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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-5, 8-12, 14-15, 17, 19, 21 and 22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”. Claim(s) 1-5, 8-12, 14-15, 17, 19, 21 and 22 is/are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper for example using measurement received from a mobile device, transmitting from the source relay node to a donor access node.
The apparatus and the method claim 1, 17 and 19 recites limitation “obtaining a moment to be positioned at which positioning is to be performed; obtaining an Inertial Measurement Unit (IMU) output value of an IMU at the moment to be positioned; when a first measurement signal from a 5G base station is received within a first predetermined time period which comprises the moment to be positioned, determining positioning information of a positioning device according to the IMU output value and the first measurement signal; and when a second measurement signal from a navigation satellite is received within a second predetermined time period which comprises the moment to be positioned, determining positioning information of a positioning device according to the IMU output value and the second measurement signal”. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim recites
obtaining a moment to be positioned at which positioning is to be performed; obtaining an Inertial Measurement Unit (IMU) output value of an IMU at the moment to be positioned; when a first measurement signal from a 5G base station is received within a first predetermined time period which comprises the moment to be positioned, determining positioning information of a positioning device according to the IMU output value and the first measurement signal; and when a second measurement signal from a navigation satellite is received within a second predetermined time period which comprises the moment to be positioned, determining positioning information of a positioning device according to the IMU output value and the second measurement signal. The obtaining a moment to be positioned … and obtaining IMU output value at the moment and then if a first measurement signal from a 5G base station is received within a predetermined time it determines positioning information of a positioning device and if the measurement signal from a navigation satellite is received within a predetermined time determining positioning information of the positioning device recited in the claim is no more than an abstract idea i.e., See MPEP 2106.04 (a)(2) 1 A iv mathematical relationships i.e. organizing information and manipulating information through mathematical correlations, Digitech Image Techs., LLC v. Electronics for Imaging, Inc., 758 F.3d 1344, 1350, 111 USPQ2d 1717, 1721 (Fed. Cir. 2014). The patentee in Digitech claimed methods of generating first and second data by taking existing information i.e., when a first measurement signal from a 5G base station is received within a first predetermined time period which comprises the moment to be positioned, determining positioning information of a positioning device according to the IMU output value and the first measurement signal, when a second measurement signal from a navigation satellite is received within a second predetermined time period which comprises the moment to be positioned, manipulating the data using mathematical functions i.e., determining positioning information of a positioning device according to the IMU output value and the second measurement signal, and organizing this information into a new form i.e., obtaining an Inertial Measurement Unit (IMU) output value of an IMU at the moment to be positioned. The court explained that such claims were directed to an abstract idea because they described a process of organizing information through mathematical correlations, like Flook's method of calculating using a mathematical formula. 758 F.3d at 1350, 111 USPQ2d at 1721.
The claim is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. In the current claims, there is no additional elements that would integrate the abstract idea into a practical application (Step 2A: Prong Two Abstract Idea=Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables. In the current scenario, there are no additional elements that would amount to significantly more than the abstract idea. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: No). Accordingly, the claim is not patent eligible.
Further, dependent claims 21 and 22 does not add any positive limitation or step that recite within the scope of the claim and does not carry patentable weight they are also rejected for the same reasons as independent claims.
However, if applicant adds limitation from claim 6 and 13, it will overcome 35 USC 101 rejection.
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.
