CTNF 18/250,326 CTNF 101124 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on 04/24/2023 and 05/04/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-07 This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) are: “ means for receiving transmitter phase information from a second network node ” and “ means for obtaining positioning measurements of the plurality of PRS transmitted by the at least one network node” in claim 51. Because these claim limitation(s) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 1-27, 32, 34, 36, 39, 44-45 and 51-52 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 sets forth a first network node, a second network node and a least one network node. Reference to the at least one network node is unclear as one cannot ascertain if the at least one network node is referring to the first network node, the second network node, a combination of first and second network nodes, another network node (separate from the first and second network nodes), etc. Therefore, the meets and bounds of the at least one other network node and what all it encompasses is indefinite. Claim 2, 3, 5, 9, 10, 15, 16, 17, 26, 27, 33, 51 and 52 suffer from the same deficiency regarding the meets and bounds of the at least one other network node and what all it encompasses being indefinite. Accordingly claims 1-27, 32, 34, 36, 39, 44-45 and 51-52 are rejected as being dependent upon a rejected base claim. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-5, 9-11, 13-20, 23, 26-27, 34, 36, 39, 44-45 and 51-52 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Kim (US 2020/0204317) . Regarding claim 1, Kim discloses a method of wireless communication node ( Abstract: A method for a terminal to transmit and receive signals for position estimation in a wireless communication system ) performed by a first network ( Fig. 4(a), Serving BS ), comprising: receiving transmitter phase information from a second network node ( Fig. 4(a), UE 1 ), the transmitter phase information including one or more parameters representing phase of a plurality of positioning reference signals (PRS) transmitted by at least one network node on a plurality of frequency intervals ( [0071] As described above, BSs may transmit a DL positioning reference signal (PRS) (e.g., the first signal) using different frequencies (e.g., FIG. 4(a)). The UE may measure the phase difference for the DL PRS received from each BS, and transmit the information of the measured phase difference to each BS through a UL PRS (e.g., the second signal) ); and obtaining positioning measurements of the plurality of PRS transmitted by the at least one network node based on the one or more parameters representing the phase of the plurality of PRS to enable a location of a user equipment (UE) to be determined based on at least the positioning measurements of the plurality of PRS ( [0076] The serving BS may identify the location of the UE based on the phase difference measured through the PRS received from another BS and the phase difference information received through the UL PRS of the UE. ). Regarding claim 2, Kim discloses the method of claim 1, further comprising: transmitting a second plurality of PRS to the at least one network node on a second plurality of frequency intervals ( Fig. 8; [0113] Referring to FIG. 8, a BS … may transmit multiple DL PRS subframes while changing the angular frequency. ); and transmitting second transmitter phase information, the second transmitter phase information including one or more parameters representing phase of the second plurality of PRS on the second plurality of frequency intervals ( [0114] In order for the UE to calculate and report a phase difference for each DL PRS subframe, the BS may provide the UE with information about an angular frequency (e.g., an identifier for distinguishing angular frequencies) for each DL PRS subframe by higher layer/physical layer signaling. The UE may calculate phase differences for all DL PRS subframes based on the angular frequency changed every DL PRS subframe and report the calculated phase differences or only a phase difference for a DL PRS having good performance to the BS. ). Regarding claim 3, Kim discloses the method of claim 2, wherein: the first network node is the UE ( [0119] FIG. 10 illustrates an example in which reference BSs and UEs transmit a PRS to a serving BS. Here, m and n represent the distances between the reference BSs and the serving BS. ), the second transmitter phase information is transmitted to the at least one network node or the second network node, the at least one network node is a serving base station of the UE, a base station involved in a positioning session with the UE, or a sidelink UE, and the second network node is the serving base station of the UE or a location server ( [0120] A UE may calculate a phase difference for each received DL PRS and report the same to the serving BS through a UL PRS. The reference BSs also transmit a PRS to the serving BS. ). Regarding claim 4, Kim discloses the method of claim 3, wherein the second transmitter phase information is forwarded by the second network node to all base stations involved in a positioning session with the UE ( [0140] As illustrated in FIG. 11, the reference BSs may also transmit PRSs to the serving BS. Each Reference BS and the UE may simultaneously perform PRS transmission to the serving BS using different angular frequencies, or may sequentially perform PRS transmission. When the PRSs are sequentially transmitted, they need to scheduled so as not to cause interference between the PRS transmissions in order to improve accuracy of the location estimation. Accordingly, each reference BS and the UE may receive information (e.g., transmission time, PRS resource, etc.) about a rule for transmission of PRSs to the serving BS from the location server by physical layer/high layer signaling. ). Regarding claim 5, Kim discloses the method of claim 2, wherein: the first network node is a base station involved in a positioning session with the UE, the second transmitter phase information is transmitted to the at least one network node or the second network node, the at least one network node is the UE, and the second network node is the UE or a location server ( [0143] the UE may transmit the respective phase differences to the serving BS through different UL PRS subframes. Accordingly, the network may inform the UE of information about the phase differences that should be transmitted in the respective UL PRS subframes, through a higher layer/physical layer. ). Regarding claim 9, Kim discloses the method of claim 1, further comprising: receiving second transmitter phase information ( [0120] A UE may calculate a phase difference for each received DL PRS and report the same to the serving BS through a UL PRS. The reference BSs also transmit a PRS to the serving BS. The serving BS may estimate the location of the UE as well as the distance from the UE based on the PRSs received from the UE and the reference BSs. ), the second transmitter phase information including one or more parameters representing phase of a second plurality of PRS transmitted to the at least one network node on a second plurality of frequency intervals ( [0113] Referring to FIG. 8, a BS does not transmit one or more DL PRS subframes at a fixed angular frequency as in FIG. 7, but may transmit multiple DL PRS subframes while changing the angular frequency. ). Regarding claim 10, Kim discloses the method of claim 9, wherein: the first network node is a location server, the at least one network node and the second network node are the UE, the second transmitter phase information is received from a base station involved in a positioning session with the UE ( [0141] When the serving BS intends to identify only the distance from the UE, the UE does not need to transmit phase difference information about the DL PRSs of the reference BSs to the serving BS, and the serving BS does not need to receive PRSs from the reference BSs. Related information may be configured by the location server. ) Regarding claim 11, Kim discloses the method of claim 1, further comprising: transmitting the positioning measurements of the plurality of PRS to a positioning entity to enable the positioning entity to calculate the location of the UE ( [0071] Accordingly, each BS may obtain x, y, and z, which are distances between each BS and the UE. Each BS may transmit the information of distance x, y, z to the location server, and the location server may determine the location of the UE using a method such as triangulation. ). Regarding claim 13, Kim discloses the method of claim 11, wherein: the first network node is the UE, and the positioning entity is a serving base station of the UE or a location server ( [0071] The UE may measure the phase difference for the DL PRS received from each BS, and transmit the information of the measured phase difference to each BS through a UL PRS (e.g., the second signal) (e.g., FIG. 4(b)). Accordingly, each BS may obtain x, y, and z, which are distances between each BS and the UE. Each BS may transmit the information of distance x, y, z to the location server, and the location server may determine the location of the UE using a method such as triangulation. ). Regarding claim 14, Kim discloses the method of claim 1, further comprising: calculating the location of the UE based on at least the positioning measurements of the PRS ( [0076] The serving BS may identify the location of the UE based on the phase difference measured through the PRS received from another BS and the phase difference information received through the UL PRS of the UE. ). Regarding claim 15, Kim discloses the method of claim 1, wherein: the first network node is the UE, the second network node is the at least one network node or a location server, and the at least one network node is a serving base station of the UE, a base station involved in a positioning session with the UE, or a sidelink UE ( [0071] As described above, BSs may transmit a DL positioning reference signal (PRS) (e.g., the first signal) using different frequencies (e.g., FIG. 4(a)). The UE may measure the phase difference for the DL PRS received from each BS, and transmit the information of the measured phase difference to each BS through a UL PRS (e.g., the second signal) (e.g., FIG. 4(b)). Accordingly, each BS may obtain x, y, and z, which are