acknowledgment of the ISAC node addition or modification request from the secondary node; (Master Node BS/UE 1102 receives ACK 1180 provided the check in step 1170 is true per paragraph 98 and Fig. 11)
receiving a report of sensing result generated by the secondary node based on wireless sensing operations performed by the secondary node (i.e. sensing signal 1160 is measured by secondary node BS/UE 1106 and detected sensing RSRP greater than threshold in step 1170 in Fig. 11) on the operating environment of the UE; (See Fig. 11 and per paragraph 98 Sensing Report 1182 is received by the Master node BS/UE 1102 )and
adjusting wireless communication with UE or sensing operations by the master node based on the report. (i.e. in Fig. 11 once secondary node BS/UE 1106 is added a sensing of the UAV by the BS/UE 1102 is done through BS/UE 1106 instead of BS/UE 1104 per paragraph 98 and see Fig. 10 and paragraph 97 for UAV sensing through a secondary BS/UE)
Regarding claim 31, Huang discloses a wireless communications method (See Figs. 1-20. See Fig. 10, showing BS 1010 as the primary/anchor/master BS and UE 1011 connected to BS 1010 and either BS 10101 with UE 1011 senses UAV 1020 through cells 1040, 1042, 1044 in cooperation with BS 1012 or BS 1014 as secondary node. See also Fig. 12 for similar disclosure), performed by a secondary node (i.e. See BS/UE 1106 as the second node. See further Fig. 11 BS/UE 1102 as a master node and Fig. 13 BS/UE 1302 as a master node. Fig. 11 and 13 are similar, only Fig. 11 is applied but same explanation can be retrieved from Fig.13), comprising:
receiving an integrated wireless sensing and communication (ISAC) node addition or modification request transmitted by a master node (i.e. BS/UE 1102 is a master node sending addition/modification request as bi-static sending receive request 1140 and received by secondary node BS/UE 1106 ) in response to the master node determining that wireless sensing operations associated with an operating environment of a user equipment, UE, are currently inadequate; (Per Paragraph 98 and Fig. 11, the sensing signal 1110 that originated from Master Node BS/UE 1102 in Fg,11 is detected to have an RSRP < Threshold in step 1120 and a sensing report containing the RSRP< Threshold allows the master node BS/UE 1102 to determine sensing operating environment of user equipment, UE 1102 to sense UAV are currently inadequate. See also Fig. 14 steps 1410 and 1420 indicating the Master BS 1402 can do the actual measurement. See paragraphs 102-103)
transmitting an acknowledgement of the ISAC node addition or modification request to the master node; (Master Node BS/UE 1102 receives ACK 1180 transmitted by secondary node BS/UE 1106 provided the check in step 1170 is true per paragraph 98 and Fig. 11)
performing wireless sensing operations associated with the operation environment of the UE; (i.e. sensing signal 1160 is measured by secondary node BS/UE 1106 and detected sensing RSRP greater than threshold in step 1170 in Fig. 11)
obtaining sensing result information of the operating environment of the UE from the wireless sensing operations; (the sensed RSRP in step 1170 of Fig. 11 is the result of sensing signal 1160 sent form BS/UE 1102 being detected per paragraph 98 and Fig. 11)
preparing a report of the sensing result (i.e. Sensing Report 1182 is sent after being prepared to contain the sensing result in step 1170 of Fig. 11); and
transmitting the report to the master node according to the ISAC node addition or
modification request. (Secondary node BS/UE 1106 sends Sensing Report 1182 to Master Node BS/UE 1102 and is in response add/modification request 1140 in Fig. 11 in paragraph 98. The entire Huang’s system is ISAC per paragraphs 83-84 and 90-91 and the secondary node to be added or switched to is BS/UE 1106 is an ISAC node as it receives sensing signal 1160 and communicates with the master node BS/UE 1102 by sending a sensing report 1182 and is consistent applicant’s definition per paragraphs 35 and 69 in applicant’s specification.)