Claim(s) 1, 17, 18, 19, 21, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 110879071 B in view of Tadayon et al. Patent No. US 10908299 B1
Regarding Claim 1, CN 110879071 B teaches a positioning method (Fig. 5 and Para 84, vehicle position observation method), comprising:
obtaining a moment to be positioned at which positioning is to be performed (Fig. 5 and Para 82, The appropriate vehicle position observation method is selected based on the vehicle's current location as shown in Fig. 5. The observed value of the vehicle position at the kth moment is then obtained i.e., obtaining a moment to be positioned. The predicted value of the vehicle position at the kth moment is corrected according to the vehicle position observation model U, and the final estimated result of the vehicle position at the kth moment is output i.e., positioning is to be performed);
obtaining an Inertial Measurement Unit (IMU) output value of an IMU at the moment to be positioned (Para 12, Based on the vehicle position NER1 at the k-1 moment, the IMU module's output signal u NER2 at the kth moment i.e., IMU output value of the IMU at the moment, and the vehicle position prediction model P, calculates the predicted value of the vehicle position at the kth moment NER3 i.e., obtaining an IMU output value of an IMU at the moment to be positioned);
when a first measurement signal from a base station is received within a first predetermined time period (Fig. 5 at 1 and Para 82-88 Phase 1 the observed value of the vehicle position at the kth moment is 1 at phase 1 when the vehicle is within the coverage of the UWB base station signal of the i-th road network node i.e., when a first measurement signal from a base station is received within a first predetermined time period) which comprises the moment to be positioned (Fig. 5 positioned at 1), determining positioning information of a positioning device according to the IMU output value and the first measurement signal (Para 39, When the vehicle is operating within the coverage of the UWB base station of the first node in the field, the vehicle calculates its position through the UWB module of the vehicle positioning terminal and integrates the position information output by the IMU module to obtain high-precision positioning information of the vehicle i.e., determining positioning information of a positioning device according to the IMU output value and the first measurement signal); and
when a second measurement signal from a navigation satellite is received within a second predetermined time period (Fig. 5 at 3 and Para 93-95 Phase 3, When the vehicle leaves the coverage of the network camera at the i-th road network node c<sub>i，3</sub> and enters an open area where GNSS satellite signals can be well received, the vehicle position observation value can be obtained using the satellite-based three-point positioning method. Specifically, the vehicle position observation value at the k-th moment i.e., a second measurement signal from a navigation satellite is received within a second predetermined time period) which comprises the moment to be positioned, determining positioning information of a positioning device according to the IMU output value and the second measurement signal (Para 41, when the vehicle has exited the monitoring range of the network camera at the first node and entered the monitoring range of the network camera at the corresponding road section at the second node, the regional management unit of the second node will estimate the vehicle's position based on the real-time video captured by the network camera at this node and send it to the vehicle. The vehicle's onboard positioning terminal will fuse this positioning information with the position information output by the IMU module to obtain high-precision positioning information for the vehicle i.e., the moment to be positioned, determining positioning information of a positioning device according to the IMU output value and the second measurement signal).
CN 110879071 B does not specifically teach that the base station is 5G base station.
However, in the same field of endeavor, Tadayon teaches corrected User Equipment (UE) positioning is based at least in part on signaling that is associated with UE inertial measurements. Such measurements are used in some embodiments to track UE locations along trajectories of UE movement and develop or obtain a model to subsequently predict UE positioning corrections based on channel estimates of a wireless channel (Abstract). Tadayon further teaches that from Fig. 7 that gNb, and LMF and AI engine are network side component what are 5G base station component (Fig. 7 and Col 13 L40-45).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of CN 110879071 B with the method of Tadayon so that a BS can select beams that would serve UEs rather than aiming at empty space where no UE are located (See Tadayon Col 28 L 45-51).
Regarding Claim 17, it has been rejected for the same reasons as claim 1 and further teaches CN 110879071 B teaches positioning device, comprising an Inertial Measurement Unit (IMU) component, a 5G component, a satellite positioning component, a memory and a processor, wherein the IMU component, the 5G component, the satellite positioning component and the memory are respectively connected to the processor;
the IMU component is configured to obtain an IMU output value of a positioning device at an IMU sampling moment, and output the IMU output value to the processor;
the component is configured to receive from a base station, a first measurement signal of an uplink reference signal of the positioning device, wherein the uplink reference signal of the positioning device is measured by the base station at a sampling moment, and output the first measurement signal to the processor;
the satellite positioning component is configured to receive from a navigation satellite, a second measurement signal of the positioning device observed by the navigation satellite at a satellite sampling moment, and
output the second measurement signal to the processor; the memory stores a computer program; and the processor, when executing the computer program (Para 123 and Fig. 2).
CN 110879071 B does not specifically teach that the base station is 5G base station.
However, in the same field of endeavor, Tadayon teaches corrected User Equipment (UE) positioning is based at least in part on signaling that is associated with UE inertial measurements. Such measurements are used in some embodiments to track UE locations along trajectories of UE movement and develop or obtain a model to subsequently predict UE positioning corrections based on channel estimates of a wireless channel (Abstract). Tadayon further teaches that from Fig. 7 that gNb, and LMF and AI engine are network side component what are 5G base station component (Fig. 7 and Col 13 L40-45).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of CN 110879071 B with the method of Tadayon so that a BS can select beams that would serve UEs rather than aiming at empty space where no UE are located (See Tadayon Col 28 L 45-51).
Regarding Claim 18, CN 110879071 B teaches wherein the positioning device is any one of a mobile phone, a tablet computer, a portable wearable device, a vehicle and a ship (Fig. 5 and Para 11 and 12).
Regarding Claim 19, it has been rejected for the same reasons as claim 17.
