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 04/17/2026. Claims 1-31, 36 and 41-48 are pending in this application and have been considered below. Claims 32-35 and 37-40 are canceled by the applicant.
3. The claim interpretation under 35 USC 112(f) of claims 11, 16, and 19 is acknowledged by the amendment. Therefore, the claim interpretation under 35 USC 112(f) of 11, 16, and 19 remains unchanged. See below for details.
4. Applicant’s arguments with respect to claims 1, 11, 21 and 31 have been considered but are moot in view of new ground(s) of rejection because of the amendments.
Claim Interpretation
5. 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.
6. The claims (11, 16, and 19) 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.
7. 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 (1) “sidelink measuring means for measuring a first sidelink positioning reference signal received from via the transceiver from a second user equipment separate from the first user equipment, the first sidelink positioning reference signal having a first sidelink channel configuration; or sending means for sending a second sidelink positioning reference signal via the transceiver to a third user equipment separate from the first user equipment, the second sidelink” in claim 11; (2) “means for receiving positioning information, from the transceiver, received by the transceiver from another user equipment via a sidelink channel, based on the sent second sidelink positioning reference signal; and means for sending the received positioning information to a network entity” in claim 16; and (3) “means for determining positioning information based on the measured first sidelink positioning reference signal; and means for sending the positioning information to a network entity” in claim 19 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.
8. 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 § 102
9. 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.
10. Claims 1-3, 6, 9, 11-13, 16, 19, 21-23, 26, 29, 31, 36, 41 and 44-48 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KEATING et al. (US 20220393820) (hereinafter KEATING).
Regarding claims 1, 11, 21 and 31:
As shown in figures 1-9, KEATING discloses a first user equipment (see figures 1-2) configured for wireless signal transfer (see wireless signal exchange in figures 1-2), the first user equipment (see figures 1-2) comprising:
a transceiver (840 in figure 8) configured to transmit outbound signals wirelessly and receive inbound signals wirelessly (par 0129);
memory (820 in figure 8); and
one or more processors (810 in figure 8), communicatively coupled to the transceiver (701/702 in figure 8) and the memory (820 in figure 8) (par 0128-0134), and configured to at least one of:
measure a first sidelink positioning reference signal received via the transceiver from a second user equipment separate from the first user equipment, the first sidelink positioning reference signal having a first sidelink channel configuration; or
send a second sidelink positioning reference signal via the transceiver (see step 2015 in figure 2) to a third user equipment (first device 110-1 in figure 2 interpreted to be a third user equipment) separate from the first user equipment (second device 120 in figure 2 interpreted to be the first user equipment), the second sidelink positioning reference signal having a second sidelink channel configuration (par 0053).
KEATING also disclose “a non-transitory, processor-readable storage medium” as recited in claim 31 (par 0131-0134).
Regarding claims 2, 12, and 22:
KEATING further discloses the one or more processors are configured to:
send the second sidelink positioning reference signal with one of:
an uplink positioning reference signal format,
a downlink positioning reference signal format (see the DL PRS in step 2015 in figure 2),
a sidelink synchronization signal format,
a sidelink channel state information reference signal format,
a sidelink phase tracking reference signal format, or
a sidelink demodulation reference signal format.
Regarding claims 3, 13, and 23:
KEATING further discloses all of the subject matter as described above except for specifically teaching wherein the one or more processors are configured to:
measure the first sidelink positioning reference signal with the first sidelink positioning reference signal having one of:
an uplink positioning reference signal format,
a downlink positioning reference signal format (see step 2022-2025 in figure 2),
a sidelink synchronization signal format,
a sidelink channel state information reference signal format,
a sidelink phase tracking reference signal format, or
a sidelink demodulation reference signal format.
Regarding claims 6, 16, 26 and 36:
KEATING further discloses receive positioning information (2022 in figure 2), received by the transceiver from another user equipment (110-2 in figure 2) via a sidelink channel (see figure 2), based on the sent second sidelink positioning reference signal (2020 in figure 2); and
send the received positioning information to a network entity (see 130 in figure 1).
