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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/16/2026 has been entered.
Response to Arguments
2. Applicant's arguments, filed on 06/16/2026 with respect to pending claims in the remarks, have been considered but are moot in view of the new ground(s) of rejection.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-2, 4-6, 12-14, 17-21, 24 and 27 are rejected under 35 U.S.C. 103(a) as being unpatentable over Jen (US 2010/0323720), (hereinafter, Jen) in view of Khoryaev et al., (US 2022/0110085), (hereinafter, Khoryaev).
Regarding claim 1, Jen discloses a method for positioning of a wireless communications device performed by a network node (= using UE for handling position measurement, see [0080]), comprising:
determining uplink positioning resources dedicated for uplink-based positioning (= receive an uplink grant assigned by a network, see [0082]; with the assigned uplink grant, transmit positioning measurement report at the resource of the assigned grant, see [0084]; and the assigned uplink grant may be scheduled for the measurement report, see [0086]), the uplink positioning resources being usable by the wireless communications device to transmit an uplink reference signal to facilitate uplink-based positioning of the wireless communications device (= receive an uplink grant assigned by a network, see [0082]; and with the assigned uplink grant, transmit positioning measurement report at the resource of the assigned grant, see [0084]); and
transmitting, to the wireless communications device while the wireless communications device is in connected mode, positioning configuration information indicating at least the uplink positioning resources to be used by the wireless communications device (= assigned UL grant may be configured in a positioning configuration associated with the positioning measurement, assigned upon request by the UE, see [0086]),
and wherein the positioning configuration information is valid for the wireless communications device while within a cell of the network node or a group of cells including the network node (= base station generates reference signal, see [0046]).
Jen explicitly fails to mention facilitating of uplink-based positioning while the wireless communications device is in an “idle mode” or inactive mode and “wherein uplinkbased positioning involves one or more network nodes measuring the uplink reference signal transmitted by the wireless communications device.”
However, Khoryaev, which is an analogous art equivalently discloses that an idle/inactive or connected UE that does not have system information on DL PRS can provide a positioning request (MsgA) to a serving gNB; gNB can indicate configuration to the UE via Positioning Response carrier in MsgB; and the positioning response can contain UL SRS/PRS transmission resources (resource ID), their type (periodic/semi-persistent/aperiodic) and UL SRS/PRS sequence ID etc (see, [0061 and 0054]); and at 316, the serving gNB can provided the calculated coordinate to a UE, see [0062]) and
“wherein uplinkbased positioning involves one or more network nodes measuring the uplink reference signal transmitted by the wireless communications device”(= after transmission of UL PRS by the UE at 514, the gNB sends measurement report based on UL PRS to the location Function at 516, see [0066]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 2, as mentioned in claim 1, Jen explicitly fails to disclose the method, wherein the uplink positioning resources dedicated for uplink-based positioning in idle mode specify at least one of a time/frequency resource allocated to the uplink positioning resources, a time offset relative to a reference time, a periodicity of the uplink positioning resources, a duration of the uplink positioning resources, or a sequence identifier of the uplink positioning resources.
However, Khoryaev which is an analogous art equivalently discloses the method, wherein the uplink positioning resources dedicated for uplink-based positioning in idle mode specify at least one of a time/frequency resource allocated to the uplink positioning resources, a time offset relative to a reference time, a periodicity of the uplink positioning resources, a duration of the uplink positioning resources, or a sequence identifier of the uplink positioning resources (see, [0061]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 4, as mentioned in claim 1, Jen further discloses the method wherein the uplink positioning resources are specific to the wireless communications device (see, [0025, 0045 and 0051]).
Regarding claim 5, as mentioned in claim 1, Jen further discloses the method wherein the uplink positioning resources are assigned to a group of wireless communications devices that includes the wireless communications devic(see, [0025, 0045 and 0051]).
Regarding claim 6, as mentioned in claim 1, Jen further discloses the method wherein the positioning configuration information further indicates uplink data resources for downlink-based positioning measurement results, and wherein the method further comprises receiving downlink-based measurement information from the wireless communications device using the uplink data resources (see, 0048-49]).
Regarding claim 12, as mentioned in claim 1, Jen explicitly fails to disclose that the method further comprising transmitting an activation signal to the wireless communications device to initiate uplink-based positioning of the wireless communications device while in idle mode.
However, Khoryaev which is an analogous art equivalently disclose that the method further comprising transmitting an activation signal to the wireless communications device to initiate uplink-based positioning of the wireless communications device while in idle mode (see, [0063]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 13, Jen discloses a method for facilitating positioning of a device performed by a wireless communications device(= using UE for handling position measurement, see [0080]),, comprising:
receiving positioning configuration information from a network node, wherein the positioning configuration information configures the wireless communications device for uplink-based positioning, and the positioning configuration information includes at least uplink positioning resources dedicated for uplink-based positioning (= receive an uplink grant assigned by a network, see [0082]; with the assigned uplink grant, transmit positioning measurement report at the resource of the assigned grant, see [0084]; and the assigned uplink grant may be scheduled for the measurement report, see [0086]).
