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 .
Request for Continued Examination (RCE) Under 37 CFR 1.114
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/24/2026 has been entered.
Information Disclosure Statement
3. The information disclosure statements (IDSs) submitted on 12/23/2025 and 02/06/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
4. This office action is in response to the amendment filed on 02/16/2026. Claims 1-19 and 24 are pending in this application and have been considered below. Claims 20-23 are cancelled by the applicant.
5. Applicant’s arguments with respect to claims 1, 11 and 24 have been considered but are moot in view of new ground(s) of rejection because of the amendments.
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. Claims 1-4, 7, 11-19 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Siomina et al. (US 20150189610) (hereinafter Siomina) in view of LINDSKOG et al. (US 20150382152) (hereinafter LINDSKOG).
Regarding claims 1 and 24:
As shown in figures 1-11, Siomina discloses a method, comprising:
transmitting, by a user equipment (130 in figure 2), an indication of a capability to report one or more time of departure compensation values (timing adjustments interpreted to be one or more time of departure compensation values. Par 0083) for one or more reference signals, wherein the one or more time of departure compensation values are associated with a positioning procedure (in par 0083 Siomina teaches “reporting a capability for the first node to the second node, where the capability indicates that the first node is capable of compensating positioning measurements or positioning results, or both, based on information related to one or more transmit timing adjustments applied to transmissions by a wireless device. Correspondingly, some methods may further include receiving a capability report from a second node, the capability indicating that the second node is capable of compensating positioning measurements or positioning results, or both, based on information related to one or more transmit timing adjustments applied to transmissions by a wireless device”);
determining the one or more time of departure compensation values for the one or more reference signals (par 0083); and
transmitting a report that comprises the one or more time of departure compensation values for the one or more reference signals (see figures 8, par 0083, 0274).
Siomina also discloses at least one processor (1110 in figure 11); and at least one memory (1150 in figure 11) comprising computer program code (1160 in figure 11), the at least one memory and computer program code configured, with the at least one processor (1110 in figure 11) (par 0298-0300) as recited in claim 24.
Siomina discloses all of the subject matter as described above except for specifically teaching based on one or more angular phase deviation values associated with an antenna array phase center offset.
However, LINDSKOG in the same field of endeavor teaches based on one or more angular phase deviation values (phase difference values) associated with an antenna array phase center offset (see figure 8, tables 1-3, par 0117-0121). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use phase difference measurements (phase deviation values) as taught by LINDSKOG to modify the system and method of Siomina in order to identify possible signal paths between the transmitting and receiving devices (par 0117) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claim 11:
As shown in figures 1-11, Siomina discloses a method, comprising:
receiving, by a network node (see in figure 2), an indication of a capability of a user equipment to report one or more time of departure compensation values (timing adjustments interpreted to be one or more time of departure compensation values. Par 0083) for one or more reference signals, wherein the one or more time of departure compensation values are associated with determining a positioning calculation (in par 0083 Siomina teaches “reporting a capability for the first node to the second node, where the capability indicates that the first node is capable of compensating positioning measurements or positioning results, or both, based on information related to one or more transmit timing adjustments applied to transmissions by a wireless device. Correspondingly, some methods may further include receiving a capability report from a second node, the capability indicating that the second node is capable of compensating positioning measurements or positioning results, or both, based on information related to one or more transmit timing adjustments applied to transmissions by a wireless device”);
receiving a report that comprises the one or more time of departure compensation values for the one or more reference signals (see figures 8, par 0083, 0274); and
determining the positioning calculation based on at least the one or more time of departure compensation values (par 0083).
Siomina discloses all of the subject matter as described above except for specifically teaching wherein the one or more time of departure compensation values are based on one or more angular phase deviation values associated with an antenna array phase center offset.
However, LINDSKOG in the same field of endeavor teaches wherein the one or more time of departure compensation values are based on one or more angular phase deviation values associated with an antenna array phase center offset (see figure 8, tables 1-3, par 0117-0121). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use phase difference measurements (phase deviation values) as taught by LINDSKOG to modify the system and method of Siomina in order to identify possible signal paths between the transmitting and receiving devices (par 0117) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
Regarding claims 2 and 12:
Siomina further discloses wherein the one or more reference signals comprise one or more sounding reference signals (par 0017, 0021-0022, 0032-0033).
Regarding claims 3 and 13:
Siomina further discloses an indication of a capability to report one or more time of departure estimated accuracy values (par 0112, 0252-0253, 0301).
Regarding claims 4 and 14:
Siomina further discloses determining the one or more time of departure estimated accuracy values for the one or more reference signals in association with determining the one or more time of departure compensation values (par 0112, 0252-0253, 0301).
Regarding claim 7:
Siomina further discloses wherein the report further comprises the one or more time of departure estimated accuracy values (par 0112, 0252-0253, 0301).
Regarding claim 15:
Siomina further discloses determining the positioning calculation based on the one or more time of departure compensation values (par 0082-0083).
Regarding claim 16:
Siomina further discloses determining the positioning calculation by compensating the positioning calculation with the one or more time of departure compensation values and the one or more time of departure estimated accuracy values (par 0112, 0252-0253, 0301).
Regarding claim 17:
Siomina further discloses determining the positioning calculation by compensating the positioning calculation with the one or more time of departure compensation values (par 0082-0083).
Regarding claim 18:
Siomina further discloses performing a positioning assessment based on the one or more time of departure compensation values (par abstract, 0082-0083, 0107, 0112-0118).
Regarding claim 19:
Siomina further discloses performing the positioning assessment based on one or more time of departure estimated accuracy values (par abstract, 0082-0083, 0107, 0112-0118).
Allowable Subject Matter
10. Claims 5-6 and 8-10 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.
11. The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, Siomina does not teach or suggest wherein determining the one or more time of departure compensation values and the one or more time of departure estimated accuracy values further comprises: determining the one or more time of departure estimated accuracy values based on one or more angle of arrival values, one or more angular phase deviation values, and one or more angular phase deviation estimated accuracy values.
The prior art of record, Siomina also does not teach or suggest receiving assistance information and a request for the one or more time of departure compensation values; and wherein determining the one or more time of departure compensation values further comprises: determining the one or more time of departure compensation values based on the assistance information.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Malik et al. (US 9918195) disclose method for estimating angle of arrival information by a receiving device receiving a wireless signal from a transmitting device over a wireless channel, determining a presence of cyclic shift diversity (CSD) in the wireless signal, and estimating an angle of arrival of the wireless based at least in part on the presence of CSD.
13. 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.
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14. 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