DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, field on or after Match 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/19/2023 and 12/01/2023 have been considered by the examiner and made of record in the application file.
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.
Claims 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claims 17-20, The claims do not fall within at least one of the four categories of patent eligible subject matter because the computer-readable storage medium is not precluded from being directed to a transmission media or a signal per se. The specification also fails to affirmatively limit the computer-readable medium to a non-transitory form. Examiner recommends an amendment to include the term “non-transitory” when referencing the computer readable storage medium.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,3-4,9,11-12,17-19 are being rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated over Keating et al. (US 20200229130 A1, hereinafter Keating).
Regarding claim 1, Keating discloses a positioning method comprising:
receiving, by a terminal, a request from a first base station, wherein the request requests the terminal to measure a positioning reference signal (Par. 0011: Lines 8-11; The gNB requests the UE to provide location information by sending a positioning reference signal);
measuring, by the terminal, the positioning reference signal based on the request, to obtain a measurement result (Par. 0011: Lines 11-13; The UE performs a measurement on the positioning reference signal);
sending, by the terminal, the measurement result to the first base station or a second base station (Par. 0011: Lines 12-13; The UE sends the location report to the gNB).
Regarding claim 3 as applied to claim 1, Keating discloses receiving, by the terminal, an RRC release message from the first base station, wherein the RRC release message carries the request (Par. 0013: Lines 2-5; UE receives information from base station causing it to transition from RRC connected mode to RRC non-connected mode; Par. 0053: Lines 1-2; UE is sent to RCC non-connected mode via RRC suspend or release procedure).
Regarding claim 4 as applied to claim 1, Keating discloses receiving, by the terminal, indication information from the first base station, wherein the indication information indicates to the terminal to measure the positioning reference signal in an RRC non-connected state (Par. 0035: Lines 1-5; The UE is flagged in the paging message to perform positioning measurements is the RRC_idle mode).
Regarding claim 9, Keating discloses a communication apparatus comprising:
a transceiver;
at least one processor;
and one or more memories coupled to the at least one processor and storing programming instructions, when executed by the at least one processor, cause the communications apparatus to (Par 0074: Lines 1-7; UE included processor, memory medium, and antenna capable of bi-directional wireless communication):
receiving, by a terminal, a request from a first base station, wherein the request requests the terminal to measure a positioning reference signal (Par. 0011: Lines 8-11; The gNB requests the UE to provide location information by sending a positioning reference signal);
measuring, by the terminal, the positioning reference signal based on the request, to obtain a measurement result (Par. 0011: Lines 11-13; The UE performs a measurement on he positioning reference signal);
sending, by the terminal, the measurement result to the first base station or a second base station (Par. 0011: Lines 12-13; The UE sends the location report to the gNB).
Regarding claim 11 as applied to claim 9, Keating discloses wherein the programming instructions, when executed by the at least one processor, further cause the communications apparatus to (Par. 0075: Lines 1-3; Programming instructions executed by processor enable device to operate in accordance with embodiments) receive an RRC release message from the first base station, wherein the RRC release message carries the request (Par. 0013: Lines 2-5; UE receives information from base station causing it to transition from RRC connected mode to RRC non-connected mode; Par. 0053: Lines 1-2; UE is sent to RC non-connected mode via RRC suspend or release procedure).
Regarding claim 12 as applied to claim 9, Keating discloses wherein the programming instructions, when executed by the at least one processor, further cause the communications apparatus to (Par. 0075: Lines 1-3; Programming instructions executed by processor enable device to operate in accordance with embodiments) receive indication information from the first base station, wherein the indication information indicates the communication apparatus to measure the positioning reference signal in an RRC non-connected state (Par. 0035: Lines 1-5; The UE is flagged in the paging message to perform positioning measurements is the RRC_idle mode).