Jen explicitly fails to mention the claimed limitations of: “performing downlink measurements of one or more network nodes; identifying a serving cell based on the downlink measurements; verifying validity of the positioning configuration information, wherein verifying the validity of the positioning configuration information includes comparing the identity of the identified serving with corresponding positioning configuration information; and performing a positioning operation while in idle or inactive mode in accordance with the positioning configuration information”.
However, Khoryaev, which is an analogous art equivalently disclose the claimed limitations of:
“performing downlink measurements of one or more network nodes (= different set of DL/UL reference signals used for measurement of signal location parameter in RAT, see [0050-51] and location function entity can provide DL PRS resource, see [0063]);
identifying a serving cell based on the downlink measurements (= location function entity can provide DL PRS resource to serving gNB, see [0063]);
verifying validity of the positioning configuration information, wherein verifying the validity of the positioning configuration information includes comparing the identity of the identified serving with corresponding positioning configuration information (= location function entity can provide DL PRS resource to serving gNB; and UE transmits to the serving gNB DL PRS measurement report, see [0063]);; and
performing a positioning operation while in idle or inactive mode in accordance with the positioning configuration information”(= location function provides the calculated coordinate, see [0063 and 0044-45]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 14, as mentioned in claim 13, Jen explicitly fails to disclose that the method wherein the uplink positioning resources dedicated for uplink-based positioning in idle or inactive mode specify at least one of a time/frequency resource allocated to the uplink positioning resources, a time offset relative to a reference time, a periodicity of the uplink positioning resources, a duration of the uplink positioning resources, or a sequence identifier of the uplink positioning resources.
However, Khoryaev which is an analogous art equivalently disclose the method wherein the uplink positioning resources dedicated for uplink-based positioning in idle or inactive mode specify at least one of a time/frequency resource allocated to the uplink positioning resources, a time offset relative to a reference time, a periodicity of the uplink positioning resources, a duration of the uplink positioning resources, or a sequence identifier of the uplink positioning resources (see, [0069]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 17, as mentioned in claim 13, Jen explicitly fails to disclose that the method wherein the positioning configuration information further indicates downlink positioning resources and wherein performing the positioning operation further includes measuring downlink reference signals transmitted by one or more network nodes in accordance with the downlink positioning resources.
However, Khoryaev which is an analogous art equivalently disclose the method wherein the positioning configuration information further indicates downlink positioning resources and wherein performing the positioning operation further includes measuring downlink reference signals transmitted by one or more network nodes in accordance with the downlink positioning resources (see, [0069]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 18, as mentioned in claim 17, Jen explicitly fails to disclose that the method wherein the positioning configuration information indicates a timing relationship between resources for the downlink reference signals and resources for the uplink reference signals.
However, Khoryaev which is an analogous art equivalently disclose the method wherein the positioning configuration information indicates a timing relationship between resources for the downlink reference signals and resources for the uplink reference signals (see, [0064]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 19, as mentioned in claim 13, Jen explicitly fails to disclose that the method further comprising selecting one or more transmit beams for the uplink reference signals.
However, Khoryaev which is an analogous art equivalently disclose that the method further comprising selecting one or more transmit beams for the uplink reference signals (see, [0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 20, as mentioned in claim 19, Jen explicitly fails to disclose the method wherein selecting the one or more transmit beams is based on receive beams of the wireless communications device associated with downlink reference signals.
However, Khoryaev which is an analogous art equivalently disclose the method wherein selecting the one or more transmit beams is based on receive beams of the wireless communications device associated with downlink reference signals (see, [0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 21, as mentioned in claim 17, Jen explicitly fails to disclose that the method further comprising transmitting downlink based measurement information based on measurements of the downlink reference signals received.
However, Khoryaev which is an analogous art equivalently disclose that the method further comprising transmitting downlink based measurement information based on measurements of the downlink reference signals received (see, [0063 and 0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 24, as mentioned in claim 13, Jen explicitly fails to disclose the method wherein the positioning configuration information indicates one or more network nodes participating in the positioning operation.
However, Khoryaev which is an analogous art equivalently disclose that the method wherein the positioning configuration information indicates one or more network nodes participating in the positioning operation (see, [0063 and 0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Regarding claim 27, as mentioned in claim 13, Jen explicitly fails to disclose that the method further comprising: receiving an activation signal from the network node; and initiating the positioning operation upon receiving the activation signal.
However, Khoryaev which is an analogous art equivalently disclose that the method further comprising: receiving an activation signal from the network node; and initiating the positioning operation upon receiving the activation signal (see, [0063 and 0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Khoryaev with Jen for the benefit of achieving a communication system that includes procedures for an optimized positioning mechanism for UEs in RRC_IDLE of RRC_INACTIVE state, whereby the mechanism helps to reduce latency between a positioning request and coordinated estimation; and helps to spend less power for positioning related signaling as well as spectrum resources.
Allowable Subject Matter
4. Claim 22 is 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
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kwasi Karikari whose telephone number is
571-272-8566.The examiner can normally be reached on M-Sat (6am – 10pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Charles Appiah can be reached on 571-272-7904.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8566.
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/Kwasi Karikari/
Primary Examiner: Art Unit 2641.
Prosecution Insights