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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/24/2022 and 01/21/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because figures 24-27 label elements 2430, 2530, 2630 and 2730 as “E-SLMC”. However, “E-SLMC” is not defined in the specification. Instead, “enhanced serving mobile location center (E-SMLC)” is defined (see paragraph 0211 of the speciation as filed). Therefore, elements 2430, 2530, 2630 and 2730 should be labeled as “E-SMLC” to be consistent with the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in paragraphs 0027 of the specification SGC was used in place of 5GC. Also E-SLMC was used instead of E-SMLC in paragraphs [0304, 0305, 306, 307, 308, 310, 315, 316, 317, 318, 319, 320, 323, 327, 330, 331, 332, 339, 340, 341, 342, 343, 344, 350, ]
Appropriate correction is required.
Claim Objections
Claim 19 objected to because of the use of “UE”: Regarding the term "UE", any abbreviation or shortened representations of a term should be spelled out completely upon its first use in each claim branch (e.g. user equipment (UE)). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 16 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, 16 and 19 recites “the at least one device”. This limitation lacks antecedent basis. This rejection may be overcome by amending the claim to recite “the at least one other device”.
Claims 1 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 16 recites “wherein the at least one device comprises at least one UE”. The limitation “at least one UE” includes the UE that performs the steps in the claim. Therefore, it is unclear how the claimed UE transmits and receives messages from itself (“at least one device comprises at least one UE”). This rejection maybe overcome by amending the claims to recite “wherein the at least one other device comprises at least one other UE”.
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.
In 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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev et al, (U.S. PGPub 2016/0095092), Khoryaev hereinafter, in view of Gunnarsson et al. (U.S. PGPub 2020/0344713), Gunnarsson hereinafter.
Regarding Claims 1, 16 and 19, Khoryaev teaches a method of operating a user equipment (UE) in a wireless communication system, the method comprising: transmitting a first message requesting addition of a positioning reference signal (PRS) source; (paragraphs 0017 and 0018 - In another possible implementation, a UE may include … with a cellular network; and transmit, via the Sidelink channel, location beacons that include signal location parameters that relate to information relevant to UE location determination, the location beacons being transmitted using designated radio spectrum resources, the location beacons including at least one of: positioning reference signals that communicate signal location parameters that are determined based on timing of propagation of radio signals, or payload data that encodes the signal location parameters. In another implementation, a UE-implemented method may include: connecting with a cellular network; connecting with a one or more additional mobile devices via Sidelink connections with the one or more additional UEs; receiving, from the cellular network, information allocating a portion of radio spectrum resources, as radio spectrum resources that are dedicated to exchanging signal location parameters that relate to information relevant to mobile device location determination; receiving, via one of the Sidelink connections and using the allocated portion of the radio spectrum resources, one or more of the signal location parameters; and determining, based on the received one or more of the signal location parameters, a location of the mobile device.) receiving a second message including information related to at least one other device to transmit a PRS; (paragraph 0018 - In another implementation, a UE-implemented method may include: connecting with a cellular network; connecting with a one or more additional mobile devices via Sidelink connections with the one or more additional UEs; receiving, from the cellular network, information allocating a portion of radio spectrum resources, as radio spectrum resources that are dedicated to exchanging signal location parameters that relate to information relevant to mobile device location determination; receiving, via one of the Sidelink connections and using the allocated portion of the radio spectrum resources, one or more of the signal location parameters; and determining, based on the received one or more of the signal location parameters, a location of the mobile device.) receiving at least one PRS transmitted by the at least one other device through a resource allocated by a base station; (Fig. 1 and paragraphs 0034 and 0035 - Process 200 may include configuring spectrum, in the D2D communications (i.e., in the Sidelink channels), to use for location determination (block 210). For example, UEs 110-114 may be configured to use certain Long Term Evolution (LTE) frames and/or subframes in which signal location parameters may be exchanged. In one implementation, the configuration information may be broadcast, or otherwise transmitted, via wireless network 120, to UEs 110-114. The configuration information may serve to allocate spectrum resources, associated with the Sidelink channels, through which signal location parameters may be transmitted. A “signal location parameter,” as used herein, may refer to any parameter that may be used as a factor in determining the location of a UE. Signal location parameters may be communications through signals transmitted between base station 125 and UEs 110-114 and/or signals transmitted via Sidelink channels between UEs 110-114.)
Yet, Khoryaev does not expressly teach performing an operation for positioning based on the at least one PRS, wherein the at least one device comprises at least one UE.
