Prosecution Insights
Last updated: October 01, 2026
Application No. 19/064,406

DEVICE AND METHOD FOR JOINT COMMUNICATIONS AND SENSING SYSTEMS

Non-Final OA §103
Filed
Feb 26, 2025
Priority
Aug 26, 2022 — continuation of PCTEP2022073845
Examiner
MAKHDOOM, SAMARINA
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
95 granted / 132 resolved
+12.0% vs TC avg
Strong +29% interview lift
Without
With
+29.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
82 currently pending
Career history
202
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
73.1%
+33.1% vs TC avg
§102
23.3%
-16.7% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 132 resolved cases

Office Action

§103
DETAILED ACTION This action is in response to the initial filing filed on February 26, 2025, claim 1-20 have been examined this application. Information Disclosure Statement The Information Disclosure Statement (IDS) filed on April 4, 2025 has been acknowledged. 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 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. Claims 1-2, 4-6, 8-9, 11-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shan (US 2019/0222996 A1) in view of Rupashinghe et al (US 2017/0126309 A1) and Duan (US 2022/0252709 A1). Regarding Claim 1, Shan teaches a network device for a system configured for joint communications and radar [0034 for preferred MIMO radar is an advanced type of phased array radar comprising a plurality of antenna arrays, each of which can be independently directed], wherein the system comprises one or more first terminals that are capable of radar and communications [0034 for a dual-purpose role as a networking device for connecting to base stations and wireless terminals and as a conventional radar for generating speed, distance, and DOA estimates], and one or more second terminals that are capable of communications only [0015 for V2X communication and 0034 for a plurality (second) of wireless terminals, wherein the plurality of wireless terminals includes a plurality of multi-input multi-output radars], wherein the one or more first terminals and the one or more second terminals are connectable to the network device, and the network device is configured to [0034 for the preferred based station]: wherein each pilot signal information assigned to a respective terminal comprises [0037 for using PN code as a terminal identifier for terminal specific information]: an identification, ID, of a pilot sequence allocated to the respective terminal [0037 for unique PN codes]; and an ID of the respective terminal [0035 for pilot signal with an identifier]. Shan fails to explicitly teach obtain a list comprising pilot signal information assigned to the one or more first terminals and the one or more second terminals; and provide the list to at least one of the one or more first terminals. Rupashinge has systems for organizing data delivering unmanned aerial vehicles (abstract) and teaches obtain a list comprising pilot signal information assigned to the one or more first terminals and the one or more second terminals [0081 for pilot allocation among different groups]; and provide the list to at least one of the one or more first terminals [0081 for inter-cluster coordinator can direct the UAV-BSs to change their hovering location]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the pilot calculations as taught by Rupasinghe for the purpose of identifying which users can be grouped together (Rupesinghe, 0082). Shan fails to explicitly teach timing synchronization information between the respective terminal and the network device. Duan has a method for determining the location of an object using RF sensing (abstract) and teaches timing synchronization information between the respective terminal and the network device [0003 for configuration includes timing information for each of one or more wireless reference signals transmitted by a network entity of the wireless communications network with 0056]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the timing calculations as taught by Duan for the purpose to determine the position of an object based on time difference TOA (Duan, 0003). Regarding Claim 2, Shan teaches the pilot signal information further comprises position information of the respective terminal [0042 for initial geospatial location]. Regarding Claim 4, Shan teaches the ID of the respective terminal comprises a temporary and/or anonymized ID code [0040 for specific terminal generates a private PN code with the PN generator of the specific terminal]. Regarding Claim 5, Shan fails to explicitly teach the network device is further configured to determine one or more clusters based on beam orientation of the pilots and/or location information of the one or more first terminals and the one or more second terminals. Rupashinge has systems for organizing data delivering unmanned aerial vehicles (abstract) and teaches the network device is further configured to determine one or more clusters based on beam orientation of the pilots and/or location information of the one or more first terminals and the one or more second terminals [0081 for pilot allocation among different groups and determine location information]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the pilot calculations as taught by Rupasinghe for the purpose to identify which users can be grouped together (Rupesinghe, 0082). Regarding Claim 6, Shan fails to explicitly teach the pilot signal information further comprises a cluster ID of the respective terminal. Rupashinge has systems for organizing data delivering unmanned aerial vehicles (abstract) and teaches the pilot signal