distances between each BS and the UE. Each BS may transmit the information of distance x, y, z to the location server, and the location server may determine the location of the UE using a method such as triangulation. ). Regarding claim 16, Kim discloses the method of claim 1, wherein: the first network node is a serving base station of the UE, the second network node is a location server, and the at least one network node is the UE or a base station involved in a positioning session with the UE ( [0140] As illustrated in FIG. 11, the reference BSs may also transmit PRSs to the serving BS. Each Reference BS and the UE may simultaneously perform PRS transmission to the serving BS using different angular frequencies, or may sequentially perform PRS transmission. When the PRSs are sequentially transmitted, they need to scheduled so as not to cause interference between the PRS transmissions in order to improve accuracy of the location estimation. Accordingly, each reference BS and the UE may receive information (e.g., transmission time, PRS resource, etc.) about a rule for transmission of PRSs to the serving BS from the location server by physical layer/high layer signaling. ). Regarding claim 17, Kim discloses the method of claim 1, wherein: the first network node is a serving base station of the UE, the second network node is the UE, and the at least one network node is the UE ( [0075] In one embodiment of the present disclosure, in order to address such an issue, it is proposed that the UE transmit the phase difference information about the DL PRSs (e.g., the first signals) received from the respective BSs only to the serving BS by a UL PRS (e.g., the second signal), and the serving BS estimate the location of the UE based on the information. For example, the UE may transmit phase difference information for all BSs to the serving BS. ). Regarding claim 18, Kim discloses the method of claim 1, wherein the at least one network node comprises: one or more base stations, one or more UEs, or any combination thereof ( [0050] First, a method of measuring, by a device which is a target of location measurement, a distance based on phase information about RSs received from multiple transmitters will be described. In the following description, a wireless device that transmits a signal first is referred to as a transmission device, and a device that receives a signal first is referred to as a reception device. It should be noted, however, that the transmission device may also receive a signal later, and the reception device may also transmit a signal. That is, the transmission device may include a transmitter and a receiver, and the reception device may include a transmitter and a receiver. As an example, the transmission device and the reception device may be a BS and a UE. As another example, the transmission device and the reception device may be a plurality of BSs or a plurality of UEs. ). Regarding claim 19, Kim discloses the method of claim 1, wherein the one or more parameters indicate a change in phase of the plurality of PRS across the plurality of frequency intervals ( [0065] In Equation 3, the phase difference Ψ is (w.sub.2−w.sub.1)(t.sub.s,RX−t.sub.a,RX)+(β.sub.2−β.sub.1), and the difference between the initial phase values (β.sub.2−β.sub.1) present since the time of transmission of the first signal should be removed from the phase difference Ψ. For example, the reception device may correct the phase difference Ψ to θ using the initial phase values. ). Regarding claim 20, Kim discloses the method of claim 1, wherein the one or more parameters comprise: phase difference values for pairs of the plurality of frequency intervals, a range of phase difference values for the plurality of frequency intervals, a distribution function representing phase difference across the plurality of frequency intervals, a mean phase difference value for the plurality of frequency intervals, an average phase difference value for the plurality of frequency intervals, a phase difference variance across the plurality of frequency intervals, or any combination thereof ( [0063] For example, when it is assumed that the value of Delta_1 corresponds to phase difference B, the reception device may set the phase difference between the w1 sinusoidal component and the w2 sinusoidal component in the second signal transmitted after n symbols (e.g., a positioning reference signal) to B. The transmission device may measure the distance between the transmission device and the reception device based on the received second signal. ). Regarding claim 23, Kim discloses the method of claim 1, wherein the one or more parameters comprise: a first phase difference value for all frequency intervals of the plurality of frequency intervals in a first frequency band, and a second phase difference value for all frequency intervals of the plurality of frequency intervals in a second frequency band ( [0010] The UL PRS generated by the terminal may include a first sinusoidal component representing the phase difference measured for the serving base station, a second sinusoidal component representing the phase difference measured for a first reference base station among the reference base