DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. 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 Amendment/Remarks
II. This action is in response to applicants amendment/arguments filed on February 5, 2025. This action is made FINAL.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
III. Claims 1-4 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cha (US 2021/0006372 A1) in view of Akkarakaran et al. (US 2020/0351047 A1).
Regarding claim 1 Cha teaches a method, performed by a base station (BS), of positioning (see paragraphs [0161] & [0218], A 5G system applicable to positioning of a UE connected to an NG-RAN including the BS may transmit PRS resource configuration to the UE. This reads on a method, performed by a base station (BS), of positioning) the method comprising: defining a resource set comprising a plurality of positioning resources (see paragraphs [0218] & [0222], The BS may transmit PRS resource configuration to the UE. A PRS configuration may include one or more PRSs configured as a PRS resource set. This reads on defining a resource set comprising a plurality of positioning resources); configuring a user equipment (UE) with the resource set (see paragraphs [0218] & [0223] and Fig. 18, The BS may transmit PRS resource configuration to the UE. A PRS configuration may include one or more PRSs configured as a PRS resource set. This reads on configuring a user equipment (UE) with the resource set); and using the plurality of positioning resources (see paragraphs [0218] & [0223] and Fig. 18, The BS may transmit PRS resource configuration to the UE. A PRS configuration may include one or more PRSs configured as a PRS resource set. This reads on using the plurality of positioning resources).
Cha does not specifically teach the positioning resources being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both.
Akkarakaran teaches positioning resources being phase-coherent positioning resources (see abstract and paragraphs [0133] & [0141], The base station indicates that the UE is capable of maintaining phase coherence for positioning reference signals PRS. The downlink signals of a set of multiple downlink signals are phase coherent. This reads on positioning resources being phase-coherent positioning resources) that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both (see paragraph [0141], The base station may indicate to the UE which downlink signals of a set of multiple downlink signals (of a set of multiple downlink signals) can be assumed to be phase coherent. The UE may then receive one or more PRSs. The multiple downlink signals of a set of multiple downlink symbols indicated as being phase coherent reads on phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions because the downlink signals are considered multiple consecutive transmissions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the positioning resources in Cha adapt to include being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both because using coherent signals can improve the positioning accuracy by improving measurements in the downlink and uplink directions (see Akkarakaran, paragraph [0185]).
Regarding claim 2 Cha teaches wherein defining the resource set comprising a plurality of positioning resources comprising defining positioning reference signal (PRS) resources, sounding reference signal (SRS) resources, or a combination thereof (see paragraphs [0218] & [0223] and Fig. 18, The BS may transmit PRS resource configuration to the UE. A PRS configuration may include one or more PRSs configured as a PRS resource set. This reads on wherein defining the resource set comprising a plurality of positioning resources comprising defining positioning reference signal (PRS) resources, sounding reference signal (SRS) resources, or a combination thereof). Akkarakaran teaches positioning resources being phase-coherent (see paragraph [0133]), The base station indicates that the UE is capable of maintaining phase coherence for the PRS. The UE may transmit phase coherent uplink PRS. This reads on positioning resources being phase-coherent).
Regarding claim 3 Cha teaches using the plurality of positioning resources comprises transmitting PRS signals using the PRS resources (see Cha, paragraph [0218] and Fig. 18, transmitting the PRS resource set reads on using the plurality of positioning resources comprises transmitting PRS signals using the PRS resources), receiving SRS signals on SRS resources, or a combination thereof (see paragraph [0205], The eNB may use a UL signal such as a SRS and this reads on receiving SRS signals on SRS resources, or a combination thereof). Akkarakaran teaches positioning resources being phase-coherent (see paragraph [0133]), The base station indicates that the UE is capable of maintaining phase coherence for the PRS. The UE may transmit phase coherent uplink PRS. This reads on positioning resources being phase-coherent).
