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 .
Specification
The disclosure is objected to because of the following informalities:
The priority of Internation Application No. PCT/CN2022/141502 is incorrect. The correct International Application No: is PCT/CN2022/141505 in (paragraph 0001 of the specification).
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”. Claims 1 – 20 are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that can be performed in the human mind, or by a human using a pen and paper for example, “a method for wireless communication, comprising: determining, by a first wireless device, a plurality of sensing resource positions based on a configuration information indicative of at least one resource set; and transmitting, by the first wireless device, a sensing signal at the plurality of sensing resource positions”.
The method claims 1 and 19 recites limitation, “a method for wireless communication, comprising: determining, by a first wireless device, a plurality of sensing resource positions based on a configuration information indicative of at least one resource set; and transmitting, by the first wireless device, a sensing signal at the plurality of sensing resource position.”. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim recites – a method for wireless communication, comprising: determining, by a first wireless device, a plurality of sensing resource positions based on a configuration information indicative of at least one resource set – i. e., collecting information, (analyzing and outputting information as below).
The method comprises transmitting, by the first wireless device, a sensing signal at the plurality of sensing resource positions – i. e., analysis and outputting certain results of the obtaining and analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016) is no more than an abstract idea i.e., mental process of "collecting information, analyzing it, and providing output," etc. (Step 2A: Prong One Abstract Idea=Yes).
The claim is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. In the current claims, there is no additional elements that would integrate the abstract idea into a practical application (Step 2A: Prong Two Abstract Idea=Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables. In the current scenario, there are no additional elements that would amount to significantly more than the abstract idea. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: No). Accordingly, the claim is not patent eligible.
The dependent claims 2 – 9 does not carry any positive limitation or step that recite within the scope of the claim and does not carry patentable weight they are also rejected for the same reasons as independent claims.
The method claims 10 and 20 recites limitation, “a method for wireless communication, comprising: receiving, by a second wireless device, a sensing signal at a plurality of sensing resource positions, wherein the plurality of sensing resource positions are determined based on a configuration information indicative of at least one resource set; and conducting an operation based on the sensing signal”. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim recites – a method for wireless communication, comprising: receiving, by a second wireless device, a sensing signal at a plurality of sensing resource positions, wherein the plurality of sensing resource positions are determined based on a configuration information indicative of at least one resource set – i. e., collecting information, (analyzing and outputting information as below).
The method comprises conducting an operation based on the sensing signal – i. e., analysis and outputting certain results of the obtaining and analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016) is no more than an abstract idea i.e., mental process of "collecting information, analyzing it, and providing output," etc. (Step 2A: Prong One Abstract Idea=Yes).
The claim is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. In the current claims, there is no additional elements that would integrate the abstract idea into a practical application (Step 2A: Prong Two Abstract Idea=Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables. In the current scenario, there are no additional elements that would amount to significantly more than the abstract idea. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: No). Accordingly, the claim is not patent eligible.
The dependent claims 12 - 18 does not carry any positive limitation or step that recite within the scope of the claim and does not carry patentable weight they are also rejected for the same reasons as independent claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 4, 6 - 20 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by
Jeon US PGPib: US 2022/0256519 A1 Aug. 11, 2022.
Regarding claims 1, 19, Jeon discloses,
a method for wireless communication and an apparatus (a UE may sense resources within a configured resource pool for availability before using the resources for radar sensing – ABSTRACT, Figs. 1 – 3, 9, paragraphs 0002, 0006 – 0010) for wireless communication comprising one or more processors (sensing in wireless communication system, where resources are configured, by frame/subframe/slot/symbol, for uplink communication components, downlink communication components, radar sensing components, or flexible components. Flexible components are configured by symbol for uplink or downlink communications, radar sensing, or flexible usage. Configuration may be initiated by a base station in response to explicit or implicit request by a UE for sensing resources. A UE may sense resources within a configured resource pool for availability before using the resources for radar sensing – ABSTRACT, Figs. 1 – 3, 9, paragraphs 0002, 0006 - 0010), comprising and configured to cause the apparatus to:
determining, by a first wireless device, a plurality of sensing resource positions based on a configuration information indicative of at least one resource set (an example flowchart for configuration of a time pattern with time resources for communication and sensing according to embodiments of the present disclosure. In the process, a UE receives a configuration for a first set of time resources for communications. The UE receives a configuration for a second set of time resources for radar sensing. The UE performs communication in the first set and radar sensing in the second set of time resources – Fig. 9/901 – 903, paragraphs 0415 - 0417); and
transmitting, by the first wireless device, a sensing signal at the plurality of sensing resource positions (the UE performs communication in the first set and radar sensing in the second set of time resources – Fig. 9/903, paragraph 0415. The UE can be provided with “reserved” resources in a TDD DL/UL configuration, and the UE uses such reserved resources for radar sensing transmissions and/or possibly radar sensing receptions – paragraph 0417).