However, in the analogous art, Gunnarsson explicitly discloses performing an operation for positioning based on the at least one PRS, wherein the at least one device comprises at least one UE (paragraphs 0089 and 0090 - In order to perform the first set of operations the second device 120 is configured to, in a step S208, estimate characteristic properties from the received positioning reference signal. Examples of such characteristic properties and how they may be estimated will be provided below. In order to perform the first set of operations the second device 120 is further configured to, in a step S210, report the estimated characteristic properties and an association thereof with the first device to a network node 140 in the communications network. … )
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Khoryaev’s Resource allocation and use for device-to-device assisted positioning in wireless cellular technologies to include Gunnarsson‘s performance of operation based on PRS, because it provides the benefit of one device helping in estimating the positioning reference signal (PRS) of another (Gunnarsson 0090).
Claims 2 – 6 and 21 - 25 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev et al, (U.S. PGPub 2016/0095092), Khoryaev hereinafter, in view of Gunnarsson et al. (U.S. PGPub 2020/0344713), Gunnarsson hereinafter and further in view of Goyal et al, (U.S. PGPub 2022/0295442), Goyal hereinafter.
Regarding Claims 2 and 21, Khoryaev in view of Gunnarsson teaches claims 1 and 16.
Yet, Khoryaev in view of Gunnarsson does not expressly teach wherein the first message is transmitted to the base station through another UE connected to the UE through a sidelink, in case that the UE is out of coverage of the base station.
However, in the analogous art, Goyal explicitly discloses wherein the first message is transmitted to the base station through another UE connected to the UE through a sidelink, in case that the UE is out of coverage of the base (paragraph 0103 - Autonomous WTRU group positioning techniques may be provided. One or more of the following may apply. An out-of-coverage WTRU may perform positioning measurements on reference signals (RSs) received from in-coverage WTRU(s) or other out-of-coverage WTRU(s). An out-of-coverage WTRU may send a report that includes the out-of-coverage WTRU's measurement results (e.g., angle of arrival (AOA), Rx-Tx time difference, RSRP, etc.) to a reference in-coverage or out-of-coverage WTRU (e.g., using pre-configured sidelink resources). The out-of-coverage WTRU may monitor for measurement reports from one or more other out-of-coverage WTRUs on the pre-configured sidelink resources. The out-of-coverage WTRU may include measurement results of other out-of-coverage WTRUs in the out-of-coverage WTRU's report to a reference WTRU. The out-of-coverage WTRU may derive the measurement results of other WTRUs with respect to the out-of-coverage WTRU's own reference (e.g., position, time, etc.) and use the derived value to send the measurement to the reference WTRU.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Khoryaev’s Resource allocation and use for device-to-device assisted positioning in wireless cellular technologies to include Goyal‘s sidelink use for transmission of message to out of coverage terminal, because it provides the benefit of getting the positioning of out of coverage terminal (Goyal 0103).
Regarding Claims 3 and 22, Khoryaev in view of Gunnarsson teaches claims 1 and 16.
Yet, Khoryaev in view of Gunnarsson does not expressly teach wherein the second message comprises information related to a plurality of PRS source candidates, and wherein the at least one other UE is at least one PRS source selected based on a reliability coefficient among the plurality of PRS source candidates.
However, in the analogous art, Goyal explicitly discloses wherein the second message comprises information related to a plurality of PRS source candidates, and wherein the at least one other UE is at least one PRS source selected based on a reliability coefficient among the plurality of PRS source candidates (paragraph 0177 - An in-coverage WTRU may compute a position (e.g., the absolute position) of one or more out-of-coverage WTRUs (e.g., WTRUs from which the in-coverage WTRU receives measurement results). The in-coverage WTRU may send the position estimation information back to the out-of-coverage WTRU (e.g., the WTRU, from which the measurements results were received) using the sidelink. The configuration of the sidelink resources may be provided to in-coverage WTRUs from the serving BS, for example, via RRC or DCI (e.g., scrambled with in coverage WTRU's SL-RNTI).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Khoryaev’s Resource allocation and use for device-to-device assisted positioning in wireless cellular technologies to include Goyal‘s use of sidelink for transmission and reception of message to multiple terminal, because it provides the benefit of getting more accurate positioning by using and choosing from multiple signal source (Goyal 0177).
Regarding Claims 4 and 23, Khoryaev in view of Gunnarsson and further in view of Goyal teaches claims 3 and 22.
Gunnarsson further teaches wherein the reliability coefficient is determined based on the number of mobile nodes among PRS sources used for positioning of a UE notified as a PRS source candidate. (paragraph 0096 - There may be different kinds of positioning determination algorithms to determine the position of the second device 120, depending on the availability and characteristic properties measurements of the positioning reference signals. Typically, each such measurement, denoted y.sub.k, k=1, . . . , K, where K is the number of measurements, is associated to a model that includes the unknown position p of the second device 120 and a known position associated to a positioning reference signal p.sub.k. The model may also include a model error e.sub.k to describe the expected error in the model, for example an additive error: … )
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Khoryaev’s Resource allocation and use for device-to-device assisted positioning in wireless cellular technologies to include Gunnarsson ‘s use of multiple measurement and algorithms in determination of positioning, because it provides the benefit of getting more accurate positioning (Gunnarsson 0096).