Regarding claim 17, Keating discloses wherein the computer-readable storage medium stores a computer program or instructions (Par. 0074: Lines 2-4; UE includes a memory which stores a program of computer instructions);
and when the computer program or the instructions are executed by the processor, the processor is enabled to perform operations comprising (Par. 0075: Lines 1-3; Programming instructions executed by processor enable device to operate in accordance with embodiments):
receiving, by a terminal, a request from a first base station, wherein the request requests the terminal to measure a positioning reference signal (Par. 0011: Lines 8-11; The gNB requests the UE to provide location information by sending a positioning reference signal);
measuring, by the terminal, he positioning reference signal based on the request, to obtain a measurement result (Par. 0011: Lines 11-13; The UE performs a measurement on he positioning reference signal);
and sending, by the terminal, the measurement result to the first base station or a second base station (Par. 0011: Lines 12-13; The UE sends the location report to the gNB).
Regarding claim 18 as applied to claim 17, Keating discloses wherein the receiving, by a terminal, a request from a first bases station comprises:
receiving, by the terminal, an RRC release message from the first base station, wherein the RRC release message carries the request (Par. 0013: Lines 2-5; UE receives information from base station causing it to transition from RRC connected mode to RRC non-connected mode; Par. 0053: Lines 1-2; UE is sent to RC non-connected mode via RRC suspend or release procedure).
Regarding claim 19 as applied to claim 17. Keating discloses receiving, by the terminal, indication information from the first base station, wherein the indication information indicates the terminal to measure the positioning reference signal in an RRC non-connected state (Par. 0035: Lines 1-5; The UE is flagged in the paging message to perform positioning measurements is the RRC_idle mode).
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.
Claims 2,10 are rejected under 35 U.S.C. 103 as being unpatentable over Keating et al. (US 20200229130 A1, hereinafter Keating).
Regarding claim 2 as applied to claim 1, Keating discloses the terminal is in a radio resource control (RRC) connected state, and the request is carried in an RRC message or a broadcast message from the first base station; or
the terminal is in an RRC inactive state (Par. 0013: Lines 4-11: The UE is in RRC_inactive mode). In another embodiment, Keating discloses the request is carried in the broadcast message from the first base station or a paging message used to page the terminal (Par. 0058: Lines 1-7; UE is paged with a flag to wake up to perform positioning).
Therefore, it would have been obvious to one of ordinary skill in that art before the effective filing date of the invention to modify Keating by combining the teaching that the terminal is in an RRC inactive state with the teaching that the request to perform positioning measurements is delivered via a paging message. Operating in RRC connected mode consumes more power and requires multiple message exchanges between the base station and the UE to maintain connection. Operating in a RRC inactive mode would allow for a conservation of power and to minimize signal overhead.
Regarding claim 10 as applied to claim 9, Keating discloses the communication apparatus is in a radio resource control (RRC) connected state, and the request is carried in an RRC message or a broadcast message from the first base station; or
the communication appartaus is in an RRC inactive state (Par. 0013: Lines 4-11: The UE is in RRC_inactive mode). In another embodiment, Keating discloses the request is carried in the broadcast message from the first base station or a paging message used to page the terminal (Par. 0058: Lines 1-7; UE is paged with a flag to wake up to perform positioning).
Therefore, it would have been obvious to one of ordinary skill in that art before the effective filing date of the invention to modify Keating by combining the teaching that the terminal is in an RRC inactive state with the teaching that the request to perform positioning measurements is delivered via a paging message. Operating in RRC connected mode consumes more power and requires multiple message exchanges between the base station and the UE to maintain connection. Operating in a RRC inactive mode would allow for a conservation of power and to minimize signal overhead.
Claims 5,13,20 are rejected under 35 U.S.C. 103 as being unpatentable over Keating et al. (US 20200229130 A1, hereinafter Keating) in view of Official Notice.
Regarding claim 5 as applied to claim 1, Keating discloses positioning assistance information, and the positioning assistance information indicates the positioning reference signal (Par. 0005: Lines 7-11; The gNB sends assistance information to the UE to assist in making measurements of the PRS; Par. 0051: Lines 1-2; The UE receives OTDOA and PRS configuration information).
However, Keating does not clearly teach the positioning assistance information is included in the request message. Examiner takes official note that sending multiple pieces of information in a single request is well known.
Therefore, it would have been obvious to one of ordinary skill in that art before the effective filing date of the invention to include the positioning assistance information in the message from the base station to the terminal requesting the terminal to measure a positioning reference signal to streamline signaling and reduce latency.