stations, a third sinusoidal component representing the phase difference measured for a second reference base station. Examiner’s note: the UE is representing each phase difference for all the frequency components of a PRS signal from a given base station with a single value.). Regarding claim 26, Kim discloses a first network node ( Fig. 13, Base Station 105 ), comprising: a memory ( Fig. 13, memory 185 ); at least one transceiver ( Fig. 13, transmitter 125, receiver 190 ); and at least one processor ( Fig. 13, processor 180 ) communicatively coupled to the memory and the at least one transceiver ( Fig. 13 ; examiner’s note: the processor (180) is connected to the memory (185), transmitter (125), and receiver (190)), the at least one processor configured to: receive, via the at least one transceiver, transmitter phase information from a second network node, the transmitter phase information including one or more parameters representing phase of a plurality of positioning reference signals (PRS) transmitted by at least one network node on a plurality of frequency intervals ( [0071] The UE may measure the phase difference for the DL PRS received from each BS, and transmit the information of the measured phase difference to each BS through a UL PRS (e.g., the second signal)) ); and obtain positioning measurements of the plurality of PRS transmitted by the at least one network node based on the one or more parameters representing the phase of the plurality of PRS to enable a location of a user equipment (UE) to be determined based on at least the positioning measurements of the plurality of PRS ( [0076] The serving BS may identify the location of the UE based on the phase difference measured through the PRS received from another BS and the phase difference information received through the UL PRS of the UE. ). Regarding claim 27, Kim discloses the first network node of claim 26, wherein the at least one processor is further configured to: transmit, via the at least one transceiver, a second plurality of PRS to the at least one network node on a second plurality of frequency intervals ( ([0071] As described above, BSs may transmit a DL positioning reference signal (PRS) (e.g., the first signal) using different frequencies (e.g., FIG. 4(a)). ); and transmit, via the at least one transceiver, second transmitter phase information, the second transmitter phase information including one or more parameters representing phase of the second plurality of PRS on the second plurality of frequency intervals ( [0114] In order for the UE to calculate and report a phase difference for each DL PRS subframe, the BS may provide the UE with information about an angular frequency (e.g., an identifier for distinguishing angular frequencies) for each DL PRS subframe by higher layer/physical layer signaling. ). Regarding claim 34, Kim discloses the first network node of claim 26, wherein the at least one processor is further configured to: receive, via the at least one transceiver, second transmitter phase information ( [0120] A UE may calculate a phase difference for each received DL PRS and report the same to the serving BS through a UL PRS. ), the second transmitter phase information including one or more parameters representing phase of a second plurality of PRS transmitted to the at least one network node on a second plurality of frequency intervals ( [0113] Referring to FIG. 8, a BS does not transmit one or more DL PRS subframes at a fixed angular frequency as in FIG. 7, but may transmit multiple DL PRS subframes while changing the angular frequency ). Regarding claim 36, Kim discloses the first network node of claim 26, wherein the at least one processor is further configured to: transmit, via the at least one transceiver, the positioning measurements of the plurality of PRS to a positioning entity to enable the positioning entity to calculate the location of the UE ( [0071] Accordingly, each BS may obtain x, y, and z, which are distances between each BS and the UE. Each BS may transmit the information of distance x, y, z to the location server, and the location server may determine the location of the UE using a method such as triangulation. ). Regarding claim 39, Kim discloses the first network node of claim 26, wherein the at least one processor is further configured to: calculate the location of the UE based on at least the positioning measurements of the PRS ( [0076] The serving BS may identify the location of the UE based on the phase difference measured through the PRS received from another BS and the phase difference information received through the UL PRS of the UE. ). Regarding claim 44, Kim discloses the first network node of claim 26, wherein the one or more parameters indicate a change in phase of the plurality of PRS across the plurality of frequency intervals ( [0065] In Equation 3, the phase difference Ψ is (w.sub.2−w.sub.1)(t.sub.s,RX−t.sub.a,RX)+(β.sub.2−β.sub.1), and the difference between the initial phase values (β.sub.2−β.sub.1) present since the time of transmission of the first signal should be removed from the phase difference Ψ. For example, the reception device may correct the phase difference Ψ to θ using the initial phase