Regarding claim 2, Jeon discloses,
the method of claim 1, wherein the at least one resource sets is in at least one frequency layer; and wherein the at least one frequency layer is a collection of the at least one resource set that has a group of common parameters, wherein the group of common parameters comprises: a parameter indicating a sub-carrier spacing information, a parameter indicating whether normal cyclic prefix or extended cyclic prefix is used, and a parameter indicating a frequency-domain reference point (performing radar sensing in reserved resources determined from a TDD DL/UL time pattern according to embodiments of the present disclosure. In this embodiment, a UE will identify by itself the time domain opportunity for sensing from the configured TDD time pattern, even though not specifically indicated by the network on which slot to use for sensing. The UE determines a subset of time resources within the TDD DL/UL time pattern - e.g., “reserved” resources for radar sensing in step 1002. The UE performs radar sensing in the determined subset of time resources, and performs communication in the remainder of the time pattern - i. e., in the received time pattern except for the determined subset of time resources. The UE can be configured with a set of resources in the frequency domain for radar sensing - paragraphs 0418 – 0422).
Regarding claim 3, Jeon discloses,
the method of claim 1, wherein a number of the at least one resource set is fixed to 2 (Fig. 9/901 – 902, paragraphs 0415 – 0422).
Regarding claim 4, Jeon discloses,
the method of claim 1, wherein a minimum configurable bandwidth of the resource sets is one sub-carrier, and wherein a bandwidth configuration of the resource sets is represented by a number of sub-carriers (performing radar sensing in reserved resources determined from a TDD DL/UL time pattern according to embodiments of the present disclosure. In this embodiment, a UE will identify by itself the time domain opportunity for sensing from the configured TDD time pattern, even though not specifically indicated by the network on which slot to use for sensing. The UE determines a subset of time resources within the TDD DL/UL time pattern - e.g., “reserved” resources for radar sensing in step 1002. The UE performs radar sensing in the determined subset of time resources, and performs communication in the remainder of the time pattern - i. e., in the received time pattern except for the determined subset of time resources. The UE can be configured with a set of resources in the frequency domain for radar sensing - paragraphs 0418 – 0422).
Regarding claim 6, Jeon discloses,
the method of claim 1, wherein a portion of the sensing signal is used as a reference signal (the UE may be configured with one or more Sounding Reference Signal SRS resource sets as configured by the higher layer parameter SRS-ResourceSet or SRS-PosResourceSet - paragraph 0278) or a synchronization signal (the sidelink synchronization signal - paragraphs 0364, 0389).
Regarding claim 7, Jeon discloses,
the method of claim 1, wherein, upon a resource collision occurring among multiple resource sets, a resource set that has smaller repetition factors, a smaller set index, or is being configured with higher priority has priority to use a resource (Fig. 3, paragraphs 0085 – 0090, 0391 – 0400. A PUSCH with a priority index of 0 or 1 – paragraphs 0295, 0296).
Regarding claim 8, Jeon discloses,
the method of claim 1, wherein the sensing signal further comprises a sensing resource configuration that is sent to other wireless nodes (performing radar sensing in reserved resources determined from a TDD DL/UL time pattern according to embodiments of the present disclosure. In this embodiment, a UE will identify by itself the time domain opportunity for sensing from the configured TDD time pattern, even though not specifically indicated by the network on which slot to use for sensing. The UE determines a subset of time resources within the TDD DL/UL time pattern - e.g., “reserved” resources for radar sensing in step 1002. The UE performs radar sensing in the determined subset of time resources, and performs communication in the remainder of the time pattern - i. e., in the received time pattern except for the determined subset of time resources. The UE can be configured with a set of resources in the frequency domain for radar sensing - paragraphs 0418 – 0422).