Regarding claim 4 Cha teaches using the plurality of positioning resources comprises using the plurality of positioning resources for sensing, for positioning, or for both (see paragraphs [0002] & [0161], a 5G system applicable to positioning of a UE connected to an NG-RAN reads on using the plurality of positioning resources comprises using the plurality of positioning resources for positioning). Akkarakaran teaches positioning resources being phase-coherent (see abstract and paragraph [0133], The UE is capable of maintaining phase coherence for a PRS that spans multiple component carriers. This reads on positioning resources being phase-coherent).
Regarding claim 16 Cha teaches a base station (BS), comprising: a memory (104, Fig. 29); at least one transceiver (106, Fig. 29); and at least one processor (102, Fig. 29) (see paragraphs [0413] – [0414]) communicatively coupled to the memory and the at least one transceiver (see Fig. 29), the at least one processor configured to: define a resource set comprising a plurality of positioning resources (see paragraphs [0218] & [0222], The BS may transmit PRS resource configuration to the UE. A PRS configuration may include one or more PRSs configured as a PRS resource set. This reads on defining a resource set comprising a plurality of positioning resources); configure a user equipment (UE) with the resource set (see paragraphs [0218] & [0223] and Fig. 18, The BS may transmit PRS resource configuration to the UE. A PRS configuration may include one or more PRSs configured as a PRS resource set. This reads on configuring a user equipment (UE) with the resource set); and use the plurality of positioning resources (see paragraphs [0218] & [0223] and Fig. 18, The BS may transmit PRS resource configuration to the UE. A PRS configuration may include one or more PRSs configured as a PRS resource set. This reads on using the plurality of positioning resources).
Cha does not specifically teach the positioning resources being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both.
Akkarakaran teaches positioning resources being phase-coherent positioning resources (see abstract and paragraphs [0133] & [0141], The base station indicates that the UE is capable of maintaining phase coherence for positioning reference signals PRS. The downlink signals of a set of multiple downlink signals are phase coherent. This reads on positioning resources being phase-coherent positioning resources) that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both (see paragraph [0141], The base station may indicate to the UE which downlink signals of a set of multiple downlink signals (of a set of multiple downlink signals) can be assumed to be phase coherent. The UE may then receive one or more PRSs. The multiple downlink signals of a set of multiple downlink symbols indicated as being phase coherent reads on phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions because the downlink signals are considered multiple consecutive transmissions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the positioning resources in Cha adapt to include being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both because using coherent signals can improve the positioning accuracy by improving measurements in the downlink and uplink directions (see Akkarakaran, paragraph [0185]).
Regarding claim 17 Cha and Akkarakaran teach limitations as recited in claim 2 and therefore claim 17 is rejected for the same reasons given above.
Regarding claim 18 Cha and Akkarakaran teach limitations as recited in claim 3 and therefore claim 18 is rejected for the same reasons given above.
Regarding claim 19 Cha and Akkarakaran teach limitations as recited in claim 4 and therefore claim 19 is rejected for the same reasons given above.
IV. Claims 5-9 and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Cha (US 2021/0006372 A1) in view of Akkarakaran et al. (US 2020/0351047 A1) and Xiao (US 2014/0349582 A1).
Regarding claim 5 Cha and Akkarakaran teaches the method of claim 1 except for wherein defining the resource set comprises defining the resource set in response to receiving, from a network entity, a request to define the phase-coherent positioning resources.
Xiao teaches receiving, from a network entity, a request to define the positioning resources (see paragraphs [0180] – [0181], The eSMLC requests the eNB to report the PRS configuration information to the eSMLC. This reads on receiving, from a network entity, a request to define the positioning resources).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Cha and Akkarakaran combination adapt to include defining the resource set in response to receiving, from a network entity, a request to define the phase-coherent positioning resources because Cha indicates that both the location server and BS can transmit the PRS resource configuration information and it may allow for more efficient resource signaling in certain situations (see Xiao, paragraph [0002]).