Regarding claim 39, Huang discloses a master node (i.e. see Fig. 11 BS/UE 1102 as a master node whose structure is shown in Fig. 20 as detailed in paragraph 98 and 142), (See Figs. 1-20. See Fig. 10, showing BS 1010 as the primary/anchor/master BS and UE 1011 connected to BS 1010 and either BS 10101 with UE 1011 senses UAV 1020 through cells 1040, 1042, 1044 in cooperation with BS 1012 or BS 1014 as secondary node. See also Fig. 12 for similar disclosure), performed by a master node (i.e. see Fig. 11 BS/UE 1102 as a master node and Fig. 13 BS/UE 1302 as a master node. Fig. 11 and 13 are similar, only Fig. 11 is applied but same explanation can be retrieved from Fig.13), a memory (Fig. 20 Memory 2044) storing instructions; and
at least one processor (Fig. 20 processor 2042) in communication with the memory, wherein, when the at least one processor executes the instructions, the at least one processor is configured to cause the master node to perform:
determining a need for sensing result information by determining that wireless sensing operations associated with an operating environment of a user equipment, UE, are currently inadequate; (Per Paragraph 98 and Fig. 11, the sensing signal 1110 that originated from Master Node BS/UE 1102 in Fg,11 is detected to have an RSRP < Threshold in step 1120 and a sensing report containing the RSRP< Threshold allows the master node BS/UE 1102 to determine sensing operating environment of user equipment, UE 1102 to sense UAV are currently inadequate. See also Fig. 14 steps 1410 and 1420 indicating the Master BS 1402 can do the actual measurement. See paragraphs 102-103)
in response to determining the need (i.e. RSRP < Threshold in steps 1120 and 1130), transmitting, to a secondary node (i.e. BS/UE 1106 in Fig. 11), an integrated wireless sensing and communication (ISAC) node addition or modification request; (The entire Huang’s system is ISAC per paragraphs 83-84 and 90-91 and the secondary node to be added or switched to is BS/UE 1106 is an ISAC node as it receives sensing signal 1160 and communicates with the master node BS/UE 1102 by sending a sensing report 1182 and is consistent applicant’s definition per paragraphs 35 and 69 in applicant’s specification.)
receiving an acknowledgment of the ISAC node addition or modification request from the secondary node; (Master Node BS/UE 1102 receives ACK 1180 provided the check in step 1170 is true per paragraph 98 and Fig. 11)
receiving a report of sensing result generated by the secondary node based on wireless sensing operations performed by the secondary node (i.e. sensing signal 1160 is measured by secondary node BS/UE 1106 and detected sensing RSRP greater than threshold in step 1170 in Fig. 11) on the operating environment of the UE; (See Fig. 11 and per paragraph 98 Sensing Report 1182 is received by the Master node BS/UE 1102 )and
adjusting wireless communication with UE or sensing operations by the master node based on the report. (i.e. in Fig. 11 once secondary node BS/UE 1106 is added a sensing of the UAV by the BS/UE 1102 is done through BS/UE 1106 instead of BS/UE 1104 per paragraph 98 and see Fig. 10 and paragraph 97 for UAV sensing through a secondary BS/UE)
Regarding claim 25, Huang discloses the wireless communication method of claim 24, wherein the ISAC node addition request causes the secondary node to connect to the UE. (See paragraph 92 disclosing the ISAC node addition request/bi-static sensing receiver switching request causes the secondary node to connect to the UE. See Figs 7 and 11 too)
Regarding claim 32, claim 32 is rejected in the same scope as claim 25.
Regarding claim 40, claim 40 is rejected in the same scope as claim 25.
Regarding claim 26, Huang discloses the wireless communication method of claim 24, wherein the UE is in a dual connection to the master node and the secondary node. (See paragraph 92 disclosing the UE is in a dual connection to the master node and the secondary node. See Figs 7 and 11 too)
Regarding claim 35, claim 35 is rejected in the same scope as claim 26.
Regarding claim 41, claim 41 is rejected in the same scope as claim 26.
Regarding claim 27, Huang discloses the wireless communication method of claim 26, wherein the dual connection comprises any combination of two of the following: (Per Paragraph 92 and Figs. 7, 8, 9, 11 and 14)
a sensing radio link (S-RL) between the UE and the master node; (See Fig. 9 master node BS 902 and UE 902 have a sensing radio link in 910, Fig. 14 steps 1410 and 1420, and similar arrangement in the other Figs. Paragraph 98)
a communication radio link (C-RL) between the UE and the master node; (See paragraphs 92 and 142 and Fig. 20 the UE 104 communicates with the master base station 2040)
a S-RL between the UE and the secondary node; (See paragraph 92 the UE and the secondary node have a sensing radio link) or
a C-RL between the UE and the secondary node. (See paragraphs 92 and 142 and Fig. 20 the UE 104 communicates with the secondary node 2040)
Regarding claim 36, claim 36 is rejected in the same scope as claim 27.