Regarding Claim 21, CN 110879071 B teaches wherein the positioning device is any one of a mobile phone, a tablet computer, a portable wearable device, a vehicle and a ship (Fig. 5 and Para 11 and 12).
Regarding Claim 22, CN 110879071 B teaches wherein the positioning device is any one of a mobile phone, a tablet computer, a portable wearable device, a vehicle and a ship (Fig. 5 and Para 11 and 12).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 110879071 B in view of Tadayon et al. Patent No. US 10908299 B1 and further in view of Hou et al. Pub. No. US 20220138896 A1
Regarding Claim 15, CN 110879071 B and Tadayon does not specifically teach wherein the IMU output value comprises: a position, speed, and pose of the positioning device.
However, in the same field of endeavor, Hou teaches the IMU sensor may be configured to sense position and orientation changes of the vehicle(s) 110 based on various inertial sensors. By combining the GPS device and the IMU sensor, the sensor 112 can provide real-time pose information of the vehicle(s) 110 as it travels, including the positions and orientations (e.g., Euler angles) of the vehicle(s) 110 at each time point. Further, in addition to sensing the objects, the Radar unit may additionally be configured to sense the speed and/or heading of the objects (Para 40).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of CN 110879071 B with the method of Tadayon and further with the method of Hou so as to generate the HD map for positioning the vehicle in real-time and with more accuracy (see Hou Para 3).
Allowable Subject Matter
Claim 2-8 in combination of 9-14 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 and overcoming 35 USC 101 rejection.
The following is a statement of reasons for the indication of allowable subject matter: The prior art reference fail to teach the limitation of “wherein the moment to be positioned is an IMU sampling moment of the IMU mounted on the positioning device; the first measurement signal comprises a first 5G output value and a base station position of the 5G base station; determining the positioning information of the positioning device according to the IMU output value and the first measurement signal comprises: estimating a second 5G output value of the 5G base station at the moment to be positioned according to the first 5G output value, calculating a third 5G output value of the IMU at the moment to be positioned according to the IMU output value and the base station position, and determining the positioning information of the positioning device in conjunction with the second 5G output value and the third 5G output value; and wherein the moment to be positioned is an IMU sampling moment of the IMU mounted on the positioning device; the second measurement signal comprises a first satellite output value and a satellite position of the navigation satellite; determining the positioning information of the positioning device according to the IMU output value and the second measurement signal comprises: estimating a second satellite output value of the navigation satellite at the moment to be positioned according to the first satellite output value, calculating a third satellite output value of the IMU at the moment to be positioned according to the IMU output value and the satellite position, and determining the positioning information of the positioning device in conjunction with the second satellite output value and the third satellite output value. These limitation in combination of other elements are neither found nor disclosed in prior art as a whole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yerramalli et al. Pub. No. US 20230224738 A1 - USING POSITIONING INFORMATION WITH RADIO RESOURCE MANAGEMENT MEASUREMENTS
Shreevastav et al. Pub. No. US 20210400621 A1 - Wireless Device, Radio Network Node and Methods Performed Therein for Handling Positioning in a Wireless Communication Network
Gum et al. Pub. No. US 20210333411 A1 - DETERMINING CORRECT LOCATION IN THE PRESENCE OF GNSS SPOOFING
Kassas et al. Pub. No. US 20200025942 A1 - SIGNALS OF OPPORTUNITY AIDED INERTIAL NAVIGATION
Hage et al. Pub. No. US 20190172008 A1 - REDUNDANT WIRELESS ELECTRONIC MOTOR VEHICLE CHASSIS MONITORING NETWORK
Smith Pub. No. US 20180020329 A1 - Method and System for Internet of Things (iOT) Enhanced Location Based Services Trilateration
Edge et al. Pub. No. US 20170251055 A1 - METHOD AND APPARATUS FOR SUPPORTING LOCATION SERVICES VIA A HOME NODE B (HNB)
Palanki Pub. No. US 20160219550 A1 - UTILIZING MOTION DETECTION IN ESTIMATING VARIABILITY OF POSITIONING RELATED METRICS
Hesch et al. Pub. No. US 20150185018 A1 - Methods and Systems for Determining Estimation of Motion of a Device
Waters et al. Pub. No. US 20110068979 A1 - REDUCING COMPLEXITY OF CALCULATIONS PERFORMED BY A NAVIGATION SYSTEM RECEIVER
Research on the Real-time Information Fusion Algorithm for GNSS/MIMU Integrated Navigation System - 2014
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647