Regarding claim 6 Cha teaches wherein receiving the request to define positioning resources comprises receiving a request that specifies at least one property of the positioning resources and wherein defining the resource set comprises defining a resource set comprising a plurality of positioning resources having the at least one property (see paragraph [0222], To configure a specific PRS for a UE by a PRS configuration parameter, a PRS resource group set may be defined. A PRS configuration may include a configuration of a PRS resource ID, an occupied bandwidth, a periodicity, and the number of consecutive slots carrying a PRS, for each PRS resource. This reads on wherein receiving the request to define positioning resources comprises receiving a request that specifies at least one property of the positioning resources and wherein defining the resource set comprises defining a resource set comprising a plurality of positioning resources having the at least one property).
Regarding claim 7 Cha teaches wherein the at least one property of the positioning resources comprises: a bandwidth of the positioning resources; a periodicity of the positioning resources; a phase-coherence granularity of the positioning resources; or a combination thereof (see paragraph [0222], see paragraph [0222], To configure a specific PRS for a UE by a PRS configuration parameter, a PRS resource group set may be defined. A PRS configuration may include a configuration of a PRS resource ID, an occupied bandwidth, a periodicity, and the number of consecutive slots carrying a PRS, for each PRS resource. This reads on wherein the at least one property of the positioning resources comprises: a bandwidth of the positioning resources; a periodicity of the positioning resources; or a combination thereof).
Regarding claim 8 Akkarakaran teaches phase-coherence granularity of phase-coherent positioning resources comprises phase-coherence over time, phase-coherence over space, or phase-coherence over time and space (see paragraphs [0133] and [0185], Phase coherence for a PRS that spans multiple component carriers reads on phase-coherence granularity of phase-coherent positioning resources comprises phase-coherence over time, phase-coherence over space, or phase-coherence over time and space).
Regarding claim 9 Akkarakaran teaches wherein defining the resource set comprises defining the resource set based on a capability of the UE to support phase-coherent positioning resources (see paragraphs [0133] & [0185], a capability indicator that indicates that the UE is capable of maintaining phase coherence for a PRS that spans multiple component carriers reads on wherein defining the resource set comprises defining the resource set based on a capability of the UE to support phase-coherent positioning resources).
Regarding claim 20 Cha, Akkarakaran, and Xiao teach limitations as recited in claim 5 and therefore claim 20 is rejected for the same reasons given above.
Regarding claim 21 Cha, Akkarakaran, and Xiao teach limitations as recited in claim 6 and therefore claim 21 is rejected for the same reasons given above.
Regarding claim 22 Cha, Akkarakaran, and Xiao teach limitations as recited in claim 7 and therefore claim 22 is rejected for the same reasons given above.
Regarding claim 23 Cha, Akkarakaran, and Xiao teach limitations as recited in claim 8 and therefore claim 23 is rejected for the same reasons given above.
Regarding claim 24 Cha, Akkarakaran, and Xiao teach limitations as recited in claim 9 and therefore claim 24 is rejected for the same reasons given above.
V. Claim 10-11 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (US 2014/0349582 A1) in view of Akkarakaran et al. (US 2020/0351047 A1)
Regarding claim 10 Xiao teaches a method, performed by a network entity, of positioning (see abstract and paragraphs [0173] & [0180] and Fig. 14, A positioning method for a user equipment including an eSMLC requesting PRS configuration reads on a method, performed by a network entity, of positioning), the method comprising: sending, to a base station (BS) that serves a user equipment (UE), a request for a resource set comprising a plurality of positioning resources (see paragraph [0178] & [0180] and Fig. 14, The eSMLC requests the eNB to report the PRS time difference and its own PRS configuration information reads on sending, to a base station (BS) that serves a user equipment (UE), a request for a resource set comprising a plurality of positioning resources); receiving from the BS, the resource set comprising the plurality of positioning resources (see paragraph [0181] and Fig. 14, the eNB reporting its own PRS configuration information and the PRS time difference information to the eSMLC reads on receiving from the BS, the resource set comprising the plurality of positioning resources); and sending, to the UE, the resource set comprising the plurality of positioning resources (see paragraph [0183] and Fig. 14, the eSMLC sending the PRS information to the UE reads on sending, to the UE, the resource set comprising the plurality of positioning resources).