Regarding claims 9, 19, and 29:
KEATING further discloses determine positioning information based on the first sidelink positioning reference signal (see step 2023-2040 in figure 2); and send the positioning information to a network entity via the transceiver (see base station 130 in figure 1) (see the transmission between devices 110 and base station 130 n figure 1).
Regarding claim 41:
KEATING further discloses receive an uplink channel configuration (2022 in figure 2); and measure an uplink positioning reference signal received via the transceiver from a fourth user equipment (110-2 in figure 2) (2030-2040 in figure 2) separate from the first user equipment (110-1 in figure 2) based on the received uplink channel configuration (par 0049-0054).
Regarding claim 44:
KEATING further discloses send, to a network entity via the transceiver, positioning information based on the measured uplink positioning reference signal and the received uplink channel configuration (see uplink positioning reference signal information transmission between devices in figure 2).
Regarding claim 45:
KEATING further discloses receive, from a network entity (130 in figure 2) via the transceiver, the first sidelink channel configuration (see uplink positioning reference signal information transmission between devices in figure 2), wherein, to measure the first sidelink positioning reference signal, the one or more processors are configured to: measure the first sidelink positioning reference signal based on the received first sidelink channel configuration (see steps 2030-2040 in figure 2).
Regarding claim 46:
KEATING further discloses send, to the network entity via the transceiver, positioning information based on the measured first sidelink positioning reference signal and the received first sidelink channel configuration (see steps 2030-2075 in figure 2.
Regarding claim 47:
KEATING further discloses receive, from a network entity (130 in figure 2) via the transceiver, the second sidelink channel configuration (2020 in figure 2), wherein, to second the second sidelink positioning reference signal (par 0052-0054), the one or more processors are configured to: send the second sidelink positioning reference signal based on the received second sidelink channel configuration (par 0052-0054).
Regarding claim 48:
KEATING further discloses receive, from the third user equipment (2020 in figure 2) via the transceiver, positioning information associated with the sent second sidelink positioning reference signal (par 0052-0054); and send, to the network entity via the transceiver, at least a portion of the received positioning information based on the received second sidelink channel configuration (par 0052-0054).
Claim Rejections - 35 USC § 103
11. 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.
12. 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.
13. Claims 4-5, 14-15 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over KEATING in view of Baek et al. (US 20220416976) (hereinafter Baek).
Regarding claims 4, 14, and 24:
KEATING discloses all of the subject matter as described above except for specifically teaching send the second sidelink positioning reference signal with at least one of resource repetition or beam sweeping.
However, Baek in the same field of endeavor teaches send the second sidelink positioning reference signal with at least one of resource repetition (par 0180-0192) or beam sweeping. Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use sidelink positioning reference signal resource allocation as taught by Baek to modify the system and method of KEATING in order to efficiently use PSFCH resources of the system (par 0034) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claims 5, 15, and 25:
KEATING discloses all of the subject matter as described above except for specifically teaching wherein teaches wherein send the second sidelink positioning reference signal with at least one resource of the second sidelink positioning reference signal muted.
However, Baek in the same field of endeavor teaches wherein send the second sidelink positioning reference signal (par 0177-0178, 0182-0190) with at least one resource of the second sidelink positioning reference signal muted (off interpreted to be muting. Par 0177-0178). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use sidelink positioning reference signal resource allocation as taught by Baek to modify the system and method of LI in order to efficiently use PSFCH resources of the system (par 0034) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
14. Claims 7-8, 10, 17-18, 20, 27-28, 30 and 42-43 are rejected under 35 U.S.C. 103 as being unpatentable over KEATING in view of REN et al. (US 20220407639) (hereinafter REN).
