DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 08/20/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
3. This final office action is in response to the amendment filed on 06/22/2026. Claims 57-78 are pending in this application. Claims 71-72 are withdrawn from consideration. Claims 57-70 and 73-78 have been considered for examination below. Claims 1-56 are canceled by the applicant.
4. Applicant’s arguments with respect to claims 57 and 73 have been considered but are moot in view of new ground(s) of rejection because of the amendments.
5. Applicant arguments regarding the rejection under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20150249527) in view of MANOLAKOS et al. (US 20230097008) with regards to claim 63 have been fully considered but they are not persuasive. The examiner thoroughly reviewed Applicant’s arguments but firmly believes that the cited reference reasonably and properly meets the claimed limitation as rejected.
Applicant’s argument: Amended independent claim 63 recites, in part, a second device caused to "transmit the indication to the first device via a long term evolution positioning protocol signaling." Neither Hwang nor Manolakos, alone or in proper combination, teaches or suggests the above-noted features of amended independent claim 63.
Examiner’s response: The examiner respectfully disagrees with applicant’s argument above. In paragraph 0026, Hwang teaches “FIG. 2 illustrates a procedure of network-based positioning based on periodic SRS in an LTE mobile network”. In paragraph 0027, Hwang teaches “FIG. 3 illustrates SRS scheduling and SRS dropping handling in accordance with one novel aspect. In an LTE wireless communication system, an eNodeB and a UE communicate with each other by sending and receiving data carried in a series of frames. Each frame comprises a number of downlink (DL) subframes for the eNodeB to transmit data to the UE, and a number of uplink (UL) subframes for the UE to transmit data to the eNB. In the example of FIG. 3, frame N contains three consecutive uplink subframes UL#1, UL#2, and UL#3 following five consecutive downlink subframes. In the LTE system, two types of SRS are defined for uplink channel sounding. A first type of Periodic SRS (p-SRS) (e.g., trigger type0) is used for obtaining long-term channel information. Before a UE starts p-SRS transmission, its serving base station (eNodeB) needs to configure SRS parameters and allocate SRS resources to the UE by higher layer signaling.” Also see paragraphs,0007-0008, 0023, 0035.
Thus, Hwang does teach “transmit the indication to the first device via a long term evolution positioning protocol signaling” as recited in the amended claim 63.
6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
Applicants are reminded that MPEP 2141.02 states:
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. Claim 57, 62-63, 73 and 78 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20150249527) (hereinafter Hwang) in view of Guo et al. (US 20220182199) (hereinafter Guo).
Hwang and Guo are cited by the examiner in the last office action mailed on 03/20/2023.
Regarding claim 57:
As shown in figures 1-9, Hwang discloses a first device (102 in figure 1, 202 in figure 2) comprising:
cause the first device (102 in figure 1, 202 in figure 2) at least to:
receive (106 in figure 1, 212 in figure 2) from a second device (101 in figure 1, 201 in figure 2) an indication that a Sounding Reference Signal, SRS, is to be used for a positioning process of the first device unless a further indication is received (abstract, par 0023-0026, claim 1); and
transmit (107 in figure 1, 216 in figure 2) the SRS to a third device (105 in figure 1, 205 in figure 2), the third device (105 in figure 1, 205 in figure 2) being responsible for measuring a position of the first device in the positioning process (abstract, par 0023-0026, claim 1).
Hwang discloses all of the subject matter as described above except for specifically teaching at least one processor; and at least one memory including computer program code; the at least one memory and the computer program code are configured to, with the at least one processor and transmit the SRS to a base station, the base station being responsible for measuring a position of the first device in the positioning process.
However, Guo in the same field of endeavor teaches at least one processor (1010 in figure 10); and at least one memory (1020 in figure 10) including computer program code (par 0178-0186); the at least one memory (1020 in figure 10) and the computer program code are configured to, with the at least one processor (1010 in figure 10) and transmit (see step 7 in figure 5) the SRS to a base station (see neighbor cell in figure 5), the base station (see neighbor cell in figure 5) being responsible for measuring a position of the first device in the positioning process (step 8.2 in figure 5 shows that neighbor cell the measuring SRS and calculate TOA) (see par 0076-0088). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the computing system as taught by Guo to carry out the claimed invention (par 0178-0186) and to use the base station (neighbor cell) as taught by Guo to modify the system and method of Hwang in order to measure SRS and calculate TOA and to report the uplink TOA to the location server (par 0088) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 63:
As shown in figures 1-9, Hwang discloses a second device (170-3 in figure 4) comprising:
cause the second device at least to:
in accordance with a determination of a low power consumption requirement (see amplitude and power scaling in par 0041) at a first device (110-1 in figure 4) (abstract, par 0150-0151, 0162), generate an indication that a Sounding Reference Signal, SRS, is to be used for a positioning process of the first device (110-1 in figure 4) unless a further indication is received (abstract, par 0128, 0140, 0138-0149); and
transmit (see step 2 in figure 4) the indication to the first device (110-1 in figure 4) (par 0138-0149) via a long term evolution positioning protocol signaling (0007-0008, 0023, 0026-0027, 0035).
Hwang discloses all of the subject matter as described above except for specifically teaching at least one processor; and at least one memory including computer program code; the at least one memory and the computer program code are configured to, with the at least one processor and transmit the SRS to a base station, the base station being responsible for measuring a position of the first device in the positioning process.
