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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2026-05-21 has been entered.
Interview
An interview was held with Attorney Edward Davis, registration no. 77532, on 2026-06-10. Examiner thanks Attorney Davis for the detailed interview agenda. Please see the attached PTOL-413/413b Interview Summary.
Examiner Note on Allowable Subject Matter
In the interview with Attorney Davis on 2026-06-10, examiner noted that the amendments submitted 2026-05-21 do not overcome Harrebek in view of Duan (please see section Response to Arguments below). However, examiner further noted that none of Harrebek, Duan, the other cited references, or a thorough search in the art teaches or suggests:
WTRU assigning a first path ID to the first path and a second path ID to the second path; and WTRU sending information indicating the associations to the network entity, wherein the information indicating the associations to the network entity includes the first path ID and the second path ID, and wherein the information indicating the associations to the network entity indicates that the first path ID is associated with the first SRSp and indicates that the second path ID is associated with the second SRSp.
Thus, if the independent claims were amended to include these concepts in addition to all of their current limitations, they would be allowable.
Response to Arguments
Applicant's arguments filed 2026-05-21 (“Remarks”) have been fully considered but they are not persuasive.
Applicant argues that “Harrebek does not teach or suggest sending ‘information indicating the associations to the network entity, wherein the information indicating the associations to the network entity indicates that the first path is associated with the first SRSp and indicates that the second path is associated with the second SRSp’ as recited in independent claims 13 and 19. …calculating and reporting a value for a SRSp that is received via a path is not the same as associating an SRSp with a path and reporting information that explicitly indicates such association” (please see Remarks, pp. 6-7).
Examiner respectfully disagrees. Harrebek discloses a UE receiving signals from multiple gNBs and at multiple angles (see Harrebek, Figs. 1 and 2, and ¶¶0042-0046). Under the broadest reasonable interpretation, one of ordinary skill in the art would understand that signals coming from different gNBs, and/or arriving at different angles, would necessarily have taken different paths. Additionally, Harrebek discloses that the UE calculates TOD compensation values and TOD-EA values for each SRS (see Harrebek, Figs. 1 and 2, and ¶¶0045-0048) and reports these TOD compensation values and TOD-EA values to the network (see Harrebek, Fig. 2, step 230; ¶0051). These TOD and TOD-EA values are ultimately used for RTT calculation (see Harrebek, Fig. 2, step 232; ¶0051); as such, one of ordinary skill in the art would understand that the TOD and TOD-EA values necessarily must be associated with the respective paths to which they apply (otherwise, the RTT calculation would be meaningless). Thus, under the broadest reasonable interpretation, Harrebek teaches “information indicating the associations to the network entity, wherein the information indicating the associations to the network entity indicates that the first path is associated with the first SRSp and indicates that the second path is associated with the second SRSp’” as recited by the amended independent claims, and the rejections under 35 U.S.C. § 103 are maintained.
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.
Claims 13, 16, 17, 19, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2023/0375655 A1 to Harrebek et al. (“Harrebek”) in view of U.S. Patent Publication No. 2022/0109957 A1 to Duan et al. (“Duan”).
