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 .
Response to Arguments
Applicant’s arguments and amendments, see pp. 12-18 of the response, filed June 30, 2025, with respect to the rejection(s) of claim(s) 1, 3, 7, 9, 11, 13, 16, 17, 19-21, 23, 27, 29, 31, 33, 36, 37, 39, 40 and 43-48 under § 103 have been fully considered but are not persuasive.
Regarding claim 1, Applicant asserts that the claims require “included in a single request, [] a location information type that instructs the WD to report both a positioning measurement and a position estimate.” Applicant also points out that Siomina “describes a separate transmission whereby the radio network node 110 may send the obtained location estimate to the positioning node 130.”
Importantly, the pending claim recites, “sending a request . . . that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate.” The BRI of this clause does not require that the positioning measurement and the position estimate be in the same transmission. The final clause of the claim only requires “receiving the positioning measurement and the position estimate from the identified WD.” It does not require that the measurement and estimate are received together.
For these reasons, the rejection is maintained.
To the extent that the claim may require the same transmission, a newly cited reference, U.S. Patent No. 9,510,317 teaches “(35) Additionally, in some embodiments of the present invention, a particular flag value, or a value of a second type of flag, can be used to denote whether the xSMLC and/or the xSLP provides i) a location estimate, ii) a measurement report, or iii) both a location estimate and measurement report.” (9:42-47).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 47-48 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant has introduced amendments to the claims without indicating where the original specification supported the subject matter. After reviewing the specification, it is unclear where support for these amendments is provided in the original specification.
The MPEP provides that “[w]ith respect to newly added or amended claims, applicant should show support in the original disclosure for the new or amended claims.” MPEP § 2163(II). As such, “Applicant has not pointed out where the new (or amended) claim is supported, nor does there appear to be a written description of the claim limitation ‘indicating a capability of reporting both the positioning measurement and the position estimate’ in the application as filed.” See, e.g., Hyatt v. Dudas, 492 F.3d 1365, 1370, n.4, 83 USPQ2d 1373, 1376, n.4 (Fed. Cir. 2007).
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.
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.
Claims 1, 3, 11, 13, 21, 23, 31, 33, and 43-46 are rejected under 35 U.S.C. 103 as being unpatentable over “3GPP TS 37.355 V16.0.0 (2020-03); 3rd Generation Partnership Project; Technical Specification Group Radio Access Network; LTE Positioning Protocol (LPP) (Release 16)”, consisting of 281 pages. (published in March of 2020 according to the Change History on p. 281) (hereinafter “3GPP 355”) in view of U.S. Publication No. 2014/0099970 (hereinafter “Slomina”).
Regarding claim 1, 3GPP 355 teaches: A method implemented in a network node (e.g., Section 3.1 “TP”), the method comprising: identifying a wireless device (Section 5.1.2 “Target”), WD, operating in a WD-based positioning mode (Section 6.4.1 “PositioningModes” p. 49, e.g., OTDOA-Mode p. 96) in which the WD performs positioning measurements and calculates its own position estimate (Section 6.3 “RequestLocationInformation”) based on assistance data from the network node ([0025] assistance data transmitted by positioning node to LMU; these assistance data would be provided via an Application Protocol referred to as SLmAP (SLmAP), aka Location Measurement Unit protocol (LMUp), as defined in 3GPP TS 36.456/36.459.); and receiving the at least one positioning measurement and the position estimate from the identified WD (Sections 4.1.2 - LPP Sessions and Transactions “An LPP session is used between a Location Server and the target device in order to obtain location related measurements or a location estimate or to transfer assistance data. A single LPP session is used to support a single location request (e.g., for a single MT-LR, MO-LR or NI-LR). Multiple LPP sessions can be used between the same endpoints to support multiple different location requests (as required by TS 23.271 [3]). Each LPP session comprises one or more LPP transactions, with each LPP transaction performing a single operation (capability exchange, assistance data transfer, or location information transfer); 5.3.1; and 6.3 – ProvideLocationInformation “The ProvideLocationInformation message body in a LPP message is used by the target device to provide positioning measurements or position estimates to the location server.” p. 40) (p. 39, RequestLocationinformation - The RequestLocationInformation message body in a LPP message is used by the location server to request positioning measurements or a position estimate from the target device. p. 52-53, CommonIEsProvideAssistanceData: LocationInformationType ::= ENUMERATED (locationEstimateRequired, locationMeasurementsRequired, locationEstimatePreferred, locationMeasurementsPreferred)).