information further comprises a cluster ID of the respective terminal [0079 for inter-cluster coordinator can be responsible for identifying users that will share the same pilot resources]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the pilot calculations as taught by Rupasinghe for the purpose to identify which users can be grouped together (Rupesinghe, 0082). Regarding Claim 8, Shan teaches the network device is further configured to transmit one or more pilot signals, and the list further comprises pilot signal information transmitted by the network device [0035 and 0037 for each wireless terminal generates the public PN code, wherein the public PN code of each wireless terminal is the corresponding identifier]. Regarding Claim 9, Shan fails to explicitly teach before providing the list to the at least one of the one or more first terminals, the network device is further configured to receive, from the at least one of the one or more first terminals, a request for requesting the list. Duan has a method for determining the location of an object using RF sensing (abstract) and teaches before providing the list to the at least one of the one or more first terminals, the network device is further configured to receive, from the at least one of the one or more first terminals, a request for requesting the list [0004 for subsequent to receiving the request, receiving, at the mobile device, a configuration from a server]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the timing calculations as taught by Duan for the purpose to determine the position of an object based on time difference TOA (Duan, 0003). Regarding Claim 11, Shan fails to explicitly teach the network device is further configured to: provide the list to a further network device; and/or receive a further list from the further network device. Rupashinge has systems for organizing data delivering unmanned aerial vehicles (abstract) and teaches the network device is further configured to: provide the list to a further network device [0052 for achieve interference suppression without the requirement of CSI knowledge from other users and UAV-BSs have CSI only for their intended users and they can cooperate with each other to share user location information]; and/or receive a further list from the further network device [0076 for UAV-BSs have to cooperate with each other to achieve these benefits]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the pilot calculations as taught by Rupasinghe for the purpose to cooperate with each other to achieve benefits (Rupesinghe, 0076). Regarding Claim 12, Shan teaches a first terminal for a system configured for joint communications and radar [0034 for preferred MIMO radar is an advanced type of phased array radar comprising a plurality of antenna arrays, each of which can be independently directed], wherein the system comprises a network device and one or more second terminals that are capable of communications only [0034 for a dual-purpose role as a networking device for connecting to base stations and wireless terminals and as a conventional radar for generating speed, distance, and DOA estimates], wherein the first terminal and the one or more second terminals are connectable to the network device [0015 for V2X communication and 0034 for a plurality (second) of wireless terminals, wherein the plurality of wireless terminals includes a plurality of multi-input multi-output radars], and wherein the first terminal is capable of radar and communications, and configured to [0034 for preferred base stations]: and perform radar sensing taking account of the pilot signal information comprised in the list [0036 for arbitrary radar compares the ambient signal to the corresponding identifier of each wireless terminal in order to identify at least one origin terminal], wherein each pilot signal information assigned to a respective terminal comprises:- an identification, ID, of a pilot sequence allocated to the respective terminal [0037 for unique PN codes]; and an ID of the respective terminal [0035 for pilot signal with an identifier]. Shan fails to explicitly teach receive, from the network device, a list comprising pilot signal information assigned to the first terminal and at least one of the one or more second terminals. Rupashinge has systems for organizing data delivering unmanned aerial vehicles (abstract) and teaches receive, from the network device, a list comprising pilot signal information assigned to the first terminal and at least one of the one or more second terminals [0081 for pilot allocation among different groups]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the pilot calculations as taught by Rupasinghe for the purpose to identify which users can be grouped together (Rupesinghe, 0082). Shan fails to explicitly teach timing synchronization information between the respective terminal and the network device. Duan has a method for determining the location of an object using RF sensing (abstract) and teaches timing synchronization information between the respective terminal and the network device [0003 for configuration includes timing information for each of one or more wireless reference signals transmitted by a network entity of the wireless communications network with 0056]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the timing calculations as taught by Duan for the purpose to determine the position of an object based on time difference TOA (Duan, 0003). Regarding Claim 13, Shan teaches for performing the radar sensing, the first terminal is further configured to: and determine whether the one or more echo signals match one or more pilot