As to Claim 13 (and similarly applied to claim 19), Harrebek discloses a wireless transmit receive unit (WTRU) (Fig. 2, UE), comprising: a processor (Fig. 8b and ¶0099, Processor 22) configured to: receive a positioning reference signal (PRS) transmission via multiple paths (¶0042-46; Fig. 1 shows UE receives signals from multiple angles; Fig. 2 shows UE receives positioning reference signals from different gNBs (i.e., different paths)); associate a first path with a first sounding reference signal for positioning (SRSp) (Fig. 2 and ¶0049, step 220: UE transmits a first SRS to the Serving gNB), wherein the first path is associated with the first SRSp based on one or more of a first path direction (Fig. 2 and ¶0047-48, steps 216 and 218); associate a second path with a second SRSp (Fig. 2 and ¶0049, step 224: UE transmits a second SRS to the Neighboring gNB), wherein the second path is associated with the second SRSp based on one or more of a second path direction (Fig. 2 and ¶0047-48, steps 216 and 218); send information indicating the associations to the network entity, wherein the information indicating the associations to the network entity indicates that the first path is associated with the first SRSp and indicates that the second path is associated with the second SRSp (Fig. 2 and ¶0051, step 230; please also see section Response to Arguments above); transmit the first SRSp via a first SRSp resource and the second SRSp via a second SRSp resource (Fig. 2 and ¶0049, steps 220 and 224); determine a first receive to transmit (Rx-Tx) time difference associated with the first path, wherein the first Rx-Tx time difference is a time difference from a time when the PRS transmission is received via the first path to a time when the first SRSp is transmitted; determine a second Rx-Tx time difference associated with the second path, wherein the second Rx-Tx time difference is a time difference from a time when the PRS transmission is received via the second path to a time when the second SRSp is transmitted; and send information indicating the first and second Rx-Tx time differences to the network entity (Fig. 2 and ¶0050, step 228: UE calculates and reports Rx-Tx delays, i.e. the time between receiving PRS and transmitting SRS).
Harrebek does not disclose: first SRSp spatial relation information associated with the first path direction, wherein the first SRSp spatial relation information is received from a network entity; or second SRSp spatial relation information associated with the second path direction, wherein the second SRSp spatial relation information is received from the network entity.
However, Duan discloses: first SRSp spatial relation information associated with the first path direction, wherein the first SRSp spatial relation information is received from a network entity (¶0049); and second SRSp spatial relation information associated with the second path direction, wherein the second SRSp spatial relation information is received from the network entity (¶0049).
Harrebek and Duan are considered to be similar to the claimed invention because they are in one or more of the same fields of: position-fixing by coordinating two or more direction, position line, and/or distance determinations using radio waves; position of receiver fixed by coordinating a plurality of position lines defined by path-difference measurements; and/or locating users or terminals or network equipment for network management purposes. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harrebek to incorporate the teachings of Duan to include: first SRSp spatial relation information associated with the first path direction, wherein the first SRSp spatial relation information is received from a network entity; and second SRSp spatial relation information associated with the second path direction, wherein the second SRSp spatial relation information is received from the network entity. Doing so would allow a UE to "assist another entity (e.g., a base station or core network component, another UE, a location server, a third party application, etc.) to calculate an estimate of its position" (Duan, ¶0127).
As to claim 16 (and similarly applied to claim 22), Harrebek in view of Duan discloses the WTRU of claim 13, wherein the network entity is a location management function (LMF) (Harrebek, Fig. 2, LMF) or a base station (gNB) (Harrebek, Fig. 2, Serving and Neighboring gNB).
As to claim 17 (and similarly applied to claim 23), Harrebek in view of Duan discloses the WTRU of claim 13, wherein the processor is further configured to: receive information indicating, from the network entity, to associate respective paths with respective SRSps (Duan, ¶0049).
Claims 14, 15, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Harrebek in view of Duan and further in view of U.S. Patent Publication No. 2023/0208590 A1 to Li (“Li”).
As to claim 14 (and similarly applied to claim 20), Harrebek in view of Duan discloses the WTRU of claim 13, wherein the processor is further configured to: receive, from the network entity, the first SRSp spatial relation information and the second SRSp spatial relation information (Duan, ¶0049); assign a first path identification (ID) to the first path and a second path ID to the second path (Duan, Fig. 7 and ¶0129); associate the first path ID with a first SRSp (Harrebek, Fig. 2 and ¶0049, step 220: UE transmits a first SRS to the Serving gNB) ID, wherein the first path ID is associated with the first SRSp ID based on the first path direction (Harrebek, Fig. 2 and ¶0047-48, steps 216 and 218) and the first SRSp spatial relation information associated with the first path direction (Duan, ¶0049); and associate the second path ID with a second SRSp (Harrebek, Fig. 2 and ¶0049, step 224: UE transmits a second SRS to the Neighboring gNB) ID, wherein the second path ID is associated with the second SRSp ID based on the second path direction (Harrebek, Fig. 2 and ¶0047-48, steps 216 and 218) and the second SRSp spatial relation information associated with the second path direction (Duan ¶0049).
