DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. This office action is in response to the amendment filed on 09/16/2025. Claims 1, 3-4, 6-10, 14-15, 18-19, 22-23, 27 and 32 are pending in this application and have been considered below. Claims 2, 5, 11-13, 17, 20-21, 24-26 and 28-31 are cancelled by the applicant.
3. Applicant’s arguments with respect to claims 1, 15 and 27 have been considered but are moot in view of new ground(s) of rejection because of the amendments.
Specifically, the applicant’s argument with regards to “The Applicant submits that Huawei, Zhang and Akkarakaran, either alone or in combination, fail to disclose or suggest, at least, "wherein the LPP Provide Assistance Data message is to be used for UE-based positioning techniques," as recited in amended claim 1” has been moot in view of new ground(s) of rejection and new prior art Sirotkin et al. (US 20190297595) because of the amendments. See 35 USC 103 rejection below.
4. 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.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
Applicants are reminded that MPEP 2141.02 states:
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claims 1, 3, 6-10, 14-15, 18-19, 22, 27 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Huawei et al. (Enhancement to mitigate gNB and UE Rx/Tx timing error, 3GPP TSG RAN WG1 Meeting #104-e, R1-2100195, January 25th – February 5th, 2021, 9 sheets) (hereinafter Huawei) in view of ZHANG et al. (US 20210410103) (hereinafter ZHANG) and further in view of Akkarakaran et al. (US 20200264261) (hereinafter Akkarakaran) (Huawei is disclosed in the IDS filed by the applicant on 04/04/2022) and further in view of Sirotkin et al. (US 20190297595) (hereinafter Sirotkin).
Regarding claims 1:
As shown in figures 1-4, Huawei discloses one or more processor of a network component (figure 2) configured to perform operations (section 2 – 3) comprising:
receiving an indication of an effective timing error for a downlink time difference (see figure 1) of arrival (DL-TDOA) positioning technique, wherein the effective timing error is associated with one or more base stations configured to transmit positioning reference signals for the DL-TDOA; providing the effective timing error (see figure 1) to a user equipment (UE) performing operations related to the DL-TDOA (in section 3, Huawei teaches “The straightforward way to overcome the gNB Rx/Tx timing error is to introduce a calibration UE with the known location. The UE can do either traditional NR positioning procedure, and in addition, the location is also reported by the UE with extremely high confidence. After calibration, the correction data may be either stored/updated in the LMF, or forwarded to the NG-RAN or to other UEs, which is quite similar to differential positioning in GNSS. For DL-TDOA, the calibration process can be divided into the following steps, which without loss of generality, can be applicable to the UL-TDOA as well:
Step1: C-UE receives the PRS from TRP1 and TRP2, and reports the RSTD to LMF
R
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a
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=
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Step2: LMF calculates the true RSTD between TRP1 and TRP2 based on the real positions of C-UE and TRP1/2, and the real time difference (RTD) between the two TRPs
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Step3: According to the real RSTD and measurement RSTD, LMF can calculate the timing error between TRP1 and TRP2
e
=
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S
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t
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u
e
-
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Step4: When a normal UE is doing the TDOA positioning and reporting the RSTD of TRP1 and TRP2 to LMF, LMF need to compensate the timing error
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Finally, the LMF uses the compensated RSTD to estimate the UE location.
The mechanism is quite similar to the differential method for UE-based GNSS positioning, where
e
can be regarded as correction assistance data, which for UE-assisted positioning, LMF can use without notifying UE or TRPs).