Xiao does not specifically teach the positioning resources being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both.
Akkarakaran teaches positioning resources being phase-coherent positioning resources (see abstract and paragraphs [0133] & [0141], The base station indicates that the UE is capable of maintaining phase coherence for positioning reference signals PRS. The downlink signals of a set of multiple downlink signals are phase coherent. This reads on positioning resources being phase-coherent positioning resources) that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both (see paragraph [0141], The base station may indicate to the UE which downlink signals of a set of multiple downlink signals (of a set of multiple downlink signals) can be assumed to be phase coherent. The UE may then receive one or more PRSs. The multiple downlink signals of a set of multiple downlink symbols indicated as being phase coherent reads on phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions because the downlink signals are considered multiple consecutive transmissions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the positioning resources in Xiao adapt to include being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both because using coherent signals can improve the positioning accuracy by improving measurements in the downlink and uplink directions (see Akkarakaran, paragraph [0185]).
Regarding claim 11 Xiao teaches wherein defining the resource set comprising a plurality of positioning resources comprising defining positioning reference signal (PRS) resources, sounding reference signal (SRS) resources, or a combination thereof (see paragraph [0181] and Fig. 14, the eNB reporting its own PRS configuration information and PRS time differential information indicates that PRS resources are configured and reads on wherein defining the resource set comprising a plurality of positioning resources comprising defining positioning reference signal (PRS) resources, sounding reference signal (SRS) resources, or a combination thereof).
Regarding claim 25 Xiao teaches a network entity, comprising: a memory; at least one transceiver; and at least one processor (e.g. computer) communicatively coupled to the memory and the at least one transceiver (see paragraph [0053] and Fig. 17), the at least one processor configured to: send, to a base station (BS) that serves a user equipment (UE), a request for a resource set comprising a plurality of positioning resources (see paragraph [0178] & [0180] and Fig. 14, The eSMLC requests the eNB to report the PRS time difference and its own PRS configuration information reads on sending, to a base station (BS) that serves a user equipment (UE), a request for a resource set comprising a plurality of positioning resources); receive from the BS, the resource set comprising the plurality of positioning resources (see paragraph [0181] and Fig. 14, the eNB reporting its own PRS configuration information and the PRS time difference information to the eSMLC reads on receiving from the BS, the resource set comprising the plurality of positioning resources); and send, to the UE, the resource set comprising the plurality of positioning resources (see paragraph [0183] and Fig. 14, the eSMLC sending the PRS information to the UE reads on sending, to the UE, the resource set comprising the plurality of positioning resources).
Xiao does not specifically teach the positioning resources being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both.
Akkarakaran teaches positioning resources being phase-coherent positioning resources (see abstract and paragraphs [0133] & [0141], The base station indicates that the UE is capable of maintaining phase coherence for positioning reference signals PRS. The downlink signals of a set of multiple downlink signals are phase coherent. This reads on positioning resources being phase-coherent positioning resources) that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both (see paragraph [0141], The base station may indicate to the UE which downlink signals of a set of multiple downlink signals (of a set of multiple downlink signals) can be assumed to be phase coherent. The UE may then receive one or more PRSs. The multiple downlink signals of a set of multiple downlink symbols indicated as being phase coherent reads on phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions because the downlink signals are considered multiple consecutive transmissions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the positioning resources in Xiao adapt to include being phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both because using coherent signals can improve the positioning accuracy by improving measurements in the downlink and uplink directions (see Akkarakaran, paragraph [0185]).
Regarding claim 26 Cha, Akkarakaran, and Xiao teach limitations as recited in claim 11 and therefore claim 26 is rejected for the same reasons given above.
VI. Claims 12-15 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (US 2014/0349582 A1) in view of Akkarakaran et al. (US 2020/0351047 A1) and Cha (US 2021/0006372 A1).