3GPP 355 does not teach: sending a request, the request comprising a location information request to the WD, the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate.
However, in the same field of endeavor, Slomina teaches: sending a request ([0021] An LCS Client (e.g., an external LCS Client) sends a request to LCS Server (e.g., positioning node) to obtain location information, and LCS Server processes and serves the received requests and sends the positioning result and optionally a velocity estimate to the LCS Client; [0028] First, when a positioning request arrives from the end user to the positioning node, a decision on which positioning method to use needs to be taken.), the request comprising a location information request to the WD ([0047] Step 4: For an incoming positioning request, the UE's network measurement is firstly obtained.), the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate ([0150] The radio network node 110 sends at least the displacement information to another network node, such as the positioning node 130) and the estimate are requested; [0153] In some examples, the radio network node 110 may send the obtained location estimate to the positioning node 130)
Thus, 3GPP 355 and Slomina each disclose requesting and sending parameters related to measurements and location estimates. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the request and provided parameters of Slomina could have been substituted for the request and provided parameters of 3GPP 355 because both perform the function of retrieving data from user equipment related to location measurements and estimates. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of providing both types of parameters using the methods known in Slomina.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing parameters for user equipment location.
Regarding claim 3, 3GPP 355 teaches: wherein the network node comprises a location management function, LMF (Section 4 - Functionality of Protocol, 4.1 – General 4.1.1 - LPP configuration, – “LPP is used point-to-point between a location server (E-SMLC, LMF or SLP) and a target device (UE or SET) in order to position the target device using position-related measurements obtained by one or more reference sources. Figure 4.1.1-1 shows the configuration as applied to the control- and user-plane location solutions for E-UTRAN and NGRAN (as defined in TS 36.305 [2], TS 38.305 [40], TS 23.273 [42] and TS 23.271 [3])”).
Regarding claim 4, 3GPP 355 teaches: wherein the location information request includes a location information type, the location information type instructing the WD operating in the WD-based positioning mode to report the requested at least one positioning measurement (p. 40 - This field specifies the location information type requested by the location server and optionally other configuration information associated with the requested location information. This field should always be included in this version of the protocol.”).
Regarding claim 11, 3GPP 355 teaches: A method implemented in a wireless device (Section 5.1.2 “Target”), WD , the method comprising: operating in a WD-based positioning mode (Section 6.4.1 “PositioningModes” p. 49, e.g., OTDOA-Mode p. 96) in which the WD performs positioning measurements and calculates its own position estimate (Section 6.3 “RequestLocationInformation”) based on assistance data from the network node ([0025] assistance data transmitted by positioning node to LMU; these assistance data would be provided via an Application Protocol referred to as SLmAP (SLmAP), aka Location Measurement Unit protocol (LMUp), as defined in 3GPP TS 36.456/36.459.); and receiving the at least one positioning measurement and the position estimate from the identified WD (Sections 4.1.2 - LPP Sessions and Transactions “An LPP session is used between a Location Server and the target device in order to obtain location related measurements or a location estimate or to transfer assistance data. A single LPP session is used to support a single location request (e.g., for a single MT-LR, MO-LR or NI-LR). Multiple LPP sessions can be used between the same endpoints to support multiple different location requests (as required by TS 23.271 [3]). Each LPP session comprises one or more LPP transactions, with each LPP transaction performing a single operation (capability exchange, assistance data transfer, or location information transfer); 5.3.1; and 6.3 – ProvideLocationInformation “The ProvideLocationInformation message body in a LPP message is used by the target device to provide positioning measurements or position estimates to the location server.” p. 40) (p. 39, RequestLocationinformation - The RequestLocationInformation message body in a LPP message is used by the location server to request positioning measurements or a position estimate from the target device. p. 52-53, CommonIEsProvideAssistanceData: LocationInformationType ::= ENUMERATED (locationEstimateRequired, locationMeasurementsRequired, locationEstimatePreferred, locationMeasurementsPreferred)).
3GPP 355 does not teach: sending a request, the request comprising a location information request to the WD, the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate.
