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
Claim Rejections under 35 USC 103
Applicant’s Argument: Applicant argues that the amended claims overcome the current grounds of rejection based on Manolakos who Applicant has shown is no longer prior art.
Examiner’s Response: Applicant’s arguments, see page9-10 filed 04/16/2026 with respect to the rejection(s) of claim(s) claims 1-30 under 20220085945 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Huang et al. (“Huang”) (US 20210058891 A1).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 12-14, 16-17, 21, 27, 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (“Huang”) (US 20210058891 A1).
Regarding claim 1, Huang teaches:
An apparatus for wireless communication at a user equipment (UE) [Figure 2 UE], comprising: a memory; and at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured [Figure 2 UE] to:
obtain a first indication of a first measurement gap resource associated with a first time period [¶0037, gNB configures UE with measurement gap pattern, see ¶0036 including a measurement gap time, MGL, considered a first measurement gap resource, associated with a first time period, see e.g. Figure 3, the first 40 ms time period corresponding to offset 1, as the claim does not specify the “first time period” thus it may be any time period];
receive a set of position reference signals (PRSs) during a PRS occasion [Figure 3, Tprs is 160 ms considered a PRS occasion with multiple PRSs], wherein a first portion of the PRS occasion does not overlap with any portion of the first time period; [¶0040-41 Figure 3, the PRSs from time offset2 to offset4 do not overlap the “first time period” being the 40ms until offset2]; and measure the set of PRSs received during the first portion of the PRS occasion based on at least one of (i) a second measurement gap resource, allocated at the UE, associated with a second time period that overlaps with the first portion of the PRS occasion, (ii) or a positioning processing window (PPW) associated with a third time period that overlaps with the first portion of the PRS occasion [¶0040-41, Figure 3, PPW considered the gaps in the Tprs for measuring PRS, overlapping first portions being all the PRSs within Tprs following the first one e.g. the second PRS transmission, after the first PRS time offset1 as explained above].
Regarding claim 12, Huang teaches:
The apparatus of claim 1, wherein the first time period comprises a set of slots or a set of subframes, wherein the set of slots or the set of subframes are associated with the first measurement gap resource [¶0017 PRS resource includes slots, thus Figure 3 the PRSs sent via slots, see further ¶0053 teaching typical slot structure].
Regarding claim 13, Huang teaches:
The apparatus of claim 1, wherein the at least one processor is further configured to: measure at least one reference signal (RS) using at least one of (i) the first measurement gap resource associated with the first time period, (ii) the second measurement gap resource associated with the second time period, or (iii) the PPW associated with the third time period [¶0040-41, “ per Tprs, PRSs from all positioning neighboring cells can be measured within a single measurement gap pattern, without the need to further extend the MGL” wherein a gap within the second MGRP = 40ms following the first gap within PRS time offset 1 considered PPW associated with third time period].
Regarding claim 14, Huang teaches:
The apparatus of claim 13, wherein the at least one RS comprises an inter-frequency RS, wherein, to measure the at least one RS, the at least one processor is configured to: measure the at least one inter-frequency RS using the first measurement gap resource associated with the first time period [¶0038-41, inter-frequency RSTD measured on measurement gap Figure 3].
Regarding claim 16, Huang teaches:
The apparatus of claim 1, wherein, to measure the set of PRSs, the at least one processor is configured to: measure a reference signal time difference (RSTD) of at least one PRS of the set of PRSs [¶0038-41 inter-frequency RSTD].
Regarding claim 17, Huang teaches:
The apparatus of claim 1, wherein the first portion of the PRS occasion comprises a first PRS of the set of PRSs and a second portion of the PRS occasion comprises a second PRS of the set of PRSs, wherein the first PRS and the second PRS are associated with a same PRS measurement [¶0040-41, Figure 3, second to fourth PRSs considered first PRS of the set and a second PRS of the set, all of which are measured within same Tprs considered same PRS measurement].
Regarding claims 21, 29-30 see similar rejection for claim 1 which teaches the physical structure performing the corresponds steps.
Regarding claim 27 see similar rejection for claim 13 which teaches the physical structure performing the corresponds steps.
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.
Claim(s) 2-8, 11, 22-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (“Huang”) (US 20210058891 A1) in view of Siomina et al. (“Siomina”) (US 20210120513 A1).
Regarding claim 2, Huang teaches:
The apparatus of claim 1.
Huang teaches PRS but not a request for PPW.
Siomina teaches wherein the at least one processor is further configured to: allocate the second measurement gap resource associated with the second time period that overlaps with the first portion of the PRS occasion; or transmit a request for the PPW associated with the third time period that overlaps with the first portion of the PRS occasion [¶0221, WD sends request for first and second measurement gap patterns, see Figure 14 MGP2 includes at least portion not overlapping with e.g. MGP1 (first time period) which may be PPW].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the request for parameters of the PPW as in Siomina. Huang teaches a PPW with a third time period and it would have been obvious to specify request the parameters for this period as in Siomina who teaches this allows for the device to determine performing RSTD measurements ¶0121.
Regarding claim 3-7, Examiner notes that these limitations depend on options (i) of claim 1. However claim 1 also recites option ii in the exclusive. Since case (ii) is rejected, the remaining option (i) and any limitations depending on and expanding upon these options do not have patentable weight and do not require support in the prior art.
