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 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 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea under the broadest reasonable interpretation without significantly more.
Independent claims 1 and 20 are directed to transmitting or receiving information and are regarded as process that is a mental process and not directed towards ptent eligible subject matter under 35 U.S.C. 101.
Claim Rejections - 35 USC § 112
Claims 1-30 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.
Claims 1, 12, 20 and 30 recites phase measurement error which is based on true value and true value is unknown and therefore error is unknown and transmitting error is not enabling The claim(s) contains subject matter “receiving/transmitting phase measurement error” 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.
Dependent claims also rejected since they depend on rejected respective independent claims.
Claim Rejections - 35 USC § 112
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.
Claims 1-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 12, 20 and 30 recites phase measurement error which is vague and indefinite. Error is based on true value and true value is unknown and therefore error is unknown and transmitting error is vague and indefinite. The transmitting device must know the value of the error before transmitting and it is not known how the device knows the error. If the true value is known then there is no need to find the error. Since no measurement device is perfect, and therefore, it is also not clear how the phase measurement information is different from phase measurement error.
Claim Rejections - 35 USC § 102
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)(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) 1-2, 12-13, 20-22, 30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ren et al. (hereinafter Ren)(US 2023/0180040).
Regarding claim 1, Ren teaches a method of wireless communication performed by a positioning node in a cellular positioning system, comprising:
receiving, from one or more assisting nodes, phase measurement information and a phase measurement error comprising an uncertainty value associated with an uncertainty or estimation error of one or more carrier phase measurements obtained by the one or more assisting nodes(claim 1, carrier phase positioning reference signal; reporting the phase measurement quantity; claim 10-11; reporting measurement quality indication information and measurement confidence information; measurement quality information error value, error resolution (estimation value of uncertainty); P[0222], UE report the positioning measurement to LMF).
Regarding claim 2, Ren teaches the method of claim 1, further comprising: resolving integer cycle information associated with the one or more carrier phase measurements based at least in part on the phase measurement error; and estimating a location associated with a target user equipment (UE) based at least in part on the integer cycle information associated with the one or more carrier phase measurements(P[0043-0051], reporting resolution of integer ambiguity; resolution of whole cycle phase value; P0056], performing position calculation of the terminal).
Claims 12-13 are rejected for the same reason as set forth in claims 1, 3 respectively.
Claims 20-22 and 30 are rejected for the same reason as set forth in claims 1-3 and 1 respectively.
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.
Claim(s) 3-10, 14-19, 23-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren et al. (hereinafter Ren)(US 2023/0180040) in view of Lopez (hereinafter Lopez)(US 2024/0039611).
Regarding claim 3, Ren teaches all the particulars of the claim except wherein the phase measurement error is associated with two or more carriers. However, Lopez teaches in an analogous art wherein the phase measurement error is associated with two or more carriers(P0009], double carrier transmissions; can be extended to more than two; P[0010], carrier phase measurement error). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to use the method wherein the phase measurement error is associated with two or more carriers in order to have improved precision.
Regarding claim 4, Ren in view of Lopez teaches the method of claim 3, wherein the phase measurement error includes a value, a range, or a distribution associated with an uncertainty or estimation error of the one or more carrier phase measurements(Lopez: P[0011], standard deviation of the phase measurement error; P[0209], Gaussian distribution).
Regrading claim 5, Ren in view of Lopez teaches the method of claim 3, wherein the phase measurement error includes one or more uncertainties or one or more estimation errors that are caused by one or more of a phase noise, a phase center variation, or a signal measurement error(Lopez: P[0159], phase noise; P[0211], beam direction changes with UE moving).
Regarding claim 6, Ren in view of Lopez teaches wherein the phase measurement error related information is associated with one or more of a positioning frequency layer, a component carrier, a bandwidth part, or a frequency sub-band(P[0200], multiple RF chains; multiple beam pairs).
Regarding claim 7, Ren in view of Lopez teaches the method, wherein the phase measurement error related information is received from the one or more assisting nodes in one or more measurement reports that include the one or more carrier phase measurements for the two or more carriers(P0009], double carrier transmissions; can be extended to more than two; P[0010], carrier phase measurement error).
Regarding claim 9, Ren in view of Lopez teaches the method of claim 3, wherein the positioning node is a location management function and the one or more assisting nodes include one or more of the target UE or a transmit receive point (Ren: Fig. 4, LMF, UE ).
Regarding claim 10, Ren in view of Lopez teaches the method, further comprising: configuring at least a carrier for a positioning reference signal based at least in part on the phase measurement error related information associated with the one or more carrier phase measurements(Ren: P[0287], phase measurement and delay measurement no longer reported). Report; P[0283], error resolution).
Regarding claim 11, Ren in view of Lopez teaches the method of claim 10, wherein the positioning node is the target UE and the one or more assisting nodes include one or more of a transmit receive point or a reference UE (Lopez: Fig. 9; UE may determine the location itself).
Claims 14-19 are rejected for the same reason as set forth in claims 4-7, 9 and 11 respectively.
Claims 23-29 are rejected for the same reason as set forth in claims 4-10 respectively.
Response to Arguments
Applicant's arguments filed 6/3/2026 have been fully considered but they are moot in view of new grounds of rejection.
Applicant argued about error but has not provided the at least two values required for the measurement error since the true value is unknown.
Applicant’s argument with respect to claim rejections are moot in view of new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUTHUSWAMY GANAPATHY MANOHARAN whose telephone number is (571)272-5515. The examiner can normally be reached 6:30am-3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T Slater can be reached on 571-270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUTHUSWAMY G MANOHARAN/Primary Examiner, Art Unit 2647
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