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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means for,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“means for … transmitting/receiving” in claim(s) 33, 38, 41-42, 44, 49 and 52, which is interpreted in light of Fig 3 as a communication interface i.e. transceiver.
“means for … processing/determining” in claim(s) 38 and 45, which is interpreted in light of Fig 3 as a processor.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 33-52 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. At least each of independent Claims 33, 44 and 52 recite a “means for … receiving” which is interpreted in light of Fig 3 as a network interface. This is a single means claim because it recites a single means which covers every conceivable means for achieving the stated purpose. See MPEP 2164.08(a). For at least this reason, Claims 33, 44 and 52 are rejected for lack of enablement. Dependent Claims 34-43 and 45-51 at least inherit the unenabled subject matter and are rejected for at least the same reason(s).
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 40 recites the limitation "the estimated channel state information" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant recommends either amending Claim 40 to depend on Claim 39 and/or amending Claim 40 to recite “an estimated channel state information.” Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 33-39, 41-42, 44-50 and 52 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Duan (US 2022/0095319 A1).
Examiner notes that the claim language merely required a “means for” performing the steps, which is interpreted as a network interface and/or processor capable of performing the steps per the Claim Interpretation section above.
Regarding Claim 33, Duan teaches the below limitation(s):
A serving base station, serving a user equipment, comprising means for (Duan Fig 14 base station 1400 comprising network interface 1480):
transmitting, to the user equipment, a scheduling grant for an uplink transmission ([0100] serving base station may communicate with the UE to grant the resources for the uplink data transmission);
transmitting, to at least one supporting base station, sensing support information associated with the scheduling grant (Fig 8 block 820 receive, by the first base station (i.e. serving base station) using resources other than those included in the list of resources, radar signals transmitted by the second base station (i.e. supporting base station); [0101] serving base station may communicate with the UE, for example, through certain assistance data, to determine or grant the resources used for the uplink data transmission);
receiving, from the user equipment, an uplink transmission in accordance with the scheduling grant (Fig 8 block 830 receive, by the first base station (i.e. serving base station) using the list of resources, uplink data transmitted by a UE).
Regarding Claim 34, Duan teaches the limitation(s) of Claim 33.
Duan further teaches the below limitation(s):
further comprising means for (Duan Fig 14 base station 1400 comprising processing unit(s) 1410): determining sensing information based on the received uplink transmission ([0059] determination of a UE's location (an exemplary embodiment of "sensing information) may be performed using assistance data provided by the UE).
Regarding Claim 35, Duan teaches the limitation(s) of Claim 33.
Duan further teaches the below limitation(s):
wherein the sensing support information comprises at least one of: a request for the at least one supporting base station to support the serving base station, or supporting control information (Duan [0038] base station may be used primarily to support wireless access by UEs; [0058] access node i.e. base station (alone or in combination with other components of the network) may be configured to, in response to receiving a request for location information from the LMF (i.e. supporting control information), obtain location measurements of uplink (UL) signals received from the UE).
Regarding Claim 36, Duan teaches the limitation(s) of Claim 33.
Duan further teaches the below limitation(s):
wherein the sensing support information comprises at least one of:
a resource element, RE, map of the uplink transmission; physical resource block, PRB, map of the uplink transmission; information on a demodulation reference signal, DMRS, of the uplink transmission; information on a modulation and coding scheme, MCS, of the uplink transmission; information on a scrambling of the uplink transmission; information on a position of the serving base station; an angle of arrival, AoA, of the uplink transmission; a timing information, such as frame, subframe and/or slot index (Duan [0059] UE assistance includes angle of arrival (AoA) and angle of department (AoD), WLAN positioning, and/or other positioning procedures/methods).
Regarding Claim 37, Duan teaches the limitation(s) of Claim 36.