Regarding claim 9, Jeon discloses,
the method of claim 1, wherein a sensing resource configuration information is transmitted before transmitting the sensing signal (an example flowchart for configuration of a time pattern with time resources for communication and sensing according to embodiments of the present disclosure. In the process, a UE receives a configuration for a first set of time resources for communications. The UE receives a configuration for a second set of time resources for radar sensing. The UE performs communication in the first set and radar sensing in the second set of time resources. Here, the UE receives a first and second set of time resources before performing communication is the first set and radar sensing in the second set of time resources – Fig. 9/901 – 903, paragraphs 0415 – 0417).
Regarding claims 10, 20, Jeon discloses,
a method for wireless communication and an apparatus (a UE may sense resources within a configured resource pool for availability before using the resources for radar sensing – ABSTRACT, Figs. 1 – 3, 9, paragraphs 0002, 0006 – 0010) for wireless communication comprising one or more processors (sensing in wireless communication system, where resources are configured, by frame/subframe/slot/symbol, for uplink communication components, downlink communication components, radar sensing components, or flexible components. Flexible components are configured by symbol for uplink or downlink communications, radar sensing, or flexible usage. Configuration may be initiated by a base station in response to explicit or implicit request by a UE for sensing resources. A UE may sense resources within a configured resource pool for availability before using the resources for radar sensing – ABSTRACT, Figs. 1 – 3, 9, paragraphs 0002, 0006 – 0010), comprising and configured to cause the apparatus to:
receiving, by a second wireless device (a UE receives a configuration for a first set of time resources for communications. The UE receives a configuration for a second set of time resources for radar sensing – Fig. 9/901 – 903, paragraphs 0415 – 0417), a sensing signal at a plurality of sensing resource positions, wherein the plurality of sensing resource positions are determined based on a configuration information indicative of at least one resource set (an example flowchart for configuration of a time pattern with time resources for communication and sensing according to embodiments of the present disclosure. In the process, a UE receives a configuration for a first set of time resources for communications. The UE receives a configuration for a second set of time resources for radar sensing. The UE performs communication in the first set and radar sensing in the second set of time resources – Fig. 9/901 – 903, paragraphs 0415 – 0417); and
conducting an operation based on the sensing signal (the UE performs communication in the first set and radar sensing in the second set of time resources – Fig. 9/903, paragraph 0415. The UE can be provided with “reserved” resources in a TDD DL/UL configuration, and the UE uses such reserved resources for radar sensing transmissions and/or possibly radar sensing receptions – paragraph 0417).
Regarding claim 11, it is similar to claim 2 above and is rejected on the same grounds.
Regarding claim 12, it is similar to claim 2 above and is rejected on the same grounds.
Regarding claim 13, Jeon discloses,
the method of claim 10, wherein the second wireless device obtains sensing information, comprising of at least one of distance information (relative distance from the radar – paragraph 0357),
angle information (a UE is able to perform downlink/uplink/sidelink communication and also perform radar sensing by “sensing”/detecting environmental objects and their physical characteristics such as location/range, velocity/speed, elevation, angle, and so on – paragraphs 0206, 0355, 0406),
velocity information (a UE is able to perform downlink/uplink/sidelink communication and also perform radar sensing by “sensing”/detecting environmental objects and their physical characteristics such as location/range, velocity/speed, elevation, angle, and so on – paragraphs 0206, 0355, 0406) or position information, from a non-line-of-sight wireless channel information of the sensing signal.
Regarding claim 14, Jeon discloses,
the method of claim 10, wherein the second wireless device transmits one common sensing information of multiple resource sets to at least one of core network (the UE performs communication in the first set and radar sensing in the second set of time resources – Fig. 9/903, paragraph 0415. The UE can be provided with “reserved” resources in a TDD DL/UL configuration, and the UE uses such reserved resources for radar sensing transmissions and/or possibly radar sensing receptions – paragraph 0417), a server close to the second wireless device, or a third wireless device.
Regarding claim 15, it is similar to claim 6 above and is rejected on the same grounds.
Regarding claim 16, it is similar to claim 7 above and is rejected on the same grounds.
Regarding claim 17, it is similar to claim 8 above and is rejected on the same grounds.
Regarding claim 18, it is similar to claim 9 above and is rejected on the same grounds.
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.
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over
Jeon US PGPib: US 2022/0256519 A1 Aug. 11, 2022, and in view of
Vivo: Initial Study on Integrated Sensing and Communication for NR – vol. RP-223115, Dec. 5, 2022, XP093201569 (provided by applicants), here onwards Vivo.