However, in the same field of endeavor, Slomina teaches: sending a request ([0021] An LCS Client (e.g., an external LCS Client) sends a request to LCS Server (e.g., positioning node) to obtain location information, and LCS Server processes and serves the received requests and sends the positioning result and optionally a velocity estimate to the LCS Client; [0028] First, when a positioning request arrives from the end user to the positioning node, a decision on which positioning method to use needs to be taken.), the request comprising a location information request to the WD ([0047] Step 4: For an incoming positioning request, the UE's network measurement is firstly obtained.), the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate ([0150] The radio network node 110 sends at least the displacement information to another network node, such as the positioning node 130) and the estimate are requested; [0153] In some examples, the radio network node 110 may send the obtained location estimate to the positioning node 130)
Thus, 3GPP 355 and Slomina each disclose requesting and sending parameters related to measurements and location estimates. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the request and provided parameters of Slomina could have been substituted for the request and provided parameters of 3GPP 355 because both perform the function of retrieving data from user equipment related to location measurements and estimates. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of providing both types of parameters using the methods known in Slomina.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing parameters for user equipment location.
Regarding claim 13, 3GPP 355 teaches: wherein receiving the request to report the at least one positioning measurement from a location management function, LMF, network node (Section 4 - Functionality of Protocol, 4.1 – General 4.1.1 - LPP configuration, – “LPP is used point-to-point between a location server (E-SMLC, LMF or SLP) and a target device (UE or SET) in order to position the target device using position-related measurements obtained by one or more reference sources. Figure 4.1.1-1 shows the configuration as applied to the control- and user-plane location solutions for E-UTRAN and NGRAN (as defined in TS 36.305 [2], TS 38.305 [40], TS 23.273 [42] and TS 23.271 [3])”).
Regarding claim 16, 3GPP 355 teaches: performing the at least one positioning measurement; and calculating the position estimate for the WD based at least in part on the at least one positioning measurement (5.3.1 Location Information Transfer procedure).
Regarding claim 21, 3GPP 355 teaches: A network node comprising processing circuitry (inherent), the processing circuitry configured to cause the network node to (e.g., Section 3.1 “TP”): identifying a wireless device (Section 5.1.2 “Target”), WD, operating in a WD-based positioning mode (Section 6.4.1 “PositioningModes” p. 49, e.g., OTDOA-Mode p. 96) in which the WD performs positioning measurements and calculates its own position estimate (Section 6.3 “RequestLocationInformation”) based on assistance data from the network node ([0025] assistance data transmitted by positioning node to LMU; these assistance data would be provided via an Application Protocol referred to as SLmAP (SLmAP), aka Location Measurement Unit protocol (LMUp), as defined in 3GPP TS 36.456/36.459.); and receiving the at least one positioning measurement and the position estimate from the identified WD (Sections 4.1.2 - LPP Sessions and Transactions “An LPP session is used between a Location Server and the target device in order to obtain location related measurements or a location estimate or to transfer assistance data. A single LPP session is used to support a single location request (e.g., for a single MT-LR, MO-LR or NI-LR). Multiple LPP sessions can be used between the same endpoints to support multiple different location requests (as required by TS 23.271 [3]). Each LPP session comprises one or more LPP transactions, with each LPP transaction performing a single operation (capability exchange, assistance data transfer, or location information transfer); 5.3.1; and 6.3 – ProvideLocationInformation “The ProvideLocationInformation message body in a LPP message is used by the target device to provide positioning measurements or position estimates to the location server.” p. 40) (p. 39, RequestLocationinformation - The RequestLocationInformation message body in a LPP message is used by the location server to request positioning measurements or a position estimate from the target device. p. 52-53, CommonIEsProvideAssistanceData: LocationInformationType ::= ENUMERATED (locationEstimateRequired, locationMeasurementsRequired, locationEstimatePreferred, locationMeasurementsPreferred)).
3GPP 355 does not teach: sending a request, the request comprising a location information request to the WD, the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate.
However, in the same field of endeavor, Slomina teaches: sending a request ([0021] An LCS Client (e.g., an external LCS Client) sends a request to LCS Server (e.g., positioning node) to obtain location information, and LCS Server processes and serves the received requests and sends the positioning result and optionally a velocity estimate to the LCS Client; [0028] First, when a positioning request arrives from the end user to the positioning node, a decision on which positioning method to use needs to be taken.), the request comprising a location information request to the WD ([0047] Step 4: For an incoming positioning request, the UE's network measurement is firstly obtained.), the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate ([0150] The radio network node 110 sends at least the displacement information to another network node, such as the positioning node 130) and the estimate are requested; [0153] In some examples, the radio network node 110 may send the obtained location estimate to the positioning node 130)
Thus, 3GPP 355 and Slomina each disclose requesting and sending parameters related to measurements and location estimates. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the request and provided parameters of Slomina could have been substituted for the request and provided parameters of 3GPP 355 because both perform the function of retrieving data from user equipment related to location measurements and estimates. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of providing both types of parameters using the methods known in Slomina.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing parameters for user equipment location.