values. ). Regarding claim 45, Kim discloses the first network node of claim 26, wherein the one or more parameters comprise: phase difference values for pairs of the plurality of frequency intervals, a range of phase difference values for the plurality of frequency intervals, a distribution function representing phase difference across the plurality of frequency intervals, a mean phase difference value for the plurality of frequency intervals, an average phase difference value for the plurality of frequency intervals, a phase difference variance across the plurality of frequency intervals, or any combination thereof ( [0063] For example, when it is assumed that the value of Delta_1 corresponds to phase difference B, the reception device may set the phase difference between the w1 sinusoidal component and the w2 sinusoidal component in the second signal transmitted after n symbols (e.g., a positioning reference signal) to B. The transmission device may measure the distance between the transmission device and the reception device based on the received second signal. ). Regarding claim 51, Kim discloses a first network node, comprising: means for receiving transmitter phase information from a second network node, the transmitter phase information including one or more parameters representing phase of a plurality of positioning reference signals (PRS) transmitted by at least one network node on a plurality of frequency intervals ( Fig. 13, Base Station 105; [0160] The BS 105 may include a transmission (Tx) data processor 115, a symbol modulator 120, a transmitter 125, a transmission/reception antenna 130, a processor 180, a memory 185, a receiver 190, a symbol demodulator 195, and a reception (Rx) data processor 197. ); and means for obtaining positioning measurements of the plurality of PRS transmitted by the at least one network node based on the one or more parameters representing the phase of the plurality of PRS to enable a location of a user equipment (UE) to be determined based on at least the positioning measurements of the plurality of PRS ( Fig. 13, Base Station 105; [0160] The BS 105 may include a transmission (Tx) data processor 115, a symbol modulator 120, a transmitter 125, a transmission/reception antenna 130, a processor 180, a memory 185, a receiver 190, a symbol demodulator 195, and a reception (Rx) data processor 197. ). Regarding claim 52, Kim discloses a non-transitory computer-readable medium storing computer-executable instructions that, when executed by a first network node, cause the first network node to ( Fig. 13, Memory 185; [0171] In a firmware or software configuration, methods according to the embodiments of the present disclosure may be implemented in the form of modules, procedures, functions, etc. which perform the above-described functions or operations. ): receive transmitter phase information from a second network node, the transmitter phase information including one or more parameters representing phase of a plurality of positioning reference signals (PRS) transmitted by at least one network node on a plurality of frequency intervals ( [0071] As described above, BSs may transmit a DL positioning reference signal (PRS) (e.g., the first signal) using different frequencies (e.g., FIG. 4(a)). The UE may measure the phase difference for the DL PRS received from each BS, and transmit the information of the measured phase difference to each BS through a UL PRS (e.g., the second signal) ); and obtain positioning measurements of the plurality of PRS transmitted by the at least one network node based on the one or more parameters representing the phase of the plurality of PRS to enable a location of a user equipment (UE) to be determined based on at least the positioning measurements of the plurality of PRS ( [0076] The serving BS may identify the location of the UE based on the phase difference measured through the PRS received from another BS and the phase difference information received through the UL PRS of the UE. ) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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 6-8, 12, 24 and 32 are rejected under 35 U.S.C. 103 as being obvious over Kim (US 2020/0204317) in view of Kumar (US 2021/0109188). The applied reference has a common Applicant, Qualcomm, with the instant application. Based upon the earlier effectively filed date of the reference, 10/10/2019, it constitutes prior art under 35 U.S.C. 102(a)(2). Regarding claim 6, Kim discloses the method of claim 5, wherein the second transmitter information ( [0140] Accordingly, each reference BS and the UE may receive information (e.g., transmission time, PRS resource, etc.) about a rule for transmission of PRSs to the serving BS from the location server by physical layer/high layer signaling. ) is transmitted to the second network node via a serving base station of the UE or the location server ( [0042] In the LTE system, a location position protocol (LPP) has been introduced. In an LPP model, a location server may transmit assistance data for positioning to a UE. ). Kim does not explicitly disclose the second transmitter information is phase related. However, Kumar teaches a method for mobile device positioning ( [0004] A mobile device and base station are enabled to support improved positioning accuracy in the presence of phase noise in high frequency radio network, such as in 5G New Radio network operating in mmWave. ) where the second transmitter information is phase information ( [0103] PTRS may be used for positioning and for phase noise estimation. The UE 115 or base station 105 may use the PTRS to estimate phase offset between symbols, e.g., with respect to an anchor symbol. For example, the UE 115 or base station 105 may estimate phase noise error of symbols 1-13 with respect to symbol 0, then correct the phase error of symbols based on that phase error estimate. ). Kim and Kumar are both considered to be analogous to the claimed invention because they are in the same field of endeavor of wireless communication positioning technology. Therefore, 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 second transmitter information of Kim by including the phase information of Kumar to yield a predictable result of correcting for phase offsets between PRS signals which would result in improved accuracy of positioning measurements as noted by Kumar ( [0120] In signaling flow 1000, the UE 115 may determine whether phase noise is present and may impact the positioning measurement and in response requests that additional PRS signals are transmitted with PTRS or with a specific PRS frame structure, e.g., a comb value of 2 or 1, which will reduce the impact of phase noise. The base station 105 may make a similar request for UL-PRS signals from the UE 115. ). Regarding claim 7, Kim discloses the method of claim 1, further comprising: transmitting receiver phase information, the receiver phase information including one or more parameters representing phase of the plurality of PRS. Kim fails to explicitly disclose the receiver phase information parameters are caused by the first network node switching radio frequency (RF) components during reception, measurement, or both of the plurality of PRS. Kumar teaches the receiver phase information parameters can be caused by the first network node switching radio frequency (RF) components during reception, measurement, or both of the plurality of PRS ( [0103] The UE 115 or base station 105 may use the PTRS to estimate phase offset between symbols, e.g., with respect to an anchor symbol. For example, the UE 115 or base station 105 may estimate phase noise error of symbols 1-13 with respect to symbol 0, then correct the phase error of symbols based on that phase error estimate. ). 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 Kim by including the receiver phase information of Kumar to yield a predictable result of correcting the phase offset of the PRS signals to improve positioning accuracy through improved phase measurement accuracy ( [0004] A mobile device and base station are enabled to support improved positioning accuracy in the presence of phase noise in high frequency radio network, such as in 5G New Radio network operating in mmWave. Phase Tracking Reference Signal (PTRS) may be transmitted with Positioning Reference Signals (PRS) and used for positioning and/or used to correct the phase offset between symbols in the PRS. ). Regarding claim 8, Kim as modified by Kumar teaches the method of claim 7. Kim fails to explicitly disclose the receiver phase information is included in a waveform report associated with the positioning measurements of the plurality of PRS. Kumar teaches the receiver phase information is included in a waveform report associated with the positioning measurements of the plurality of PRS ( [0102] The UE 115 or base station may report to the location server, e.g., LMF 196 or E-SMLC 164, if it is determined that positioning measurements are limited by phase noise, e.g., based on a determination using collected positioning measurements or based on the capabilities of the UE 115 or base station 105. ). 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 the method of Kim by including the waveform report of Kumar to yield a predictable result of improved positing accuracy through tracking the phase errors and offsets and correcting accordingly as noted by Kumar ( [0102] In some implementations, the UE 115 or base station 105 may request a specific PRS frame structure, e.g., a comb value of 2 or 1. In other implementations, the UE may request that a phase tracking reference signal (PTRS) is provided along with the PRS signals. The PTRS may be used to estimate phase offset in the PRS signals, which can then be corrected accordingly. ) Regarding claim 12, Kim discloses the method of claim 11, wherein: the first network node is a base station involved in a positioning session with the UE. Kim fails to explicitly disclose the positioning entity is the UE. Kumar teaches the positioning entity is the UE ( [0111] The location server 901 may also indicate whether UE based positioning is requested whereby the UE 115 determines its own location. ). 