Regarding claim 12 Xiao and Akkarakaran teach the method of claim 10 except for wherein the request for the resource set specifies at least one property of the phase-coherent positioning resources.
Cha teaches specifying at least one property of the positioning resources (see paragraph [0222], To configure a specific PRS for a UE by a PRS configuration parameter, a PRS resource group set may be defined. A PRS configuration may include a configuration of a PRS resource ID, an occupied bandwidth, a periodicity, and the number of consecutive slots carrying a PRS, for each PRS resource. This reads on specifying at least one property of the positioning resources).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Xiao and Akkarakaran combination adapt to include specifying at least one property of the positioning resources because it would allow for a specific PRS set for a UE to be configured (see Cha, paragraph [0222]).
Regarding claim 13 Cha teaches wherein the at least one property of the positioning resources comprises: a bandwidth of the positioning resources; a periodicity of the positioning resources; a phase-coherence granularity of the positioning resources; or a combination thereof (see paragraph [0222], see paragraph [0222], To configure a specific PRS for a UE by a PRS configuration parameter, a PRS resource group set may be defined. A PRS configuration may include a configuration of a PRS resource ID, an occupied bandwidth, a periodicity, and the number of consecutive slots carrying a PRS, for each PRS resource. This reads on wherein the at least one property of the positioning resources comprises: a bandwidth of the positioning resources; a periodicity of the positioning resources; or a combination thereof).
Regarding claim 14 Akkarakaran teaches at least one property of the phase-coherent position resources is determined based on a capability of the BS, a capability of the UE, or a combination thereof (see paragraphs [0133] & [0185], a capability indicator that indicates that the UE is capable of maintaining phase coherence for a PRS that spans multiple component carriers reads at least one property of the phase-coherent position resources is determined based on a capability of the BS, a capability of the UE, or a combination thereof).
Regarding claim 15 Cha teaches wherein receiving the resource set comprises receiving the resource set comprising a plurality of positioning resources having the at least one property (see paragraph [0222], To configure a specific PRS for a UE by a PRS configuration parameter, a PRS resource group set may be defined. A PRS configuration may include a configuration of a PRS resource ID, an occupied bandwidth, a periodicity, and the number of consecutive slots carrying a PRS, for each PRS resource. This reads on receiving the resource set comprises receiving the resource set comprising a plurality of positioning resources having the at least one property).
Regarding claim 27 Xiao, Akkarakaran, and Cha teach limitations as recited in claim 12 and therefore claim 27 is rejected for the same reasons given above.
Regarding claim 28 Xiao, Akkarakaran, and Cha teach limitations as recited in claim 13 and therefore claim 28 is rejected for the same reasons given above.
Regarding claim 29 Xiao, Akkarakaran, and Cha teach limitations as recited in claim 14 and therefore claim 29 is rejected for the same reasons given above.
Regarding claim 30 Xiao, Akkarakaran, and Cha teach limitations as recited in claim 15 and therefore claim 30 is rejected for the same reasons given above.
Response to Arguments
VII. Applicant's arguments filed October 08, 2025 have been fully considered but they are not persuasive.
Applicant argues that Akkarakaran does not disclose signals that are phase coherent across multiple consecutive transmissions or occasions (across time), across antennas, or across both, as recited in claims 1, 10, 16, and 25.
The examiner disagrees.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (signals that are phase coherent across time) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Akkarakaran teaches positioning resources that are phase coherent across multiple consecutive transmissions or occasions, across antennas, or across both (see paragraph [0141]).
The base station may indicate to the UE which downlink signals of a set of multiple downlink signals (of a set of multiple downlink signals) can be assumed to be phase coherent. The UE may then receive one or more PRSs. The multiple downlink signals of a set of multiple downlink symbols indicated as being phase coherent reads on phase-coherent positioning resources that are phase coherent across multiple consecutive transmissions because the downlink signals are considered multiple consecutive transmissions).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/Primary Examiner, Art Unit 2647
February 16, 2026