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 .
Response to Amendment
This Office Action is in response to claims filed on 12/26/2025.
Claims 1, 3-4, 8-9, 15-17, 19, 21-22 and 26 has been amended.
Claims 2, 6-7, 11, 13, 18, 20, 24 and 27 have been cancelled.
Claims 1, 3-5, 8-10, 12, 14-17, 19, 21-23 and 25-26 remain pending in the application.
Claim Rejections - 35 USC § 103
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 1, 4, 8-9, 17, 19 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev et al. (US 2022/0053450 A1); in view of Opshaug et al. (US 2021/0067990 A1).
Regarding claims 1 and 17; Khoryaev discloses configuring for a user equipment (UE), a target measurement gap for an aperiodic downlink PRS or a semi-persistent downlink PRS (a UE may be preconfigured with a set of measurement gap (MG) configurations each associated with MG configuration ID; the UE MG configuration ID can be dynamically signaled to the UE and may be associated with semi-persistent, or aperiodic configuration; MG configurations are used for DL PRS processing; see paragraph [0172] and Table 1); wherein the target measurement gap is an aperiodic measurement gap or a semi-persistent measurement gap (the UE MG configuration ID can be dynamically signaled to the UE and may be associated with semi-persistent, or aperiodic configuration; see paragraph [0172]).
Khoryaev discloses a network device configures a measurement gap for an aperiodic downlink PRS.
Khoryaev does not explicitly disclose the measurement gap is determined by a reported positioning measurement capability.
Opshaug discloses wherein before configuring for the UE, the target measurement gap for the aperiodic downlink PRS or semi-persistent downlink PRS, the method further includes: determining the target measurement gap according to target information, wherein the target information is UE positioning measurement capability information reported by the UE (the UE reports capability message to provide the positioning capabilities of the UE; the base station determines whether to configure the UE with a measurement gap for intra-frequency positioning measurements outside of the DL BWP; the network device assigns and transmits the measurement gap to the UE; the measurement gap is for aperiodic downlink PRS; see paragraphs [0083], [0088] and Fig. 5A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev and Opshaug to determine a measurement gap based on a UE positioning measurement capability to support intra-frequency positioning measurements outside the DL BWP of the UE (see paragraph [0088] of Opshaug).
Specifically for claim 17; Khoryaev discloses a network device (network node; see paragraph [0018]), comprising: a transceiver (network interface device; see Fig. 19), a memory (main memory; see Fig. 19), a processor (processor; see Fig. 19), and a program stored in the memory and executable on the processor (instructions; see Fig. 19).
Regarding claims 8 and 21; Khoryaev discloses obtaining a target measurement gap for an aperiodic downlink PRS or a semi-persistent downlink PRS, which is configured by a network device for the UE (a UE may be preconfigured with a set of measurement gap (MG) configurations each associated with MG configuration ID; the UE MG configuration ID can be dynamically signaled to the UE and may be associated with semi-persistent, or aperiodic configuration; MG configurations are used for DL PRS processing; see paragraph [0172] and Table 1); wherein the target measurement gap is an aperiodic measurement gap or a semi-persistent measurement gap (the UE MG configuration ID can be dynamically signaled to the UE and may be associated with semi-persistent, or aperiodic configuration; see paragraph [0172]); and performing downlink PRS reception and measurement according to the target measurement gap (the procedure activates DL PRS transmission and provide DL PRS configuration as well as semi-persistent or aperiodic MG pattern; perform UE DL PRS measurement; see paragraph [0209] and [0212]).
Khoryaev discloses a network device configures a measurement gap for an aperiodic downlink PRS.
Khoryaev does not explicitly disclose the measurement gap is determined by a reported positioning measurement capability.
Opshaug discloses wherein before configuring for the UE, the target measurement gap for the aperiodic downlink PRS or semi-persistent downlink PRS, the method further includes: determining the target measurement gap according to target information, wherein the target information is UE positioning measurement capability information reported by the UE (the UE reports capability message to provide the positioning capabilities of the UE; the base station determine whether to configure the UE with a measurement gap for intra-frequency positioning measurements outside of the DL BWP; the network device assigns and transmits the measurement gap to the UE; the measurement gap is for aperiodic downlink PRS; see paragraphs [0083], [0088] and Fig. 5A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev and Opshaug to determine a measurement gap based on a UE positioning measurement capability to support intra-frequency positioning measurements outside the DL BWP of the UE (see paragraph [0088] of Opshaug).
Specifically for claim 21; Khoryaev discloses a ser equipment (UE) (a user device; see paragraph [0018]), comprising: a transceiver (network interface device; see Fig. 19), a memory (main memory; see Fig. 19), a processor (processor; see Fig. 19), and a program stored in the memory and executable on the processor (instructions; see Fig. 19).