Regarding claim 23, 3GPP 355 teaches: wherein the network node comprises a location management function, LMF (Section 4 - Functionality of Protocol, 4.1 – General 4.1.1 - LPP configuration, – “LPP is used point-to-point between a location server (E-SMLC, LMF or SLP) and a target device (UE or SET) in order to position the target device using position-related measurements obtained by one or more reference sources. Figure 4.1.1-1 shows the configuration as applied to the control- and user-plane location solutions for E-UTRAN and NGRAN (as defined in TS 36.305 [2], TS 38.305 [40], TS 23.273 [42] and TS 23.271 [3])”).
Regarding claim 31, 3GPP 355 teaches: A wireless device (Section 5.1.2 “Target”), WD, comprising processing circuitry (inherent), the processing circuitry configured to cause the WD to: operate in a WD-based positioning mode (Section 6.4.1 “PositioningModes” p. 49, e.g., OTDOA-Mode p. 96) in which the WD performs positioning measurements and calculates its own position estimate (Section 6.3 “RequestLocationInformation”) based on assistance data from the network node ([0025] assistance data transmitted by positioning node to LMU; these assistance data would be provided via an Application Protocol referred to as SLmAP (SLmAP), aka Location Measurement Unit protocol (LMUp), as defined in 3GPP TS 36.456/36.459.); and receive the at least one positioning measurement and the position estimate from the identified WD (Sections 4.1.2 - LPP Sessions and Transactions “An LPP session is used between a Location Server and the target device in order to obtain location related measurements or a location estimate or to transfer assistance data. A single LPP session is used to support a single location request (e.g., for a single MT-LR, MO-LR or NI-LR). Multiple LPP sessions can be used between the same endpoints to support multiple different location requests (as required by TS 23.271 [3]). Each LPP session comprises one or more LPP transactions, with each LPP transaction performing a single operation (capability exchange, assistance data transfer, or location information transfer); 5.3.1; and 6.3 – ProvideLocationInformation “The ProvideLocationInformation message body in a LPP message is used by the target device to provide positioning measurements or position estimates to the location server.” p. 40) (p. 39, RequestLocationinformation - The RequestLocationInformation message body in a LPP message is used by the location server to request positioning measurements or a position estimate from the target device. p. 52-53, CommonIEsProvideAssistanceData: LocationInformationType ::= ENUMERATED (locationEstimateRequired, locationMeasurementsRequired, locationEstimatePreferred, locationMeasurementsPreferred)).
3GPP 355 does not teach: sending a request, the request comprising a location information request to the WD, the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate.
However, in the same field of endeavor, Slomina teaches: sending a request ([0021] An LCS Client (e.g., an external LCS Client) sends a request to LCS Server (e.g., positioning node) to obtain location information, and LCS Server processes and serves the received requests and sends the positioning result and optionally a velocity estimate to the LCS Client; [0028] First, when a positioning request arrives from the end user to the positioning node, a decision on which positioning method to use needs to be taken.), the request comprising a location information request to the WD ([0047] Step 4: For an incoming positioning request, the UE's network measurement is firstly obtained.), the location information request includes a location information type that instructs the WD operating in the WD-based positioning mode to report both a positioning measurement and a position estimate ([0150] The radio network node 110 sends at least the displacement information to another network node, such as the positioning node 130) and the estimate are requested; [0153] In some examples, the radio network node 110 may send the obtained location estimate to the positioning node 130)
Thus, 3GPP 355 and Slomina each disclose requesting and sending parameters related to measurements and location estimates. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the request and provided parameters of Slomina could have been substituted for the request and provided parameters of 3GPP 355 because both perform the function of retrieving data from user equipment related to location measurements and estimates. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of providing both types of parameters using the methods known in Slomina.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing parameters for user equipment location.
Regarding claim 33, 3GPP 355 teaches: wherein the processing circuitry is configured to cause a network node to receive the request to report the at least one positioning measurement from a location management function, LMF, network node (Section 4 - Functionality of Protocol, 4.1 – General 4.1.1 - LPP configuration, – “LPP is used point-to-point between a location server (E-SMLC, LMF or SLP) and a target device (UE or SET) in order to position the target device using position-related measurements obtained by one or more reference sources. Figure 4.1.1-1 shows the configuration as applied to the control- and user-plane location solutions for E-UTRAN and NGRAN (as defined in TS 36.305 [2], TS 38.305 [40], TS 23.273 [42] and TS 23.271 [3])”).