Duan further teaches the below limitation(s):
wherein the sensing support information comprises a plurality of angle of arrival, AoA, of the uplink transmission (Duan [0059] positioning information may comprise angle of arrival (AoA); see also [0062], [0065] and [0067]), the plurality of angle of arrival, AoA, of the uplink transmission comprising at least one of:
an angle of arrival for a line of sight (LOS) propagation of the uplink transmission at the serving base station; an angle of arrival for a non-line of sight (NLOS) propagation of the uplink transmission at the serving base station ([0059] UE assistance includes angle of arrival (AoA) and angle of department (AoD), WLAN positioning, and/or other positioning procedures/methods; [0073] teaches transmission of a light-of-sight (LOS) signal).
Regarding Claim 38, Duan teaches the limitation(s) of Claim 33.
Duan further teaches the below limitation(s):
further comprising means for (Duan Fig 14 base station 1400 comprising processing unit(s) 1410):
processing the uplink transmission received from the user equipment to obtain uplink data ([0006]-[0007] teaches a first base station (i.e. serving base station) receiving uplink data from a UE); and
transmitting, to the at least one supporting base station, the uplink data (Fig 14 base station 1400 comprising network interface 1480; Fig 8 block 830 receive, by the first base station using the list of resources, uplink data transmitted by a UE).
Regarding Claim 39, Duan teaches the limitation(s) of Claim 33.
Duan further teaches the below limitation(s):
estimating channel state information based on at least one of: pilot signaling; or uplink data of the uplink transmission (Duan [0075] teaches sensing the angle of a received signals, which is interpreted as CSI based on uplink).
Regarding Claim 41, Duan teaches the limitation(s) of Claim 33.
Duan further teaches the below limitation(s):
further comprising means for (Duan Fig 14 base station 1400 comprising network interface 1480):
transmitting the determined sensing information to a sensing management function ([0038] base station may provide additional control and/or network management functions; [0055] some gNB and/or ng-eNBs may be configured to function as positioning-only beacons which my transmit signals (e.g. PRS) and/or may broadcast assistance data to assist positioning of UE).
Regarding Claim 42, Duan teaches the limitation(s) of Claim 33.
Duan further teaches the below limitation(s):
further comprising means for (Duan Fig 14 base station 1400 comprising network interface 1480):
receiving, from a sensing management function, at least one of:
sensing management information; information about at least one potential supporting base station; or a request for a resource pre-allocation for sensing operation ([0038] base station may be used primarily to support wireless access by UEs; [0058] access node i.e. base station (alone or in combination with other components of the network) may be configured to, in response to receiving a request for location information from the LMF (i.e. supporting control information), obtain location measurements of uplink (UL) signals received from the UE).
Regarding Claim 44, Duan teaches the below limitation(s):
A supporting base station, supporting a serving base station serving a user equipment in a sensing operation, comprising means for (Duan Fig 14 base station 1400 comprising network interface 1480):
receiving, from the serving base station, sensing support information associated with a scheduling grant (Fig 8 block 820 receive, by the first base station (i.e. serving base station) using resources other than those included in the list of resources, radar signals transmitted by the second base station (i.e. supporting base station); [0101] serving base station may communicate with the UE, for example, through certain assistance data, to determine or grant the resources used for the uplink data transmission),
wherein the scheduling grant concerns an uplink transmission sent by the user equipment and intended for the serving base station (Fig 8 block 820 receive, by the first base station (i.e. serving base station) using resources other than those included in the list of resources, radar signals transmitted by the second base station (i.e. supporting base station); [0101] serving base station may communicate with the UE, for example, through certain assistance data, to determine or grant the resources used for the uplink data transmission);
receiving, based on the sensing support information, the uplink transmission from the user equipment (Fig 8 block 830 receive, by the first base station using the list of resources, uplink data transmitted by a UE).
Regarding Claim 45, Duan teaches the limitation(s) of Claim 44.
Duan further teaches the below limitation(s):
further comprising means for (Duan Fig 14 base station 1400 comprising processing unit(s) 1410):
determining sensing information based on the received sensing support information and based on the received uplink transmission ([0059] determination of a UE's location (an exemplary embodiment of "sensing information) may be performed using assistance data provided by the UE).
Regarding Claim 46, Duan teaches the limitation(s) of Claim 44.