Regarding claims 4 and 19; Khoryaev discloses wherein configuring for the UE, the target measurement gap for the aperiodic downlink PRS or semi- persistent downlink PRS, includes: transmitting a configuration parameter of the target measurement gap to the UE (the UE MG configuration ID can be dynamically signaled to the UE and may be associated with semi-persistent, or aperiodic configuration; see paragraph [0172]); and/or, configuring a target duration of the aperiodic downlink PRS or semi-persistent downlink PRS for the UE; wherein the target duration is a sub-frame, slot or OFDM symbol where the aperiodic downlink PRS or semi-persistent downlink PRS is located, and the target measurement gap is configured by configuring the target duration (no patentable weight is given due to the claim language or).
Regarding claims 9 and 22; Khoryaev discloses wherein obtaining the target measurement gap for the aperiodic downlink PRS or the semi-persistent downlink PRS, which is configured by the network device for the UE, includes: receiving a configuration parameter of the target measurement gap transmitted by the network device (the UE MG configuration ID can be dynamically signaled to the UE and may be associated with semi-persistent, or aperiodic configuration; see paragraph [0172]); and/or, obtaining a target duration of the aperiodic downlink PRS or semi-persistent downlink PRS configured by the network device for the UE; wherein the target duration is a sub-frame, slot or OFDM symbol where the aperiodic downlink PRS or semi-persistent downlink PRS is located, and the target measurement gap is configured by configuring the target duration (no patentable weight is given due to the claim language or).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev; in view of Opshaug; and in further view of Zhang et al. (US 2022/0069889 A1).
Regarding claim 3; the combination of Khoryaev and Opshaug discloses configuring a measurement gap for an aperiodic DL PRS.
The combination of Khoryaev and Opshaug does not explicitly disclose the time unit of the measurement gap is OFDM symbols.
Zhang discloses wherein a time unit of the target measurement gap is associated with the UE positioning measurement capability information reported by the UE; the time unit of the target measurement gap is sub-frame, slot, or orthogonal frequency division multiplexing (OFDM) symbol (each measurement gap may be configured to have a duration of multiple OFDM symbols; see paragraph [0098]); or, wherein the UE positioning measurement capability information includes at least one of the following: in the same sub-frame or slot, whether the UE is able to simultaneously perform positioning measurement and downlink processing; in a downlink activated bandwidth part, whether the UE is able to simultaneously perform positioning measurement and downlink processing; in different bandwidth parts of the same frequency band, whether the UE is able to simultaneously perform positioning measurement and downlink processing; or, in different frequency bands, whether the UE is able to simultaneously perform positioning measurement and downlink processing; wherein the downlink processing includes downlink channel processing or processing of downlink signals other than downlink PRS (no patentable weight is given to other limitations due to the claim language or).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev, Opshaug and Zhang to have OFDM symbols as a measurement gap time unit to compliance with 3GPP standard (see paragraph [0004] of Zhang).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev; in view of Opshaug; in view of Sadeghi et al. (US 2018/0063736 A1); and in further view of Duan et al. (US 2022/0057474 A1).
Regarding claim 5; Khoryaev discloses configuring a measurement gap for an aperiodic DL PRS.
The combination of Khoryaev and Opshaug does not explicitly disclose receiving a configuration parameter of the measurement gap.
Sadeghi discloses transmitting a first configuration parameter of the aperiodic measurement gap to the UE (a WTRU may receive a measurement indication; downlink reference signals may include a positioning reference signal; dynamically indicated resources on which a WTRU may take measurements may be considered an aperiodic measurement gap within which a WTRU may perform a plurality of measurements; see paragraphs [0055], [0100] and [0176]); wherein the first configuration parameter includes: any two of the first starting moment, the first end moment and a first duration; and the first duration is a duration from the first starting moment to the first end moment (the measurement indication may include a start time, an end time, a length of time; see paragraph [0099]). or, wherein in case that the target measurement gap is the semi-persistent measurement gap for the semi-persistent downlink PRS, the transmitting the configuration parameter of the target measurement gap to the UE, includes: in one semi-persistent downlink PRS period, determining a minimum value of starting moments of semi-persistent downlink PRS resource sets from all downlink cells, as a second starting moment of the semi-persistent measurement gap; in the semi-persistent downlink PRS period, determining a maximum value of end moments of semi-persistent downlink PRS resource sets from all downlink cells, as a second end moment of the semi-persistent measurement gap; transmitting a second configuration parameter of the semi-persistent measurement gap to the UE; wherein the second configuration parameter includes: a repetition period of the semi- persistent measurement gap and a configuration parameter of one semi-persistent measurement gap; the configuration parameter of the one semi-persistent measurement gap includes: any two of the second starting moment, the second end moment and a second duration; and the second duration is a duration from the second starting moment to the second end moment (no patentable weight is given due to the claim language or).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev, Opshaug and Sadeghi to receive a configuration parameter of the aperiodic measurement gap for the downlink PRS in order to improve measurement accuracy (see paragraph [0075] of Sadeghi).