Regarding claim 36, 3GPP 355 teaches: wherein the processing circuitry is further configured to cause the WD to: perform the at least one positioning measurement; and calculate the position estimate for the WD based at least in part on the at least one positioning measurement (5.3.1 Location Information Transfer procedure).
Regarding claim 43, 3GPP 355 does not teach: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate.
However, in the same field of endeavor, Slomina teaches: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate ([0206]).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing an error indication.
Regarding claim 44, 3GPP 355 does not teach: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate.
However, in the same field of endeavor, Slomina teaches: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate ([0206]).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing an error indication.
Regarding claim 45, 3GPP 355 does not teach: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate.
However, in the same field of endeavor, Slomina teaches: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate ([0206]).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing an error indication.
Regarding claim 46, 3GPP 355 does not teach: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate.
However, in the same field of endeavor, Slomina teaches: wherein the location information request includes the location information type that instructs the WD operating in the WD-based positioning mode to report an error if the WD is unable to report the positioning measurement and the position estimate ([0206]).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the techniques in Slomina for the techniques in 3GPP 355 according to known methods to yield the predictable result of providing an error indication.
Claims 7, 9, 17, 19, 20, 27, 29, 37, 39, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over the 3GPP 355 NPL in view of Slomina and further in view of U.S. Publication No. 2013/0084888 (hereinafter "Johansson”).
Regarding claim 7, the combination of 3GPP 355 and Slomina does not explicitly teach: configuring the identified WD to perform a minimization of drive test, MDT, logging.
However, in the same field of endeavor, Johansson teaches: configuring the identified WD to perform a minimization of drive test, MDT, logging (Step 58 (RRC Configuration for MDT) In step 58, base station 51 communicates Radio Resource Control (RRC) configuration information for MDT to UE/SET 50.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., configuring the WD to perform the MDT logging).
Regarding claim 9, the combination of 3GPP 355 and Slomina does not explicitly teach: wherein configuring the WD to perform MDT logging further comprises configuring the WD to include at least one positioning measurement from the MDT logging in a positioning report.
However, in the same field of endeavor, Johansson teaches: wherein configuring the WD to perform MDT logging further comprises configuring the WD to include at least one positioning measurement from the MDT logging in a positioning report ([0050] In step 64, the UE/SET 50 communicates the MDT report (including location information, if available) to base station 51 and the base station 51 logs the MDT report.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., communicating the report by sending it to the base station for dissemination and use).
Regarding claim 17, the combination of 3GPP 355 and Slomina does not explicitly teach: receiving a configuration to perform a minimization of drive test, MDT, logging.
However, in the same field of endeavor, Johansson teaches: receiving a configuration to perform a minimization of drive test, MDT, logging (Step 58 (RRC Configuration for MDT) In step 58, base station 51 communicates Radio Resource Control (RRC) configuration information for MDT to UE/SET 50.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., configuring the WD to perform the MDT logging).
Regarding claim 19, the combination of 3GPP 355 and Slomina teaches: wherein the configuration instructs the WD to include at least one positioning measurement from the MDT logging in a positioning report (p. 54, periodicalReporting { This IE indicates that periodic reporting is requested and comprises the following subfields: i - reportingAmount indicates the number of periodic location information reports requested. Enumerated values correspond to 1, 2, 4, 8, 16, 32, 64, or infinite/indefinite number of reports. If the reportingAmount is ‘infinite/indefinite’, the target device shou-Id continue periodic reporting until an LPP Abort message is received. The value 'ra1' shall not be used by a sender.).
Regarding claim 20, the combination of 3GPP 355 and Slomina does not explicitly teach: wherein reporting further comprises sending the positioning report comprising the at least one positioning measurement from the MDT logging.
However, in the same field of endeavor, Johansson teaches: wherein reporting further comprises sending the positioning report comprising the at least one positioning measurement from the MDT logging ([0050] In step 64, the UE/SET 50 communicates the MDT report (including location information, if available) to base station 51 and the base station 51 logs the MDT report.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., communicating the report by sending it to the base station for dissemination and use).
Regarding claim 27, 3GPP 355 does not explicitly teach: configuring the identified WD to perform a minimization of drive test, MDT, logging.
However, in the same field of endeavor, Johansson teaches: configuring the identified WD to perform a minimization of drive test, MDT, logging (Step 58 (RRC Configuration for MDT) In step 58, base station 51 communicates Radio Resource Control (RRC) configuration information for MDT to UE/SET 50.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., configuring the WD to perform the MDT logging).