Duan further teaches the below limitation(s):
wherein the sensing support information comprises at least one of: a request for the at least one supporting base station to support the serving base station; or supporting control information (Duan [0038] base station may be used primarily to support wireless access by UEs; [0058] access node i.e. base station (alone or in combination with other components of the network) may be configured to, in response to receiving a request for location information from the LMF (i.e. supporting control information), obtain location measurements of uplink (UL) signals received from the UE).
Regarding Claim 47, Duan teaches the limitation(s) of Claim 44.
Duan further teaches the below limitation(s):
wherein the sensing support information comprises at least one of:
a resource element, RE, map of the uplink transmission; physical resource block, PRB, map of the uplink transmission; information on a demodulation reference signal, DMRS, of the uplink transmission; information on a modulation and coding scheme, MCS, of the uplink transmission; information on a scrambling of the uplink transmission; information on a position of the serving base station; an angle of arrival, AoA, of the uplink transmission ([0059] UE assistance includes angle of arrival (AoA) and angle of department (AoD), WLAN positioning, and/or other positioning procedures/methods).
Regarding Claim 48, Duan teaches the limitation(s) of Claim 47.
Duan further teaches the below limitation(s):
wherein the sensing support information comprises a plurality of angle of arrival, AoA, of the uplink transmission (Duan [0059] positioning information may comprise angle of arrival (AoA); see also [0062], [0065] and [0067]), the plurality of angle of arrival, AoA, of the uplink transmission comprising at least one of:
an angle of arrival for a line of sight (LOS) propagation of the uplink transmission at the serving base station; an angle of arrival for a non-line of sight (NLOS) propagation of the uplink transmission at the serving base station ([0059] UE assistance includes angle of arrival (AoA) and angle of department (AoD), WLAN positioning, and/or other positioning procedures/methods; [0073] teaches transmission of a light-of-sight (LOS) signal).
Regarding Claim 49, Duan teaches the limitation(s) of Claim 45.
Duan further teaches the below limitation(s):
further comprising means for (Duan Fig 14 base station 1400 comprising network interface 1480):
receiving, from the serving base station, uplink data obtained by the serving station from processing the uplink transmission between the user equipment and the serving base station, wherein determining sensing information based on the received sensing-support information and based on the received uplink transmission is further based on the uplink data received from the serving base station ([0067] base station may receive measurements obtained by the UE and may send to the measurements to a location server (i.e. support base station) for computation of a location estimate for UE).
Regarding Claim 50, Duan teaches the limitation(s) of Claim 45.
Duan further teaches the below limitation(s):
wherein determining sensing information comprises estimating channel state information based at least on one of pilot signaling or uplink data of the uplink transmission (Duan [0036] serving base station may be configured to transmit a CSI-RS for the purpose of obtaining sensing information).
Regarding Claim 52, Duan teaches the below limitation(s):
A sensing management function comprising means for (Duan Fig 14 base station 1400 comprising network interface 1480 and processing unit(s) 1410):
receiving, from at least one base station positioned within a sensing area cell, measurement information on at least one of: a level of transmission power, a location of the at least one base station, an orientation of at least one base station relative to at least one further, an area covering by at least one of the at least one base station ([0065] location measurements may include one or more of a received signal strength indicator (RSSI), reference signal received power (RSRP), reference signal received quality (RSRQ), Angle of Arrival (AoA), etc.);
comparing the measurement information received from the at least one base station with a predefined threshold value ([0058] access node (i.e. base station) may obtain location measurements of uplink (UL) signals received from the UE; [0067] base station may receive measurements obtained by the UE and may send to the measurements to a location server (i.e. support base station) for computation of a location estimate for UE),
determine, in dependence on the comparison result, if the at least one base station is a candidate as supporting base station for a serving base station serving a user equipment located within the sensing area cell, if the at least one base station is determined as candidate as supporting base station ([0085] selection of appropriately located base stations to serve as transmitters and receivers for bistatic and multi-static radar operations),
transmitting information on the at least one base station which is determined as candidate as supporting base station to the serving base station serving the user equipment located within the sensing area cell (Fig 4 LOS signal 412 from first BS (i.e. serving BS) to the second BS (i.e. support BS)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412
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