The combination of Khoryaev, Opshaug and Sadeghi discloses receiving a configuration parameter of the aperiodic measurement gap for the downlink PRS.
The combination of Khoryaev, Opshaug and Sadeghi does not explicitly disclose determining minimum value and maximum value of PRS resource sets from all downlink cells.
Duan discloses wherein in case that the target measurement gap is the aperiodic measurement gap for the aperiodic downlink PRS, the transmitting the configuration parameter of the target measurement gap to the UE, includes: determining a minimum value of starting moments of aperiodic downlink positioning reference signal PRS resource sets from all downlink cells, as a first starting moment of the aperiodic measurement gap (determining starting symbol of an earliest arrival neighboring PRS; see paragraph [0113] and Fig. 6); determining a maximum value of end moments of the aperiodic downlink PRS resource sets from all downlink cells, as a first end moment of the aperiodic measurement gap (determining ending symbol of a latest arrival neighboring PRS; the PRS symbol duration K is determined by the ending symbol and starting symbol in the slot; see paragraphs [0111], [0113] and Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev, Opshaug, Sadeghi and Duan to determine minimum value and maximum value of PRS resource sets from all downlink cells in order to determine the duration of the time within any measurement window (see paragraph [0111] of Duan).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev; in view of Opshaug; and in further view of Sadeghi.
Regarding claim 10; Khoryaev discloses configuring a measurement gap for an aperiodic DL PRS.
The combination of Khoryaev and Opshaug does not explicitly disclose receiving a configuration parameter of the measurement gap.
Sadeghi discloses wherein receiving the configuration parameter of the target measurement gap transmitted by the network device, includes: receiving a first configuration parameter of the aperiodic measurement gap for the aperiodic downlink PRS transmitted by the network device (a WTRU may receive a measurement indication; downlink reference signals may include a positioning reference signal; dynamically indicated resources on which a WTRU may take measurements may be considered an aperiodic measurement gap within which a WTRU may perform a plurality of measurements; see paragraphs [0055], [0100] and [0176]); wherein the first configuration parameter includes any two of a first starting moment of the aperiodic measurement gap, a first end moment of the aperiodic measurement gap and a first duration; and the first duration is a duration from the first starting moment to the first end moment (the measurement indication may include a start time, an end time, a length of time; see paragraph [0099]); or wherein receiving the configuration parameter of the target measurement gap transmitted by the network device, includes: receiving a second configuration parameter of the semi-persistent measurement gap for the semi-persistent downlink PRS transmitted by the network device; wherein the second configuration parameter includes: a repetition period of the semi- persistent measurement gap and a configuration parameter of one semi-persistent measurement gap; the configuration parameter of the one semi-persistent measurement gap includes any two of the second starting moment of the semi-persistent measurement gap, the second end moment of the semi-persistent measurement gap and a second duration; and the second duration is a duration from the second starting moment to the second end moment (no patentable weight is given due to a claim language or).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev, Opshaug and Sadeghi to receive a configuration parameter of the aperiodic measurement gap for the downlink PRS in order to improve measurement accuracy (see paragraph [0075] of Sadeghi).
Claims 12, 14, 16, 23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev; in view of Opshaug; and in further view of Rao et al. (US 2023/0283424 A1).
Regarding claims 12 and 23; Khoryaev discloses configuring a measurement gap for an aperiodic DL PRS.
The combination of Khoryaev and Opshaug does not explicitly disclose determining to receive and measure the DL PRS, and not receive and process a DL channel.
Rao discloses wherein in case of obtaining the target duration of the aperiodic downlink PRS or semi-persistent downlink PRS configured by the network device for the UE, performing downlink PRS reception and measurement according to the target measurement gap, includes: according to UE positioning measurement capability information, determining to receive and measure the downlink PRS within the target duration, and not receive and process a downlink channel or a first downlink signal (the WTRU may suspend data reception for the duration of a PRS measurement if an LCH associated with the data reception has a priority level that is lower than the priority level associated with the PRS; see paragraph [0111] ). or, according to the UE positioning measurement capability information, determining to perform downlink PRS reception and measurement within the target duration, and receive and process the downlink channel or the first downlink signal; wherein the first downlink signal is a downlink signal other than the downlink PRS; or, wherein the method further includes: transmitting UE positioning measurement capability information to the network device; in case of obtaining the target duration of the aperiodic downlink PRS or semi-persistent downlink PRS configured by the network device for the UE, performing downlink PRS reception and measurement according to the target measurement gap, includes: determining the target measurement gap according to the UE positioning measurement capability information; within the target measurement gap, performing downlink PRS reception and measurement (no patentable weight is given due to the claim language or).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev, Opshaug and Rao to receive and measure the DL PRS, and not receive and process a DL channel to improve the latency and increase the accuracy of the positioning related services (see paragraph [0002] of Rao).