Regarding claim 5, Jeon discloses all the claimed features,
but, does not disclose, the method of claim 1, wherein the configuration information indicates resource position information of multiple resource sets comprising at least one of time-domain starting position, time length of one repetition, time-domain repetition period, number of time-domain repetitions, frequency-domain starting position, bandwidth, or frequency-domain comb size, and wherein the configuration information further comprises at least one of a resource set ID, a periodicity and resource set slot offset, a resource repetition factor, a resource time gap, parameters indicating muting options, a System Frame Number 0 SFN0 Offset, a resource list, a comb size, a resource bandwidth, a starting Physical Resource Block PRB, or a number of symbols within a slot.
Vivo teaches, NR SRS in Uplink. The SRS signal for a UE can be configured as either a periodic reference signal, or a semi=persistent reference signal or an aperiodic reference signal (Fig. 6, Sec 2.5.1.2, pages 8, 9).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the UE may sense resources within a configured resource pool for availability before using the resources for radar sensing of Joen (Joen, ABSTRACT, Figs. 1 – 3, 9, paragraphs 0002, 0006 – 0010) wherein the system of Joen, would have incorporated NR SRS in Uplink of Vivo (Vivo, Fig. 6, Sec 2.5.1.2, pages 8, 9) for leveraging the strengths of wireless sensing technologies will be hugely advantageous to the development of future wireless communication technologies; the integration of sensing and communication in future 5G and beyond systems is needed (Vivo, section 1, 1st paragraph, last 4 lines).
The prior arts made of record and not relied upon are considered pertinent to applicant’s disclosure.
Hwang US PGPub: US 2013/0148526 A1 Jun. 13, 2013.
Apparatus and method for controlling group setting in device-to-device communication, where D2D group session information is generated and transmitted when a D2D group service request or a D2D group communication sensing report is received. When a D2D group session confirmation message is received according to the D2D group service request or the D2D group communication sensing report, D2D group session setup is determined to be successful. A D2D group service response message or a D2D group service start message is transmitted to at least one device belonging to a D2D group for which the D2D group session setup is completed. Thereby, centralized D2D group session management can be performed.
Peng US PGPub: US 2025/0130305 A1 Apr. 24, 2025.
A method for positioning, performed by a user equipment (UE), by receiving configuration information of a reference signal for positioning from a network, performing a measurement on the reference signal for the positioning, and reporting a measurement result of the reference signal for the positioning.
Jiang US PGPub: US 2025/0024411 A1 Jan. 16, 2025.
Method and apparatus for wireless-based sidelink positioning, the method includes determining, by a wireless device, a sidelink positioning reference signal configuration message and a sidelink communication configuration message, and determining, by the wireless device, a sensing duration for a sidelink communication transmission based on at least the sidelink positioning reference signal configuration message. The method further includes performing sensing or transmit resource selection for the sidelink communication transmission and performing another transmit resource selection for a sidelink positioning reference signal transmission, wherein a plurality of sidelink positioning reference signal occasions are scheduled by one sidelink communication occasion.
Wanuga USPGPub: US 2022/0225121 A1 Jul. 14, 2022.
Joint communication and sensing aided beam management for NR. A wireless transmit/receive unit (WTRU) may be configured to receive, from a base station (BS), configuration information for joint communication and sensing (JCS) reference signals. The configuration information may include resources for reference signal transmission and resources for measurement reporting. The WTRU may be further configured to receive, from the BS, an indication to activate a subset of the resources for JCS reference signal transmission. The WTRU may be further configured to transmit, a plurality of JCS reference signals using the activated subset of resources for reference signal transmission.
Bhamri US PGPub: US 2024/0022386 A1 Jan. 18, 2024.
Radio-based sensing in a radio access network, where the first configuration includes a time-division duplex pattern with a set of symbols for radio-based sensing and a set of symbols for data/control channels. The processor receives a second configuration from the RAN node that includes one or more of: a waveform type indication, a sub carrier spacing (“SCS”) value, a carrier bandwidth for transmission and/or reception of radio-based sensing signals, and combinations thereof. Via the transceiver the processor transmits a radio-based sensing signal and a data/control channel according to the received configurations.
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/NIMESH PATEL/Primary Examiner, Art Unit 2642
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