Regarding claim 42, claim 42 is rejected in the same scope as claim 27.
Regarding claim 37, Huang discloses the wireless communication method of claim 31, wherein performing the wireless sensing operations with the UE comprises at least one of: the secondary node performing the wireless sensing operations (i.e. Fig. 11 second node BS/UE 1106 performs wireless sense operations in step 1150); or the secondary node assisting the UE to perform the wireless sensing operations together. (See Paragraph 92 the UE is sending sensing signal to secondary node to measure the sensing signal)
Regarding claim 38, Huang discloses the method of claim 31, further comprising: using the sensing result to assist with wireless communication with the UE or performing sensing operations by the master node. (i.e. in Fig. 11 once secondary node BS/UE 1106 is added a sensing of the UAV by the BS/UE 1102 is done through BS/UE 1106 instead of BS/UE 1104 per paragraph 98 and see Fig. 10 and paragraph 97 for UAV sensing through a secondary BS/UE)
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.
Claim(s) 28, 33, and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Leng (US 20250175770, herein after referred to as Leng).
Regarding claim 28, Huang discloses the wireless communication method of claim 24 but fails to disclose wherein the report is received periodically or on-demand.
Leng in the same endeavor discloses wherein the report is received periodically or on-demand. (See paragraph 98 at least disclosing periodically sending sensing responses/reports and can also be done periodically. See also paragraph 153 stating “The function entity can respond to the UE on-demand sensing request message, so as to report sensing results to the UE.”)
In view of the above, having Huang’s Master Node in ISAC system and then given the well- established teaching of Leng‘s techniques for periodic reporting of sensing result, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Huang’s Master Node in ISAC system as taught by Leng‘s techniques for periodic reporting of sensing result, since Leng states in paragraph 63 and the abstract that the modification results in allowing the master node to provide resource utilization efficiency of sensing of a network device be improved and impact on communication performance of the network device is reduced.
Regarding claim 33, claim 33 is rejected in the same scope as claim 28.
Regarding claim 43, claim 43 is rejected in the same scope as claim 28.
Claim(s) 29 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Manolakos et al (US 20240129891 A1, here in after referred to as Mano).
Regarding claim 29, Huang discloses the wireless communication method of claim 24 wherein the master node receives the report in one transmission but fails to disclose the report comprising multiple reports that are aggregated.
Mano, in the same endeavor, discloses the report comprising multiple reports that are aggregated. (See paragraph 93 – where the received report at the radar server 172 is a report that contains multiple reports that are aggregated.)
In view of the above, having Huang’s Master Node in ISAC system and then given the well- established teaching of Mano ‘s techniques for preparing aggregated reports, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Huang’s Master Node in ISAC system as taught by Mano ‘s techniques for preparing aggregated reports, since Mano states in paragraph 93 that the modification results in allowing the master node to include any number of motion state metrics from any number of devices in a single motion state report.
Regarding claim 34, claim 34 is rejected in the same scope as claim 29.
Claim(s) 30 s/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Dai et al (US 20180014209 A1, here in after referred to as Dai).
Regarding claim 30, Huan discloses the wireless communication method of claim 24, including comprising: transmitting a request to the secondary node as set forth above but fails to teach transmitting to stop sending the report.
Dai, in the same endeavor, discloses transmitting to stop sending the report. (See paragraphs 186, 187 and 198 where the Base station transmits a request to stop transmitting sensing data from sensors.)
In view of the above, having Huang’s Master Node in ISAC system and then given the well- established teaching of Dai ‘s techniques for transmitting to stop sending report, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Huang’s Master Node in ISAC system as taught by Dai ‘s techniques for transmitting to stop sending report, since Dai states in paragraph 5 hat the modification results in allowing a wireless resource optimization technique that improves the usage efficiency of wireless resources.
Conclusion
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/HABTE MERED/ Primary Examiner, Art Unit 2474
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