Regarding claims 14 and 25; Khoryaev discloses configuring a measurement gap for a DL PRS.
The combination of Khoryaev and Opshaug does not explicitly disclose determining to perform the DL PRS and/or a DL transmission.
Rao discloses in the same sub-frame or slot, in case that the UE is unable to simultaneously perform positioning measurement and downlink processing, determining the target measurement gap according to association between the UE positioning measurement capability information and configuration parameters of the measurement gap (the WTRU may determine the priority of DL PRS and the priority of a MG for the DL PRS, and compare the priority to the priority of overlapping DL transmission; the WTRU may determine whether to drop the DL PRS or the overlapping DL transmission based on the determination and comparison; see paragraphs [0159] - [0160]); in the same sub-frame or slot, in case that the UE is able to simultaneously perform positioning measurement and downlink processing, determining the target measurement gap according to association between the UE positioning measurement capability information and configuration parameters of the measurement gap as well as a valid condition (if the priority associated with the MG of the DL PRS is above a first configured threshold and the priority associated with other DL transmission is above a second configured threshold, the WTRU may simultaneously receive both transmissions; see paragraph [0159] – [0160]); wherein the downlink processing includes downlink channel processing or processing of downlink signals other than downlink PRS (the DL transmission is different from DL PRS; see paragraph [0160]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev, Opshaug and Rao to perform a DL PRS to improve the latency and increase the accuracy of the positioning related services (see paragraph [0002] of Rao).
Regarding claim 16; Khoryaev discloses configuring a measurement gap for a DL PRS.
The combination of Khoryaev and Opshaug does not explicitly disclose determining to perform the DL PRS, and not a DL transmission.
Rao discloses wherein in case that the UE positioning measurement capability information includes: whether the UE is able to simultaneously perform positioning measurement and downlink processing in a downlink active bandwidth part, in different bandwidth parts of the same frequency band or in different frequency bands, performing downlink PRS reception and measurement according to the target measurement gap (a WTRU may report to a network that the WTRU is capable of receiving a DL PRS and another overlapping DL transmission; see paragraph [0160]), includes: performing the downlink PRS reception and measurement in the downlink active bandwidth part, in different bandwidth parts of the same frequency band or in different frequency bands, according to the UE positioning measurement capability information (the WTRU may determine the priority of the DL PRS and/or priority of a MG for the DL PRS, and compare the priority to the priority of the overlapping DL transmission; the WTRU may determine whether to drop the DL PRS or the overlapping DL transmission based on the determined comparison; see paragraph [0160]); wherein the downlink processing includes downlink channel processing or processing of downlink signals other than downlink PRS (the DL transmission is not DL PRS; see paragraph [0160]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Khoryaev, Opshaug and Rao to perform a DL PRS to improve the latency and increase the accuracy of the positioning related services (see paragraph [0002] of Rao).
Allowable Subject Matter
Claims 15 and 26 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.
The closet prior art on the record Rao et al. (US 2023/0283424 A1) discloses a user equipment is capable of simultaneously receiving a DL PRS and a DL transmission.
However, Rao does not disclose determining an effective slot where the aperiodic or semi-persistent downlink PRS is located, as a measurement gap. In both frequency division duplex mode and time division duplex mode, the effective slot is a slot in which N1 OFDM symbols are reserved between the aperiodic or semi-persistent downlink PRS and a DL transmission signal.
Response to Arguments
In response to the applicant’s arguments that Opsharug does not teach determining an aperiodic measurement gap or a semi-persistent measurement gap according to UE positioning measurement capability information reported by the UE; the examiner respectfully disagrees.
Opsharug discloses a network device determines whether to configure a UE with a measurement gap for intra-frequency positioning measurements based upon UE positioning measurement capability information reported by the UE. The network device assigns and transmits a measurement gap for intra-frequency positioning measurements to the UE. The measurement gap is an aperiodic measurement gap (see paragraphs [0083], [0088] and Fig. 5A). Therefore, based on UE positioning measurement capability information, the network device not only determines whether to use measurement gap but also determines (assigns) a measurement gap for the UE.
Therefore, Opsharug discloses the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/N.L/Examiner, Art Unit 2415
/MANSOUR OVEISSI/Primary Examiner, Art Unit 2415