Harrebek in view of Duan does not disclose: a first SRSp ID; or a second SRSp ID.
However, Li discloses: a first SRSp ID and a second SRSp ID (¶0115-116).
Harrebek, Duan, and Li are considered to be similar to the claimed invention because they are in one or more of the same fields of: position-fixing by coordinating two or more direction, position line, and/or distance determinations using radio waves; position of receiver fixed by coordinating a plurality of position lines defined by path-difference measurements; and/or locating users or terminals or network equipment for network management purposes. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harrebek in view of Duan to incorporate the teachings of Li to include: a first SRSp ID and a second SRSp ID. Doing so would "reduce positioning time latency and improve positioning accuracy" (Li, ¶0020).
As to claim 15 (and similarly applied to claim 21), Harrebek in view of Duan and further in view of Li discloses the WTRU of claim 14, wherein the information indicating the first and second Rx-Tx time differences (Harrebek, Fig. 2 and ¶0050, step 228: UE calculates and reports Rx-Tx delays, i.e. the time between receiving PRS and transmitting SRS) further comprises the first path ID (Duan, Fig. 7 and ¶0129) associated with the first SRSp ID (Li, ¶0115-116) and the second path ID (Duan, Fig. 7 and ¶0129) associated with the second SRSp ID (Li, ¶0115-116).
Claims 18 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Harrebek in view of Duan and further in view of U.S. Patent Publication No. 2023/0079891 A1 to Shreevastav et al. (“Shreevastav”).
As to claim 18 (and similarly applied to claim 24), Harrebek in view of Duan discloses the WTRU of claim 13.
Harrebek in view of Duan does not disclose: wherein the first path is associated with the first SRSp based on the first path direction aligning with the first SRSp spatial relation information associated with the first path direction, and wherein the second path is associated with the second SRSp based on the second path direction aligning with the second SRSp spatial relation information associated with the second path direction.
However, Shreevastav discloses: wherein the first path is associated with the first SRSp based on the first path direction aligning with the first SRSp spatial relation information associated with the first path direction, and wherein the second path is associated with the second SRSp based on the second path direction aligning with the second SRSp spatial relation information associated with the second path direction (Fig. 10 and ¶0171-172).
Harrebek, Duan, and Shreevastav are considered to be similar to the claimed invention because they are in one or more of the same fields of: position-fixing by coordinating two or more direction, position line, and/or distance determinations using radio waves; position of receiver fixed by coordinating a plurality of position lines defined by path-difference measurements; and/or locating users or terminals or network equipment for network management purposes. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harrebek in view of Duan to incorporate the teachings of Shreevastav to include: wherein the first path is associated with the first SRSp based on the first path direction aligning with the first SRSp spatial relation information associated with the first path direction, and wherein the second path is associated with the second SRSp based on the second path direction aligning with the second SRSp spatial relation information associated with the second path direction. Doing so would "facilitate more accurate and/or more timely UE location estimates by a positioning node (e.g., LMF), as well as reduced network signaling complexity. Such advantages can be very important in certain applications, such as high-precision/high-accuracy positioning and/or low-complexity positioning" (Shreevastav, ¶0261).
References Cited
Duan, Weimin et al. (2022). Measurement of a downlink positioning reference signal from a non-serving base station of a user equipment at a serving base station of the user equipment (US 2022/0109957 A1). Filed 2021-08-30.
Harrebek, Johannes et al. (2023). Dynamic antenna array angular phase deviation compensation for broad beam positioning (US 2023/0375655 A1). Filed 2021-09-10.
