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 .
Information Disclosure Statement
The references listed in the Information Disclosure Statement(s) filed on 2/12/2025 and 6/16/2026 have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B forms).
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.
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.
Claim(s) 1-4, 9, 15-16, 23 and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sahin et al. (US 2021/0111938, cited in an IDS, hereinafter “Sahin”).
Regarding claims 1, 15 and 30, Sahin discloses a wireless communication device (communications device 100, Figs. 1 and 2) for wireless communication, comprising:
a memory (memory 102, Fig 2); and
one or more processors, coupled to the memory (processor 103 in operative communication with or embody the memory 102, para. 0080-0081), configured to:
generate a chirp signal associated with performing radio frequency (RF) sensing (chirp signals implemented for short-range wireless sensing, and simultaneous radar and communications, para. 0067),
wherein the chirp signal has a waveform that is compatible with a cyclic prefix (CP) orthogonal frequency division multiplexing (OFDM) waveform used for communication (transmit plurality of chirp signals including a cyclic prefix via OFDM symbols, para. 0004-0009); and
transmit the chirp signal in association with performing RF sensing (transmit chirp signals, para. 0004; chirp signals applied for short range wireless sensing and radar applications, para. 0067).
Regarding claims 2 and 16, Sahin further discloses within one OFDM symbol, the chirp signal comprises a chirp and a CP comprising to the chirp (plurality of sequenced chip signals including a cyclic prefix, para. 0009).
Regarding claim 3, Sahin further discloses the chirp is a linear chirp (linear chirp transmissions, para. 0012).
Regarding claim 4, Sahin further discloses wherein a frequency of the chirp ramps up within the one OFDM symbol (up-chirp, para. 0005).
Regarding claims 9 and 23, Sahin further discloses within one OFDM symbol, the chirp signal comprises one or more chirps and one or more zero-padding portions (plurality of sequenced chirp signals via DFT-spreading scheme with OFDM, para. 0012, and zero padding in the DFT-s-OFDM symbol, para. 0132).
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.
Claim(s) 5, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sahin et al. (US 2021/0111938, cited in an IDS, hereinafter “Sahin”) in view of Ma et al. (US 2024/0396677).
Regarding claim 5, Sahin discloses everything applied to claim 2 above, but does not expressly disclose the chirp is a triangular chirp.
Ma et al. discloses a similar OFDM communication system that generates a transmission signal including both a communication signal and a sensing signal (para. 0004, 0032), wherein the sensing signals are composed of four sawtooth chirp signals within the time period of one symbol (para. 0061-0062, Fig. 5, sawtooth chirp signals are “triangular”).
Because both Sahin and Ma et al. disclose communication systems which transmit communication signals and sensing signals in a transmission signal, it would have been obvious to one of ordinary skill in the art, at the time the application was filed, to substitute one sensing chirp signal for another, for the predictable result of sending the four sawtooth chirp signals.
Regarding claim 6, Sahin discloses everything applied to claim 2 above, but does not expressly disclose the frequency of the chirp ramps up within the one OFDM symbol and ramps down within the one OFDM symbol.
Ma et al. discloses a similar OFDM communication system that generates a transmission signal including both a communication signal and a sensing signal (para. 0004, 0032), wherein the sensing signals are composed of four sawtooth chirp signals within the time period of one symbol (para. 0061-0062, Fig. 5, sawtooth chirp signals are “triangular” and ramp up and down within the same OFDM symbol time).
Because both Sahin and Ma et al. disclose communication systems which transmit communication signals and sensing signals in a transmission signal, it would have been obvious to one of ordinary skill in the art, at the time the application was filed, to substitute one sensing chirp signal for another, for the predictable result of sending the four sawtooth chirp signals that ramp up and down in the OFDM symbol time.
Regarding claim 8, Sahin discloses everything applied to claim 2 above, but does not expressly disclose the chirp includes multiple repetitions of a frequency pattern.
Ma et al. discloses a similar OFDM communication system that generates a transmission signal including both a communication signal and a sensing signal (para. 0004, 0032), wherein the sensing signals are composed of four sawtooth chirp signals within the time period of one symbol (para. 0061-0062, Fig. 5, sawtooth chirp signals are repeated 4 times).
Because both Sahin and Ma et al. disclose communication systems which transmit communication signals and sensing signals in a transmission signal, it would have been obvious to one of ordinary skill in the art, at the time the application was filed, to substitute one sensing chirp signal for another, for the predictable result of sending the 4 repeated sawtooth chirp signals.
Allowable Subject Matter
Claims 7 and 24-27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID S HUANG whose telephone number is (571)270-1798. The examiner can normally be reached Monday - Friday, 9:00 a.m. - 5:00 p.m., EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah Wang can be reached at (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David S Huang/Primary Examiner, Art Unit 2631 7/11/2026
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