Regarding claim 8, Huang-Siomina teaches:
The apparatus of claim 2, wherein, to transmit the request for the PPW associated with the third time period, the at least one processor is configured to: transmit the request for the PPW associated with the third time period for a first positioning frequency layer (PFL) [Huang shows PPW associated with third time period in Figure 3 being the gaps from time offset 2 to time offset 4, Siomina teaches sending request for PPW ¶0221 see rationale as in claim 2], wherein, to measure the set of PRSs received during the first portion of the PRS occasion, the at least one processor is configured to: measure the set of PRSs at a second PFL different from the first PFL [Huang ¶0038-41 inter-frequency RSTD measured for PRSs considered different PFLs].
Regarding claim 11, Huang teaches:
The apparatus of claim 1.
Huang teaches non-overlapping PRS occasions and first time period but not a collision range.
Siomina teaches wherein the first time period overlaps with a collision range associated with the PRS occasion, wherein the collision range occurs prior to the PRS occasion, after the PRS occasion, or both [Siomina Figure 14 R1 section where T1 and T2 overlap is considered collision range period and first measurements according to first time period before MGP2 on T2, see ¶0133].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the request for parameters of the PPW as in Siomina who teaches this allows for avoiding degrading performance of positioning measurements when there is overlap ¶0012.
Regarding claims 22-26, see similar rejections for claim 2, 4-6, 8 respectively teaching the physical structure performing the corresponds steps.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (“Huang”) (US 20210058891 A1) in view of Siomina et al. (“Siomina”) (US 20210120513 A1) and Zheng et al. (“Zheng”) (US 20240284389 A1).
Regarding claim 9, Huang-Siomina teaches:
The apparatus of claim 8.
Huang-Siomina teaches requests for PPW but not a priority indication.
Zheng teaches wherein the at least one processor is further configured to: receive a configuration for the PPW that prioritizes a measurement of a PRS over an inter- frequency transmission [¶0068, UE receives indication DL PRS prioritized over other downlink channels, including other carriers ¶0047 (corresponding to inter-frequency transmission)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify prioritizing PRS as in Zheng who teaches this allows for network devices to estimate position ¶0003 in the event of overlap ¶0068.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (“Huang”) (US 20210058891 A1) in view of Cui et al. (“Cui”) (US 20190342801 A1).
Regarding claim 10, Huang teaches:
The apparatus of claim 1, further comprising a transceiver coupled to the at least one processor [Figure 6 Huang].
Huang teaches obtaining measurement gap information but not via RRC however Cui teaches wherein, to obtain the first indication of the first measurement gap resource, the at least one processor is configured to: receive, via the transceiver, a radio resource control (RRC) configuration that configures the first measurement gap resource, wherein the RRC configuration is received from at least one of: a second UE, a network node, or a network entity [¶0070 the UE can be configured (e.g., via RRC signaling) with the multiple measurement gaps, ¶0044 communicated by base station]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify RRC configuring the measurement gap. Huang teaches a configured measurement gap and it would have been obvious to specify RRC configuration as in Cui who teaches this allows for performing signal quality measurements to determine handover ¶0044.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (“Huang”) (US 20210058891 A1) in view of Siomina et al. (US 20200137601 A1, hereinafter ‘601).
Regarding claim 15, Huang teaches:
The apparatus of claim 13, wherein the at least one RS comprises an RS, wherein, to measure the at least one RS, the at least one processor is configured to: measure the at least one intra-frequency RS using at least one of (i) the first measurement gap resource associated with the first time period [¶0038-41, first measurement gap resource being the MGL of the pattern in Figure 3 used to measure PRS]., (ii) the second measurement gap resource associated with the second time period, or (iii) the PPW associated with the third time period.
Huang teaches measuring RSs but not expressly intra-frequency RSs.
‘601 teaches the at least one RS comprises an intra-frequency RS [¶0084-86, PRS on frequency of UE being intra-frequency].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify intra-frequency RS signals for measurement as in ‘601 to measure RSTD for current cell ¶0084-86.
Claim(s) 19-20, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (“Huang”) (US 20210058891 A1) in view of Tang et al. (“Tang”) (US 20220217562 A1).
Regarding claim 19, Huang teaches:
The apparatus of claim 1, wherein the at least one processor is further configured to: receive a reference signal using at least one of the second measurement gap resource during the second time period or the PPW during the third time period [¶0040-41, Figure 3, PRSs received in PPW considered the gaps in the Tprs for measuring PRS, overlapping first portions being all the PRSs within Tprs following the first one after the first PRS time offset1 as explained above]
Huang teaches measuring PRSs but does not teach SSB.
Tang teaches wherein the at least one processor is further configured to: receive a synchronization signal block (SSB) using at least one of the second measurement gap resource during the second time period or the PPW during the third time period [¶0018, share measurement gap period, or PPW of third time period, between PRS measurement and SSB measurement, thus SSB received].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify SSB reception via PPW as in Tang. Huang teaches measurements during PPW and it would have been obvious to specify SSB reception as in Tang for flexible configuration and to improve MG sharing ¶0018.
Regarding claim 20, Huang-Tang teaches:
The apparatus of claim 19, wherein the at least one processor is further configured to: decode the SSB after receiving the SSB using at least one of the second measurement gap resource or the PPW [¶0018 Tang, rationale for combination as in claim 19 ].
Regarding claims 28, see similar rejections for claim 19-20 teaching the physical structure performing the corresponds steps.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L. VOGEL whose telephone number is (303)297-4322. The examiner can normally be reached Monday-Friday 8AM-4:30 PM MT.
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/JAY L VOGEL/ Primary Examiner, Art Unit 2478
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