Regarding Claims 5 and 24, Khoryaev in view of Gunnarsson teaches claims 1 and 16.
Yet, Khoryaev in view of Gunnarsson does not expressly teach further comprising: receiving assistance data for positioning from a positioning server; attempting to receive PRSs based on the assistance data; and determining that the number of PRS sources satisfying a condition is less than a threshold, based on a measurement result for the PRSs.
However, in the analogous art, Goyal explicitly discloses further comprising: receiving assistance data for positioning from a positioning server; (paragraph 0097 - The uplink (e.g., UTDOA) positioning techniques may be performed using the measured timing at multiple network location measurement units (LMU), which may be based on uplink signals transmitted from the WTRU. The LMU may measure the timing of the received signals using assistance data received from the positioning server, and the resulting measurements may be used to estimate the location of the WTRU.) attempting to receive PRSs based on the assistance data; (paragraph 0097 - The uplink (e.g., UTDOA) positioning techniques may be performed using the measured timing at multiple network location measurement units (LMU), which may be based on uplink signals transmitted from the WTRU. The LMU may measure the timing of the received signals using assistance data received from the positioning server, and the resulting measurements may be used to estimate the location of the WTRU.) and determining that the number of PRS sources satisfying a condition is less than a threshold, based on a measurement result for the PRSs (paragraph 0146 - … The event may be triggered if, e.g., while actively performing/monitoring positioning measurements and reporting, the anchor WTRU determines that the anchor WTRU is unable to perform accurate measurements to estimate the anchor WTRU's location (e.g., the anchor WTRU does not listen to or is not capable of listening to a threshold number of base stations, more than one or two BSs for example) (e.g., determined by the ability of the anchor WTRU to monitor downlink measurements from one or more neighboring BSs). The anchor WTRU may indicate the determination that the anchor WTRU is unable to be configured (e.g., unable to continue to be configured) as an anchor WTRU to the network. A threshold (e.g., RSRP threshold) may be used to determine whether an anchor WTRU is able to listen to a BS (e.g., unable to receive communication from a BS). … )
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Khoryaev’s Resource allocation and use for device-to-device assisted positioning in wireless cellular technologies to include Goyal‘s use of assistance data from positioning server, because it provides the benefit of getting more accurate positioning (Goyal 0097).
Regarding Claims 6 and 25, Khoryaev in view of Gunnarsson teaches claims 1 and 16.
Yet, Khoryaev in view of Gunnarsson does not expressly teach wherein the first message comprises at least one of an indicator for a request to add a PRS source, the number of necessary PRS sources, a cause of determining lack of PRS sources or information related to recently received PRSs.
However, in the analogous art, Goyal explicitly discloses wherein the first message comprises at least one of an indicator for a request to add a PRS source, the number of necessary PRS sources, a cause of determining lack of PRS sources or information related to recently received PRSs (paragraph 0152 - The configuration to perform measurements by a target WTRU may be transmitted by a positioning server (e.g., a group positioning request to a target WTRU, for example as shown in FIG. 8). The configuration may be transmitted to the target WTRU using a control plane positioning protocol or a data plane positioning protocol (e.g., SUPL, LPP, NRPP). A message that includes the configuration to perform sidelink based group positioning (e.g., as described herein) may be defined for positioning protocols between the positioning server and a WTRU (e.g., SUPL, LPP, NRPP). The communication between the positioning server and the serving BS to enable the configuration of the target WTRU may be provided.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Khoryaev’s Resource allocation and use for device-to-device assisted positioning in wireless cellular technologies to include Goyal‘s use of sidelink for transmission of positioning configuration message, because it provides the benefit of getting more accurate positioning (Goyal 0177).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes:
U.S. PGPUB 2022/0103973 which describes Location Services (Lcs) Client in A Next Generation (Ng) Radio Access Network (Ran)
U.S. PGPUB 2019/0239181 which describes Communication Nodes and Methods for Implementing a Positioning-Related Signalling Exchange
U.S. PGPUB 2019/0230618 which describes Using Sidelink Information in Radio-Based Positioning
U.S. PGPUB 2020/0154240 which describes Methods and Systems for On-Demand Transmission of a Positioning Reference Signal in a Wireless Network
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYODELE LAWRENCE OLUBODUN whose telephone number is (571)270-5462. The examiner can normally be reached 8.00am - 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Meng Vang can be reached on 5712707023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.L.O./Examiner, Art Unit 4137
/MENG VANG/Supervisory Patent Examiner, Art Unit 2472