Regarding claims 7, 17, and 27:
KEATING discloses all of the subject matter as described above except for specifically teaching receive assistance data from the transceiver; and at least one of:
measure the first sidelink positioning reference signal based on the assistance data, or
measure an uplink positioning reference signal received via the transceiver from a fourth user equipment separate from the first user equipment based on the assistance data, the uplink positioning reference signal having an uplink channel configuration.
However, REN in the same field of endeavor teaches receive assistance data from the transceiver (see figure 2, par 0007-0012); and at least one of:
measure the first sidelink positioning reference signal based on the assistance data (par 0007-0012), or
measure an uplink positioning reference signal received via the transceiver from a fourth user equipment separate from the first user equipment based on the assistance data, the uplink positioning reference signal having an uplink channel configuration.
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use assistance data as taught by REN to modify the system and method of KEATING in order to obtain positioning measurements (par 0012) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claims 8, 18, and 28:
KEATING discloses all of the subject matter as described above except for specifically teaching wherein the assistance data comprise an expected reference signal time difference value and an uncertainty of the expected reference signal time difference value corresponding to the first sidelink positioning reference signal or corresponding to the uplink positioning reference signal.
However, REN in the same field of endeavor teaches wherein the assistance data comprise an expected reference signal time difference value and an uncertainty of the expected reference signal time difference value (see Observed Time Difference Of Arrival (OTDOA) in par 0003-0012) corresponding to the first sidelink positioning reference signal or corresponding to the uplink positioning reference signal (par 0007-0012). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use assistance data as taught by REN to modify the system and method of KEATING in order to obtain positioning measurements (par 0012) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claims 10, 20, and 30:
KEATING discloses all of the subject matter as described above except for specifically teaching send the second sidelink positioning reference signal associated with at least one of a user equipment identification, corresponding to the first user equipment, or a cell identification.
However, REN in the same field of endeavor teaches send the second sidelink positioning reference signal associated with at least one of a user equipment identification (par 0204). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use assistance data as taught by REN to modify the system and method of KEATING in order to provide positioning scheme for the system (par 0204) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 42:
KEATING discloses all of the subject matter as described above except for specifically teaching receive, from the transceiver, assistance data, wherein, to measure the uplink positioning reference signal, the processor is configured to: measure the uplink positioning reference signal further based on the received assistance data.
However, REN in the same field of endeavor teaches receive, from the transceiver, assistance data (par 0007-0012), wherein, to measure the uplink positioning reference signal, the processor is configured to: measure the uplink positioning reference signal further based on the received assistance data (see steps 1-10 in figure 2, par 0007-0012). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use assistance data as taught by REN to modify the system and method of KEATING in order to obtain positioning measurements (par 0012) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 43:
KEATING discloses all of the subject matter as described above except for specifically teaching wherein the assistance data comprises an expected reference signal time difference value and an uncertainty of the expected reference signal time difference value corresponding to the uplink positioning reference signal.
However, REN in the same field of endeavor teaches wherein the assistance data comprises an expected reference signal time difference value and an uncertainty of the expected reference signal time difference value corresponding to the uplink positioning reference signal (see step 10 in figure 2, par 0007-0012, 0308). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use assistance data as taught by REN to modify the system and method of KEATING in order to obtain positioning measurements (par 0012) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Conclusion
15. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Siomina et al. (US 9253677) disclose a method for enhancing network positioning measurement performance, wherein uplink measurement is a measurement performed on radio signals configured for a wireless device by a first network node, and wherein the first network node is different from a measuring node. Information is obtained about a plurality of measurement occasions in which the wireless device is scheduled to transmit one or more configured radio signals, wherein a measurement occasion comprises one or more time and/or frequency resources. Information is also obtained about uncertain measurement occasions, wherein an uncertain measurement occasion comprises one of the plurality of measurement occasions in which the wireless device may or may not transmit the one or more configured radio signals. A radio signal measurement is selectively performed based on the obtained information and the radio signals received from the wireless device, and is used for determining positioning of the wireless device.
16. 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.
17. 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
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