Huawei discloses all of the subject matter as described above except for specifically teaching and generating, for transmission to the UE, an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier associated with multiple transmission and reception point (TRP) and the effective timing error, wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, ZHANG in the same field of endeavor teaches and generating, for transmission to the UE, associated with multiple transmission and reception point (TRP) and the effective timing error (in par 0007 ZHANG teaches “providing positioning assistance data according to the disclosure includes receiving a first positioning reference signal from a first station at a first time, receiving a second positioning reference signal from a second station at a second time, determining a reference signal timing difference (timing difference interpreted to be timing error) based at least in part on the first time and the second time, and transmitting generating positioning assistance data, such that the positioning assist assistance data is based at least in part on the reference signal timing difference”. Also in par 0006, ZHANG teaches “The positioning assistance data may be a synchronization error value”. Also see par 0008, 0034, 0088-0089, 0097). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use and modify assistance data as taught by ZHANG to modify the system and method of Huawei in order to improve the accuracy of position estimate (par 0034) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Huawei and ZHANG disclose all of the subject matter as described above except for specifically teaching an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier, wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, Akkarakaran in the same field of endeavor teaches an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier (par 0085, 0096). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use and modify assistance data identifier as taught by Akkarakaran to modify the system and method of Huawei in order to identify TRPs by an identifier (par 0096) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Huawei, ZHANG and Akkarakaran disclose all of the subject matter as described above except for specifically teaching wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, Sirotkin in the same field of endeavor teaches wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques (in par 0028 Sirotkin teaches “the present systems and methods define the Stage-3 LTE Positioning Protocol (LPP) enhancements to support UE-assisted and UE-based positioning with network assistance data”. Also see figure 4, par 0026-0028, 0037-0038). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use UE-based positioning techniques as taught by Sirotkin to modify the system and method of Huawei so that the UE determine its own location estimate based on the measurements and information about the location of the APs (par 0027) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 15:
As shown in figures 1-4, Huawei discloses one or more processor of a network component (see figure 2) configured to perform operations (section 2 – 3) comprising:
receiving an indication of an effective timing error for an uplink time difference of arrival (UL-TDOA) positioning technique, wherein the effective timing error (see figure 1) is associated with a set of base stations configured to receive positioning reference signals from a user equipment (UE) for the UL-TDOA; providing the effective timing error (see figure 1) to at least one of the set of base stations performing operations related to the UL-TDOA (in section 3, Huawei teaches “The straightforward way to overcome the gNB Rx/Tx timing error is to introduce a calibration UE with the known location. The UE can do either traditional NR positioning procedure, and in addition, the location is also reported by the UE with extremely high confidence. After calibration, the correction data may be either stored/updated in the LMF, or forwarded to the NG-RAN or to other UEs, which is quite similar to differential positioning in GNSS. For DL-TDOA, the calibration process can be divided into the following steps, which without loss of generality, can be applicable to the UL-TDOA as well:
Step1: C-UE receives the PRS from TRP1 and TRP2, and reports the RSTD to LMF
R
S
T
D
m
e
a
s
=
T
O
A
2
-
T
O
A
1
Step2: LMF calculates the true RSTD between TRP1 and TRP2 based on the real positions of C-UE and TRP1/2, and the real time difference (RTD) between the two TRPs
R
S
T
D
t
r
u
e
=
R
T
D
+
(
x
2
-
x
0
2
+
y
2
-
y
0
2
-
x
1
-
x
0
2
+
y
1
-
y
0
2
)
/
c
Step3: According to the real RSTD and measurement RSTD, LMF can calculate the timing error between TRP1 and TRP2
e
=
R
S
T
D
t
r
u
e
-
R
S
T
D
m
e
a
s
Step4: When a normal UE is doing the TDOA positioning and reporting the RSTD of TRP1 and TRP2 to LMF, LMF need to compensate the timing error
R
S
T
D
t
r
u
e
,
N
-
U
E
=
R
S
T
D
m
e
a
s
,
N
-
U
E
+
e
Finally, the LMF uses the compensated RSTD to estimate the UE location.
The mechanism is quite similar to the differential method for UE-based GNSS positioning, where
e
can be regarded as correction assistance data, which for UE-assisted positioning, LMF can use without notifying UE or TRPs).
Huawei discloses all of the subject matter as described above except for specifically teaching and generating, for transmission to the UE, an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier associated with multiple transmission and reception point (TRP) and the effective timing error, wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, ZHANG in the same field of endeavor teaches and generating, for transmission to the UE, associated with multiple transmission and reception point (TRP) and the effective timing error (in par 0007 ZHANG teaches “providing positioning assistance data according to the disclosure includes receiving a first positioning reference signal from a first station at a first time, receiving a second positioning reference signal from a second station at a second time, determining a reference signal timing difference (timing difference interpreted to be timing error) based at least in part on the first time and the second time, and transmitting generating positioning assistance data, such that the positioning assist assistance data is based at least in part on the reference signal timing difference”. Also in par 0006, ZHANG teaches “The positioning assistance data may be a synchronization error value”. Also see par 0008, 0034, 0088-0089, 0097). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use and modify assistance data as taught by ZHANG to modify the system and method of Huawei in order to improve the accuracy of position estimate (par 0034) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Huawei and ZHANG disclose all of the subject matter as described above except for specifically teaching an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier, wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, Akkarakaran in the same field of endeavor teaches an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier (par 0085, 0096). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use and modify assistance data identifier as taught by Akkarakaran to modify the system and method of Huawei in order to identify TRPs by an identifier (par 0096) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Huawei, ZHANG and Akkarakaran disclose all of the subject matter as described above except for specifically teaching wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, Sirotkin in the same field of endeavor teaches wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques (in par 0028 Sirotkin teaches “the present systems and methods define the Stage-3 LTE Positioning Protocol (LPP) enhancements to support UE-assisted and UE-based positioning with network assistance data”. Also see figure 4, par 0026-0028, 0037-0038). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use UE-based positioning techniques as taught by Sirotkin to modify the system and method of Huawei so that the UE determine its own location estimate based on the measurements and information about the location of the APs (par 0027) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claims 27:
As shown in figures 1-4, Huawei discloses one or more processor of a network component (see figure 2) configured to perform operations (section 2 – 3) comprising:
receiving an indication of an effective timing error for a multi-round trip time (m-RTT) positioning technique (see sections 3.4), wherein the effective timing error is associated with at least one base station and a user equipment (UE) configured to transmit and receive positioning reference signals for the m-RTT (see the transmit and receive positioning reference signals for the m-RTT in section 3.4); providing the effective timing error to one of the base station or the UE (in section 3, Huawei teaches “The straightforward way to overcome the gNB Rx/Tx timing error is to introduce a calibration UE with the known location. The UE can do either traditional NR positioning procedure, and in addition, the location is also reported by the UE with extremely high confidence. After calibration, the correction data may be either stored/updated in the LMF, or forwarded to the NG-RAN or to other UEs, which is quite similar to differential positioning in GNSS. For DL-TDOA, the calibration process can be divided into the following steps, which without loss of generality, can be applicable to the UL-TDOA as well:
Step1: C-UE receives the PRS from TRP1 and TRP2, and reports the RSTD to LMF
R
S
T
D
m
e
a
s
=
T
O
A
2
-
T
O
A
1
Step2: LMF calculates the true RSTD between TRP1 and TRP2 based on the real positions of C-UE and TRP1/2, and the real time difference (RTD) between the two TRPs
R
S
T
D
t
r
u
e
=
R
T
D
+
(
x
2
-
x
0
2
+
y
2
-
y
0
2
-
x
1
-
x
0
2
+
y
1
-
y
0
2
)
/
c
Step3: According to the real RSTD and measurement RSTD, LMF can calculate the timing error between TRP1 and TRP2
e
=
R
S
T
D
t
r
u
e
-
R
S
T
D
m
e
a
s
Step4: When a normal UE is doing the TDOA positioning and reporting the RSTD of TRP1 and TRP2 to LMF, LMF need to compensate the timing error
R
S
T
D
t
r
u
e
,
N
-
U
E
=
R
S
T
D
m
e
a
s
,
N
-
U
E
+
e
Finally, the LMF uses the compensated RSTD to estimate the UE location.
The mechanism is quite similar to the differential method for UE-based GNSS positioning, where
e
can be regarded as correction assistance data, which for UE-assisted positioning, LMF can use without notifying UE or TRPs).
Huawei discloses all of the subject matter as described above except for specifically teaching and generating, for transmission to the UE, an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier associated with multiple transmission and reception point (TRP) and the effective timing error, wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, ZHANG in the same field of endeavor teaches and generating, for transmission to the UE, associated with multiple transmission and reception point (TRP) and the effective timing error (in par 0007 ZHANG teaches “providing positioning assistance data according to the disclosure includes receiving a first positioning reference signal from a first station at a first time, receiving a second positioning reference signal from a second station at a second time, determining a reference signal timing difference (timing difference interpreted to be timing error) based at least in part on the first time and the second time, and transmitting generating positioning assistance data, such that the positioning assist assistance data is based at least in part on the reference signal timing difference”. Also in par 0006, ZHANG teaches “The positioning assistance data may be a synchronization error value”. Also see par 0008, 0034, 0088-0089, 0097). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use and modify assistance data as taught by ZHANG to modify the system and method of Huawei in order to improve the accuracy of position estimate (par 0034) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Huawei and ZHANG disclose all of the subject matter as described above except for specifically teaching an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier, wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, Akkarakaran in the same field of endeavor teaches an LTE Position Protocol (LPP) Provide Assistance Data message including an identifier (par 0085, 0096). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use and modify assistance data identifier as taught by Akkarakaran to modify the system and method of Huawei in order to identify TRPs by an identifier (par 0096) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Huawei, ZHANG and Akkarakaran disclose all of the subject matter as described above except for specifically teaching wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques.
However, Sirotkin in the same field of endeavor teaches wherein the LPP Provide Assistance Data message is used for UE-based positioning techniques (in par 0028 Sirotkin teaches “the present systems and methods define the Stage-3 LTE Positioning Protocol (LPP) enhancements to support UE-assisted and UE-based positioning with network assistance data”. Also see figure 4, par 0026-0028, 0037-0038). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use UE-based positioning techniques as taught by Sirotkin to modify the system and method of Huawei so that the UE determine its own location estimate based on the measurements and information about the location of the APs (par 0027) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 3:
Huawei further disclose an indication of one of the set of base stations and a panel identification of the one of the set of base stations associated with the effective timing error (see sections 3.2, 3.5.1).