Regarding claim 13 as applied to claim 9, Keating discloses positioning assistance information, and the positioning assistance information indicates the positioning reference signal (Par. 0005: Lines 7-11; The gNB sends assistance information to the UE to assist in making measurements of the PRS; Par. 0051: Lines 1-2; The UE receives OTDOA and PRS configuration information).
However, Keating does not clearly teach the positioning assistance information is included in the request message. Examiner takes official note that sending multiple pieces of information in a single request is well known.
Therefore, it would have been obvious to one of ordinary skill in that art before the effective filing date of the invention to include the positioning assistance information in the message from the base station to the terminal requesting the terminal to measure a positioning reference signal to streamline signaling and reduce latency.
Regrading claim 20 as applied to claim 17, Keating discloses positioning assistance information, and the positioning assistance information indicates the positioning reference signal (Par. 0005: Lines 7-11; The gNB sends assistance information to the UE to assist in making measurements of the PRS; Par. 0051: Lines 1-2; The UE receives OTDOA and PRS configuration information).
However, Keating does not clearly teach the positioning assistance information is included in the request message. Examiner takes official note that sending multiple pieces of information in a single request is well known.
Therefore, it would have been obvious to one of ordinary skill in that art before the effective filing date of the invention to include the positioning assistance information in the message from the base station to the terminal requesting the terminal to measure a positioning reference signal to streamline signaling and reduce latency.
Claims 6-7, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Keating et al. (US 20200229130 A1, hereinafter Keating) in view of Official Notice in further view of Agnihotri et al. (US 20190327707 A1, hereinafter Agnihotri).
Regarding claim 6 as applied to claim 5, Keating discloses the claimed invention but does not disclose wherein the positioning assistance information comprises at least one of time-frequency resource, a transmission periodicity, or a quantity of symbols of the positioning reference signal.
However, Agnihotri discloses wherein the positioning assistance information comprises at least one of time-frequency resource, a transmission periodicity, or a quantity of symbols of the positioning reference signal (Par. 0067: Lines 10-16; The PRS configuration information may include periodicity, PRS bandwidth, and PRS carrier frequency).
Although Agnihotri teaches sending the PRS configuration information from the eNB to a location server, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate this PRS configuration information into the request message from the base station to the UE, as taught by Keating. This would streamline signaling, reduce latency, and enable the UE to perform more accurate and timely positioning measurements.
Regarding claim 7 as applied to claim 1, Keating discloses receiving a to-be-measured measurement quantity, the to-be-measured measurement quantity comprises at least one of an angle of arrival, a reference signal time difference, or a receiving time difference (Claim 1 and Claim 6: UE receives PRS configuration information from a base station which includes RSDT measurements). However, Keating does not explicitly disclose the inclusion of the to-be-measured measurement quantity in the request.
Agnihotri discloses a measurement configuration parameter, and the measurement configuration parameter comprises at least one of a measurement periodicity, a quantity of measurement times, whether periodic reporting is performed, or a measurement identifier (Par. 0071: Lines 34-39; The UE is given a preferred number of occasions for which the UE should attempt to measure the PRS). However, Agnihotri does not explicitly disclose the inclusion of the measurement configuration parameter in the request.
It is officially noted that sending multiple pieces of related information (e.g., what to measure and how to measure it) in a single request message is a well-known practice. Combining these two sets of information into a single request minimizes signaling overhead and reduces latency. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosures of Keating and Agnihotri to include both sets of information in a single request. Such a modification represents a predictable and routing optimization.
Regarding claim 14 as applied to claim 13, Keating discloses the claimed invention but does not disclose wherein the positioning assistance information comprises at least one of time-frequency resource, a transmission periodicity, or a quantity of symbols of the positioning reference signal.
However, Agnihotri discloses wherein the positioning assistance information comprises at least one of time-frequency resource, a transmission periodicity, or a quantity of symbols of the positioning reference signal (Par. 0067: Lines 10-16; The PRS configuration information may include periodicity, PRS bandwidth, and PRS carrier frequency).