signals defined in the list [0036 for radar with ambient signal]. Shan fails to explicitly teach receive one or more echo signals over radar. Duan has a method for determining the location of an object using RF sensing (abstract) and teaches receive one or more echo signals over radar [0003 for configuration includes timing information for each of one or more wireless reference signals transmitted by a network entity of the wireless communications network with 0056]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the timing calculations as taught by Duan for the purpose to determine the position of an object based on time difference TOA (Duan, 0003). Regarding Claim 14, Shan teaches for performing the radar sensing, the first terminal is further configured to send a pilot signal over radar based on pilot signal information that is comprised in the list and is assigned to the first terminal [0035 for each wireless terminal broadcasts a beacon pilot signal, wherein the beacon pilot signal includes the corresponding identifier and terminal-specific information]. Regarding Claim 15, Shan teaches after determining that there is one or more of the one or more echo signals matching the one or more pilot signals defined in the list [0036 for arbitrary radar is any radar from the plurality of MIMO radars], the first terminal is configured to: perform radar sensing based on the matched one or more echo signals received over radar [0047 for MIMO radar derives the spatial coordinates of the surrounding wireless terminals and objects from the reflected beacon pilot signal]. Regarding Claim 16, Shan fails to explicitly teach the first terminal is further configured to provide location information to the network device. Duan has a method for determining the location of an object using RF sensing (abstract) and teaches the first terminal is further configured to provide location information to the network device [0003 for configuration includes timing information for each of one or more wireless reference signals transmitted by a network entity of the wireless communications network with 0056]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the timing calculations as taught by Duan for the purpose to determine the position of an object based on time difference TOA (Duan, 0003). Regarding Claim 18, Shan teaches a method for a system configured for joint communications and radar [0034 for preferred MIMO radar is an advanced type of phased array radar comprising a plurality of antenna arrays, each of which can be independently directed], wherein the system comprises one or more first terminals that are capable of radar and communications [0034 for a dual-purpose role as a networking device for connecting to base stations and wireless terminals and as a conventional radar for generating speed, distance, and DOA estimates], and one or more second terminals that are capable of communications only [0015 for V2X communication and 0034 for a plurality (second) of wireless terminals, wherein the plurality of wireless terminals includes a plurality of multi-input multi-output radars], wherein the one or more first terminals and the one or more second terminals are connectable to a network device, and wherein the method comprises [0034 for preferred base stations], wherein each pilot signal information assigned to a respective terminal comprises:- an identification, ID, of a pilot sequence allocated to the respective terminal [0037 for unique PN codes]; and- an ID of the respective terminal [0035 for pilot signal with an identifier]. Shan fails to explicitly teach obtaining by a network device, a list comprising pilot signal information assigned to the one or more first terminals and the one or more second terminals, and providing, by the network device, the list to at least one of the one or more first terminals,. Rupashinge has systems for organizing data delivering unmanned aerial vehicles (abstract) and teaches obtaining, by a network device, a list comprising pilot signal information assigned to the one or more first terminals and the one or more second terminals [0081 for pilot allocation among different groups] and providing, by the network device, the list to at least one of the one or more first terminals, [0081]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the pilot calculations as taught by Rupasinghe for the purpose to identify which users can be grouped together (Rupesinghe, 0082). Shan fails to explicitly teach timing synchronization information between the respective terminal and the network device. Duan has a method for determining the location of an object using RF sensing (abstract) and teaches timing synchronization information between the respective terminal and the network device; [0003 for configuration includes timing information for each of one or more wireless reference signals transmitted by a network entity of the wireless communications network with 0056]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the timing calculations as taught by Duan for the purpose to determine the position of an object based on time difference TOA (Duan, 0003). Regarding Claim 19, Shan teaches the pilot signal information further comprises position information of the respective terminal or an expiration time of the pilot signal information [0042 for initial geospatial location]. Regarding Claim 20, Shan teaches the ID of the respective terminal comprises a temporary and/or anonymized ID code [0040 for specific terminal generates a private PN code with the PN generator of the specific terminal]. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Shan (US 2019/0222996 A1) in view of Rupashinghe et al (US 2017/0126309 A1) and Duan (US 2022/0252709 A1), as applied to Claim 1 above, and further in view of Frenger et al (US 2021/0092549 A1). Regarding Claim 3, Shan fails to explicitly teach the pilot signal information further comprises an expiration time of the pilot signal information. Frenger has a solution for providing differentiated positioning services in a wireless communication system (abstract) and teaches the pilot signal information further comprises an expiration time of the pilot signal information [0043 and claim 1 for request may comprise a parameter, which is invalid after the expiry of the predefined period of time]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the pilot expiration calculations as taught by Frenger for the purpose to ensure the wireless device will need a key to be able to obtain encoded position (Fregner, 0043). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shan (US 2019/0222996 A1) in view of Rupashinghe et al (US 2017/0126309 A1) and Duan (US 2022/0252709 A1), as applied to Claim 1 above, and further in view of Manolakos et al (US 2021/0377698 A1). Regarding Claim 7, Shan fails to explicitly teach the pilot signal information further comprises a network device ID. Manolakos has a method for reporting, in support of positioning a UE, information about consistencies of positioning reference signal (abstract) and teaches the pilot signal information further comprises a network device ID [0063 for a TRP identifier can include an integer that identifies the TRP locally to the UE]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the identification calculations as taught by Manolakos for the purpose of including the timestamp of the measurement during UE reporting (Manolakos, 0063). Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shan (US 2019/0222996 A1) in view of Rupashinghe et al (US 2017/0126309 A1) and Duan (US 2022/0252709 A1), as applied to Claim 1 and 12 above, and further in view of Yuan et al (US 2020/0052850 A1). Regarding Claim 10, Shan fails to explicitly teach the network device is further configured to send a request to each of the one or more first terminals for updating and/or removing a part or all of the pilot signal information comprised in the list. Yuan has a reference signal sending method, a base station, and user equipment, to relieve a problem of low utilization of time-frequency resources (abstract) and teaches the network device is further configured to send a request to each of the one or more first terminals for updating and/or removing a part or all of the pilot signal information comprised in the list [0122 for base station instructs the neighboring cell to stop using the configured time-frequency resource to send the downlink reference signal to the UE]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the signal list calculations as taught by Yuan for the purpose of sending the downlink reference signal to the UE (Yuan, 0122). Regarding Claim 17, Shan fails to explicitly teach the first terminal is further configured to: receive a request from the network device for updating and/or deleting a part or all of the pilot signal information comprised in the list; and update and/or delete a part or all of the pilot signal information comprised in the list according to the request. Yuan has a reference signal sending method, a base station, and user equipment, to relieve a problem of low utilization of time-frequency resources (abstract) and teaches the first terminal is further configured to: receive a request from the network device for updating and/or deleting a part or all of the pilot signal information comprised in the list [0123 for notifies the neighboring cell of the measurement termination time]; and update and/or delete a part or all of the pilot signal information comprised in the list according to the request [0122 for neighboring cell stops using the previously configured time-frequency resource]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the joint communication techniques, as disclosed by Shan, further including the signal list calculations as taught by Yuan for the purpose of sending the downlink reference signal to the UE (Yuan, 0122). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al (US 2022/0026551 A1) has a single sided beam management in a millimeter wave communication system for use in bistatic radio frequency sensing. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time. 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, Resha Desai can be reached on 571-270-7792 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. /SAMARINA MAKHDOOM/ Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Feb 26, 2025
Application Filed
Aug 15, 2025
Response after Non-Final Action
Sep 02, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12742893
Device for determining the attitude of a carrier, and associated system for assisting with the piloting of a carrier and determination method
3y 1m to grant Granted Sep 22, 2026
Patent 12744326
RADIO WAVE ABSORBER FOR HIGH-FREQUENCY COMMUNICATION DEVICE
2y 5m to grant Granted Sep 22, 2026
Patent 12738665
RADIO WAVE ABSORBER AND RADIO WAVE ABSORBING COMPOSITION
4y 6m to grant Granted Sep 15, 2026
Patent 12736655
SENSOR FUSION-BASED GCS FOR AESA RADAR VIA ADAPTIVE PATTERN NULL FORMING
3y 0m to grant Granted Sep 15, 2026
Patent 12736622
CALIBRATION APPARATUS AND METHOD OF VERIFYING THE POSITIONING OF A CALIBRATION DEVICE
2y 6m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+29.3%)
3y 0m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 132 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month