However, Guo in the same field of endeavor teaches at least one processor (1010 in figure 10); and at least one memory (1020 in figure 10) including computer program code (par 0178-0186); the at least one memory (1020 in figure 10) and the computer program code are configured to, with the at least one processor (1010 in figure 10). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the computing system as taught by Guo to carry out the claimed invention (par 0178-0186) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 73:
As shown in figures 1-9, Hwang discloses a first device (202 in figure 2) method comprising:
receiving (106 in figure 1, 212 in figure 2), at a first device (102 in figure 1, 202 in figure 2) and from a second device (101 in figure 1, 201 in figure 2) an indication that a Sounding Reference Signal, SRS, is to be used for a positioning process of the first device unless a further indication is received (abstract, par 0023-0026, claim 1).
Hwang discloses all of the subject matter as described above except for specifically teaching and transmitting the SRS to a base station, the base station being responsible for measuring a position of the first device in the positioning process.
However, Guo in the same field of endeavor teaches and transmitting (see step 7 in figure 5) the SRS to a base station (see neighbor cell in figure 5), the base station (see neighbor cell in figure 5) being responsible for measuring a position of the first device in the positioning process (step 8.2 in figure 5 shows that neighbor cell the measuring SRS and calculate TOA) (see par 0076-0088). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the base station (neighbor cell) as taught by Guo to modify the system and method of Hwang in order to measure SRS and calculate TOA and to report the uplink TOA to the location server (par 0088) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claims 62 and 78:
Hwang further discloses wherein the SRS is transmitted to a fourth device (see 213 in figure 2).
Hwang discloses all of the subject matter as described above except for specifically teaching and resources on which the SRS is transmitted is to be muted by the fourth device.
However, Guo in the same field of endeavor teaches and resources on which the SRS is transmitted is to be muted by the fourth device (par 0055, 0112). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use muted SRS resources as taught by Guo to modify the system and method of Hwang in order to reduce power consumption by transmitting zero power on symbols and SRS transmission period (par 0055) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
10. Claims 67 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Guo as applied to claims 63 above and further in view of MANOLAKOS et al. (US 20230097008) (hereinafter MANOLAKOS).
MANOLAKOS is cited by the examiner in the last office action mailed on 03/20/2023.
Regarding claim 67:
Hwang discloses all of the subject matter as described above except for specifically teaching wherein the second device is further caused to: obtain the configuration information from a fifth device serving the first device via a new radio positioning protocol signaling A.
However, MANOLAKOS in the same field of endeavor teaches wherein the second device (120 in figure 1) is further caused to: obtain the configuration information from a fifth device (121 in figure 1) serving the first device (112 in figure 1) via a new radio positioning protocol signaling A (0050, 0085). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the communication system as taught by MANOLAKOS to modify the system and method of Hwang in order to provide device-to-device communication (par 0042) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 70:
Hwang discloses all of the subject matter as described above except for specifically teaching transmit the indication to a fifth device serving the first device, a third device and a fourth device, the third device being responsible for measuring a position of the first device in the positioning process.
However, MANOLAKOS in the same field of endeavor teaches transmit the indication to a fifth device (121 in figure 1) serving the first device (112 in figure 1), a third device (143 in figure 1) and a fourth device (114 in figure 1), the third device (143 in figure 1) being responsible for measuring a position of the first device in the positioning process (0036). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the communication system as taught by MANOLAKOS to modify the system and method of Hwang in order to provide device-to-device communication (par 0042) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Allowable Subject Matter
11. Claims 58-61, 64-66, 68-69 and 74-77 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
12. The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, Keating does not teach or suggest wherein the first device is further caused to: determine capability information about power consumption of the first device; and transmit a capability report to the second device based on the capability information.
The prior art of record, Keating also does not teach or suggest wherein the first device is further caused to: receive configuration information associated with SRS indicating a target SRS sequence associated with an index of the first device and a transmission occasion of the SRS.
The prior art of record, Keating also does not teach or suggest wherein the SRS is generated based on a SRS sequence associated with an index of the first device, the SRS sequence determined based on configuration information associated with SRS.
The prior art of record, Keating also does not teach or suggest wherein the first device is caused to transmit the SRS by: in accordance with a determination that the first device is to be hand over from a serving cell to a target cell, generating the SRS based on configuration information associated with SRS; determining a transmission occasion of the SRS based on the configuration information; and transmitting the SRS on the transmission occasion.
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CHA et al. (US 20220224498) disclose a method of a user equipment (UE) in a wireless communication system for receiving uplink reference signal (UL RS) configuration information; transmitting UL RS on a UL RS resource configured on the basis of the UL RS configuration information; and decoding a physical downlink shared channel (PDSCH) in a predetermined resource region, wherein: on the basis of the configuration of discontinuous reception (DRX), a physical downlink control channel (PDCCH) for the PDSCH is monitored within ON duration related to the DRX; the UL RS resource includes at least one resource element (RE); the at least one RE is configured as N-comb on a frequency domain; the start position of each of the at least one RE on the frequency domain is determined on the basis of a predetermined offset and a comb offset included in the UL RS configuration information; the predetermined offset is acquired on the basis of at least one orthogonal frequency division multiplexing (OFDM) symbol of the at least one RE and the N-comb; and the N is a natural number.
14. 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.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KABIR A TIMORY/Primary Examiner, Art Unit 2631
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