Li, Mingju (2023). Method and apparatus for transmitting positioning-purpose reference signals, equipment and storage medium (US 2023/0208590 A1). Filed 2020-05-22.
Shreevastav, Ritesh et al. (2023). Determination of spatial relations for positioning (US 2023/0079891 A1). Filed 2021-01-11.
Other Pertinent References
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Akkarakaran, S. et al. (2020). Positioning with relays (US 2020/0296680 A1). Filed 2020-03-11.
Alawieh, Mohammad et al. (2022). Methods and apparatuses for positioning in a wireless communications network (US 2022/0404451 A1). Filed 2020-10-05.
Bao, Jingchao et al. (2022). Positioning reference signal adjustment based on repetitive signal performance (US 2022/0053411 A1). Filed 2021-08-11.
Chen, Lei et al. (2021). Method and apparatus for positioning terminal device (US 20210373148 A1). Filed 2021-08-16.
Choi, Chang-Sik et al. (2022). Approach to use positioning reference signal(s) (prs(s)) traveling non line-of-sight (nlos) transmission paths and map information for positioning of user equipments (ues) (US 2022/0078581 A1). Filed 2021-09-02.
Choi, Chang-Sik et al. (2022). Environment-aware positioning reference signal (prs) (US 2022/0069958 A1). Filed 2021-07-15.
Chrabieh, Rabih (2023). Indoor and outdoor geolocation and time of arrival estimation using wireless signals (US 2023/0081564 A1). Filed 2022-11-15.
Duan, Weimin et al. (2022). Base station antenna array orientation calibration for cellular positioning (US 2022/0018925 A1). Filed 2021-07-15.
Duan, Weimin et al. (2021). Positioning measurement data reported via l1 or l2 signaling (US 2021/0314904 A1). Filed 2021-01-26.
Duan, Weimin et al. (2022). Base station measurement associated with a round-trip time measurement procedure between a user equipment and a different base station (US 2022/0077981 A1). Filed 2021-08-18.
Duan, W. et al. (2021). Time reversal for positioning (US 2021/0092558 A1). Filed 2020-03-10.
Ernström, Per et al. (2023). Methods and apparatuses to account for timing errors of a user equipment in positioning measurements (US 2023/0184871 A1). Filed 2021-05-12.
Khoryaev, Alexey et al. (2022). Measurement and procedures for nr positioning (US 2022/0159415 A1). Filed 2020-04-01.
Liu et al. (2021). Positioning method and apparatus (US 2021/0297817 A1). Filed 2021-06-08.
Manolakos, Alexandros et al. (2020). Maximum number of path loss or uplink spatial transmit beam reference signals for downlink or uplink positioning reference signals (US 2020/0382978 A1). Filed 2020-05-11.
Manolakos, Alexandros et al. (2021). Pucch resource management for positioning state information (psi) reports (US 2021/0368471 A1). Filed 2021-02-17.
Manolakos, Alexandros et al. (2021). Determining factors for splitting positioning state information (psi) between uplink control information (uci) and medium access control control elements (mac-ce) (US 2021/0360573 A1). Filed 2021-05-05.
Rousu, Seppo Olavi et al. (2014). Determination of receiver path delay (US 2014/0141799 A1). Filed 2013-05-02.
Xiao, Dengkun et al. (2014). Positioning method for user equipment, data sending method, device and user equipment (US 2014/0349582 A1). Filed 2014-07-23.
Xiong, Zhilan et al. (2019). Position detection of user equipment within a wireless telecommunications network (US 20190285721 A1). Filed 2017-08-10.
You, Hyangsun et al. (2017). Method and user equipment for performing measurement to support positioning, method and positioning server for supporting positioning, and base station for supporting positioning (US 2017/0288897 A1). Filed 2015-08-27.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL H LEONARD whose telephone number is (571)272-5720. The examiner can normally be reached Monday-Friday, 7am-4pm (PT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, please 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, Yuwen (Kevin) Pan can be reached at (571)272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMUEL H. LEONARD/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
Prosecution Insights