Regarding claims 6 and 19:
Huawei further discloses wherein the effective timing error comprises a time stamp indicating one of when the effective timing error is valid (observation 3, section 3.2) or when the effective timing error is to be applied.
Regarding claim 7:
Huawei further discloses wherein the effective timing error comprises one of an absolute value (see effective timing error value in section 3, steps 1-4) or an accumulated value to be added to a previous provided effective timing error value.
Regarding claim 8:
Huawei further discloses receiving, from the UE, a LPP Provide Location Information message comprising an indication of a position of the UE, wherein the UE has calculated the position based on the DL- TDOA, and wherein the LPP Provide Location Information message further comprises an indication of whether the position has been calculated based on at least the effective timing error (see DL- TDOA timing error calculation in sections 2-3).
Regarding claim 9:
Huawei further discloses receiving, from the UE, a LPP Provide Location Information message comprising a received signal time difference (RSTD) measurement performed by the UE based on the DL- TDOA (figure 1, sections 2.1, 3), wherein the LPP Provide Location Information message further comprises an indication of whether the RSTD measurement has been corrected based on at least the effective timing error (see DL- TDOA RSTD measurement calculation in section 3, steps 1-4).
Regarding claim 10:
Huawei further discloses wherein receiving the effective timing error comprises: receiving, from the UE, a received signal time difference (RSTD) measurement performed by the UE based on the DL-TDOA (figure 1, sections 2.1, 3.3); receiving, from the UE, a measurement associated with a downlink angle of departure (DL-AOD) positioning technique performed by the UE (figures 1-2, sections 2.1, 3.3); and calculating the effective timing error based on at least the RSTD and the measurement associated with the DL-AOD (figure 1, sections 2.1, 3.3).
Regarding claim 14:
Huawei further discloses wherein the effective timing error is associated with the set of base stations and an antenna panel of each of the set of base stations (see set of base stations in figure 2), wherein the operations further comprise: sending, to the set of base stations, a message indicating the antenna panel from which each of the set of base stations are to transmit the positioning reference signals (section 2.2, 3, and 4).
Regarding claim 18:
Huawei further discloses wherein the providing the effective timing error comprises transmitting, to one of the set of base stations identified as a serving cell, an NR Positioning Protocol A (NRPPa) Positioning Information (NR positioning procedure interpreted to be NR Positioning Protocol A (NRPPa)) (section 3.1.1) Request message including the effective timing error (section 2 and section 3, steps 1 – 4).
Regarding claim 22:
Huawei further discloses receiving, from one of the base stations, a NRPPa Measurement Response message comprising a relative time of arrival (RTOA) measurement based on the UL-TDOA (see figure 1, section 2.1), and wherein the NRPPa Measurement Response message further comprises an indication of whether the RTOA has been corrected based on at least the effective timing error (sections 2.1, 3.3).
Regarding claim 32:
Huawei further discloses receiving, from one of the base station or the UE, a message comprising a time difference measurement associated with the m-RTT (sections 3.1.3, 3.4), wherein the message further comprises an indication of whether the time difference measurement was corrected using the effective timing error (see time difference measurement in section 3, steps 1-4).
Allowable Subject Matter
8. Claims 4 and 23 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.
9. The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, Huawei does not teach or suggest instructing one of the set of base stations to broadcast a system information block (SIB) including the effective timing error, an indication of one of the set of base stations and a panel identification of the one of the set of base stations associated with the effective timing error.
The prior art of record, Huawei also does not teach or suggest receiving, from one of the base stations, a relative time of arrival (RTOA) measurement performed by the base station based on the UL-TDOA; receiving, from the base station, a measurement associated with an uplink angle of arrival (UL-AOA) positioning technique performed by the base station; and calculating the effective timing error based on at least the RTOA and the measurement associated with the UL-AOA.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MANOLAKOS et al. (US 20220039056) disclose a user equipment (UE) provides to a location server a recommendation or request for positioning technologies and methods that may be appropriate for the environment in which the UE is located. The UE may provide the recommendation or request may be a priority list of one or more specific positioning technologies, one or more specific methods of a positioning technology, a combination thereof. The UE based prioritization for positioning may be provided unsolicited or requested by the location server. The UE based prioritization for positioning may be provided as part of a message used in current positioning protocols, such as Long Term Evolution (LTE) Positioning Protocol (LPP), e.g., by ranking information elements (IEs) associated with each positioning technology and method in the body of the message or as part of a common IE.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM.
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/KABIR A TIMORY/ Primary Examiner, Art Unit 2631