Although Agnihotri teaches sending the PRS configuration information from the eNB to a location server, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate this PRS configuration information into the request message from the base station to the UE, as taught by Keating. This would streamline signaling, reduce latency, and enable the UE to perform more accurate and timely positioning measurements.
Regarding claim 15 as applied to claim 9, , Keating discloses receiving a to-be-measured measurement quantity, the to-be-measured measurement quantity comprises at least one of an angle of arrival, a reference signal time difference, or a receiving time difference (Claim 1 and Claim 6: UE receives PRS configuration information from a base station which includes RSDT measurements). However, Keating does not explicitly disclose the inclusion of the to-be-measured measurement quantity in the request.
Agnihotri discloses a measurement configuration parameter, and the measurement configuration parameter comprises at least one of a measurement periodicity, a quantity of measurement times, whether periodic reporting is performed, or a measurement identifier (Par. 0071: Lines 34-39; The UE is given a preferred number of occasions for which the UE should attempt to measure the PRS). However, Agnihotri does not explicitly disclose the inclusion of the measurement configuration parameter in the request.
It is officially noted that sending multiple pieces of related information (e.g., what to measure and how to measure it) in a single request message is a well-known practice. Combining these two sets of information into a single request minimizes signaling overhead and reduces latency. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosures of Keating and Agnihotri to include both sets of information in a single request. Such a modification represents a predictable and routing optimization.
Claims 8,16 are rejected under 35 U.S.C. 103 as being unpatentable over Keating et al. (US 20200229130 A1, hereinafter Keating) in view of Iwamura et al. (US 8423026 B2, hereinafter Iwamura).
Regarding claim 8 as applied to claim 1, Keating discloses when the terminal is in an RRC connected state, and the terminal is served by the first base station, sending, by the terminal, the measurement result to the first base station or when the terminal is served by the second base station, sending, by the terminal, the measurement result to the second base station; or
when the terminal is in an RRC non-connected state, sending, by the terminal, the measurement result to the first base station (Par. 0014: Lines 11-14; While the UE is in RRC_inactive or RRC_idle mode, the UE send location report to the base station) or when a camped cell of the terminal corresponds to the second base station, sending, by the terminal, the measurement result to the second base station .
Keating does not disclose a camped cell of the terminal corresponds to the first base station. Iwamura, however, discloses a camped cell of the terminal corresponds to the first base station (Col. 4: Lines 7-10; The camped cell is the cell under control of the base station to which the UE belongs to).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Keating with Iwamura to recognize that the base station receiving the measurement result with the UE is in a RRC non-connected state corresponds to the camped cell’s base station, as this is standard network behavior in idle/inactive state. Such a combination would allow efficient routing of measurement reports without unnecessary signaling overhead.
Regarding claim 16 as applied to claim 9, Keating discloses the communication apparatus is in an RRC connected state, and the communication apparatus is served by the first base station, the programming instructions, when executed by the at least one processor, further cause the communications apparatus to send the measurement result to the first base station[[;]] or when the communication apparatus is served by the second base station, the programming instructions, when executed by the at least one processor, further cause the communications apparatus to send the measurement result to the second base station; or
when the communication apparatus is in an RRC non-connected state, the programming instructions, when executed by the at least one processor, further cause the communications apparatus to send the measurement result to the first base station (Par. 0014: Lines 11-14; While the UE is in RRC_inactive or RRC_idle mode, the UE send location report to the base station; Par. 0075: Lines 1-3; Programming instructions executed by processor enable device to operate in accordance with embodiments).
Keating does not disclose a camped cell of the terminal corresponds to the first base station. Iwamura, however, discloses a camped cell of the terminal corresponds to the first base station (Col. 4: Lines 7-10; The camped cell is the cell under control of the base station to which the UE belongs to).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Keating with Iwamura to recognize that the base station receiving the measurement result with the UE is in a RRC non-connected state corresponds to the camped cell’s base station, as this is standard network behavior in idle/inactive state. Such a combination would allow efficient routing of measurement reports without unnecessary signaling overhead.
Conclusion
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/FABIAN BOTELLO/Examiner, Art Unit 2648
/WESLEY L KIM/Supervisory Patent Examiner, Art Unit 2648