Regarding claim 29, the combination of 3GPP 355 and Slomina does not explicitly teach: wherein configuring the WD to perform MDT logging further comprises configuring the WD to include at least one positioning measurement from the MDT logging in a positioning report.
However, in the same field of endeavor, Johansson teaches: wherein configuring the WD to perform MDT logging further comprises configuring the WD to include at least one positioning measurement from the MDT logging in a positioning report ([0050] In step 64, the UE/SET 50 communicates the MDT report (including location information, if available) to base station 51 and the base station 51 logs the MDT report.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., communicating the report by sending it to the base station for dissemination and use).
Regarding claim 37, the combination of 3GPP 355 and Slomina does not explicitly teach: receiving a configuration to perform a minimization of drive test, MDT, logging.
However, in the same field of endeavor, Johansson teaches: receiving a configuration to perform a minimization of drive test, MDT, logging (Step 58 (RRC Configuration for MDT) In step 58, base station 51 communicates Radio Resource Control (RRC) configuration information for MDT to UE/SET 50.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., configuring the WD to perform the MDT logging).
Regarding claim 39, the combination of 3GPP 355 and Slomina teaches: wherein the configuration instructs the WD to include at least one positioning measurement from the MDT logging in a positioning report (p. 54, periodicalReporting { This IE indicates that periodic reporting is requested and comprises the following subfields: i - reportingAmount indicates the number of periodic location information reports requested. Enumerated values correspond to 1, 2, 4, 8, 16, 32, 64, or infinite/indefinite number of reports. If the reportingAmount is ‘infinite/indefinite’, the target device shou-Id continue periodic reporting until an LPP Abort message is received. The value 'ra1' shall not be used by a sender.).
Regarding claim 40, the combination of 3GPP 355 and Slomina does not explicitly teach: wherein reporting further comprises sending the positioning report comprising the at least one positioning measurement from the MDT logging.
However, in the same field of endeavor, Johansson teaches: wherein reporting further comprises sending the positioning report comprising the at least one positioning measurement from the MDT logging ([0050] In step 64, the UE/SET 50 communicates the MDT report (including location information, if available) to base station 51 and the base station 51 logs the MDT report.).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify 3GPP 355 to include the feature of configuring the identified WD to perform a minimization of drive test, MDT, logging and a combination of 3GPP 355 with Johansson renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., communicating the report by sending it to the base station for dissemination and use).
Claims 47-48 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP 355 in view of Slomina and further in view of U.S. Publication No. 2018/0049215 (hereinafter “Gheorghiu”).
Regarding claim 47, the combination of 3GPP 355 and Slomina does not teach: indicating a capability of reporting both the positioning measurement and the position estimate.
However, in the same field of endeavor, Gheorghiu teaches: indicating a capability ([0067-68]) of reporting both the positioning measurement and the position estimate ([0070]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of 3GPP 355 and Slomina to include the feature of indicating a capability of reporting both the positioning measurement and the position estimate and the combination of 3GPP 355 and Slomina with Gheorghiu renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., indicating a capability of reporting both the positioning measurement and the position estimate).
Regarding claim 48, the combination of 3GPP 355 and Slomina does not teach: indicating a capability of reporting both the positioning measurement and the position estimate.
However, in the same field of endeavor, Gheorghiu teaches: indicating a capability ([0067-68]) of reporting both the positioning measurement and the position estimate ([0070]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of 3GPP 355 and Slomina to include the feature of indicating a capability of reporting both the positioning measurement and the position estimate and the combination of 3GPP 355 and Slomina with Gheorghiu renders the claim prima facie obvious within the described scope of the prior art and any indicated differences within the level of one of ordinary skill in the art (e.g., telecommunications engineer) according to a combination of known prior art elements with known methods to yield predictable results. MPEP 2143(I)(A) (e.g., indicating a capability of reporting both the positioning measurement and the position estimate).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 2018/0077679 teaches a method for reporting measurement result for determining position in wireless communication system, and device therefor
U.S. Publication No. 2020/0408871 teaches a positioning method and positioning device
U.S. Publication No. 2021/0314901 teaches SIM-based positioning
U.S. Publication no. 2012/0262335 teaches Network Coverage and Demand Maps
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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/JAB/ Examiner, Art Unit 2643
/YUWEN PAN/ Supervisory Patent Examiner, Art Unit 2649
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