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 Kim by including the positioning entity can also be the UE since it is standardized position finding protocol of 5G NR and thus a reliable and proven method. Regarding claim 24, Kim discloses the method of claim 1. Kim fails to disclose wherein the plurality of frequency intervals is contiguous in a frequency domain. Kumar teaches the plurality of frequency intervals is contiguous in a frequency domain ( [0095] From a positioning standpoint, Rel-16 currently has defined DL-PRS as any combination of comb {2,4,6} and {2,4,6} symbols, as illustrated in FIG. 4. The full frequency spectrum may be used, i.e., all sub-carriers within the bandwidth of the signal are used, which would require coherent combination of measurements from different symbols. ). 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 Kim by including the contiguous frequency interval of Kumar to yield a predictable result of improved positioning accuracy through the coherent combination of measurements which improves the signal to noise ratio by combining the signals. Regarding claim 32, Kim discloses the first network node of claim 26, wherein the at least one processor is further configured to: transmit, via the at least one transceiver, receiver phase information including one or more parameters representing phase of the plurality of PRS. Kim fails to explicitly disclose the receiver phase information parameters are caused by the first network node switching radio frequency (RF) components during reception, measurement, or both of the plurality of PRS. Kumar teaches the receiver phase information parameters can be caused by the first network node switching radio frequency (RF) components during reception, measurement, or both of the plurality of PRS ( [0103] The UE 115 or base station 105 may use the PTRS to estimate phase offset between symbols, e.g., with respect to an anchor symbol. For example, the UE 115 or base station 105 may estimate phase noise error of symbols 1-13 with respect to symbol 0, then correct the phase error of symbols based on that phase error estimate. ). 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 Kim by including the receiver phase information of Kumar to yield a predictable result of correcting the phase offset of the PRS signals to improve positioning accuracy through improved phase measurement accuracy ( [0004] A mobile device and base station are enabled to support improved positioning accuracy in the presence of phase noise in high frequency radio network, such as in 5G New Radio network operating in mmWave. Phase Tracking Reference Signal (PTRS) may be transmitted with Positioning Reference Signals (PRS) and used for positioning and/or used to correct the phase offset between symbols in the PRS. ). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02. 07-21-aia AIA Claim (s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Huang US 20220070027 A1 (Effective filing date: 12/19/2018) . Regarding claim 21, Kim discloses the method of claim 20. Kim fails to disclose the distribution function comprises a probability distribution function (PDF) or a cumulative distribution function (CDF). However, Huang teaches a [method/system] where the distribution function comprises a probability distribution function (PDF) or a cumulative distribution function (CDF) ( [0107] FIG. 10 investigates how the number of selected principal components in G.sub.R impact on performances. A cumulative distribution function (CDF) of simulated SINR-values is shown for different number of principal components for the R-IRC method based on ZZ* when J=4 ). Kim and Huang are both considered to be analogous to the claimed invention because they are in the same field of endeavor of wireless communication technology. Therefore, 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 the method of Kim by including the statistical measurements of Huang to yield a predictable result of improved accuracy of phase difference measurements and quantifying the uncertainty in the measurements . 07-21-aia AIA Claim (s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Fischer (Sven Fischer, Observed Time Difference Of Arrival (OTDOA) Positioning in 3GPP LTE, Qualcomm Technologies, INC, 2014) Regarding claim 22, Kim discloses the method of claim 1. Kim fails to explicitly disclose the plurality of frequency intervals is within a single frequency band, or the plurality of frequency intervals spans a plurality of frequency bands. However, Fischer teaches that it is known in the art that the PRS is such that the plurality of frequency intervals is within a single frequency band, or the plurality of frequency intervals spans a plurality of frequency bands ( Pg. 46, lines 5-6; The accuracy requirements when the above conditions are fulfilled depend on the PRS bandwidth, and are different for intra-frequency and inter-frequency measurements. ). It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention was made that the PRS can be within a single frequency band or multiple bands as taught by Fischer, since such a modification would be a means to minimize the required bandwidth and number of subframes for a given accuracy . 07-21-aia AIA Claim( s) 25 is r ejected under 35 U.S.C. 103 as being unpatentable over K im in view of Edge (US 20170059689). R egarding claim 25, Kim discloses the method of claim 1. Kim fails to disclose wherein the plurality of frequency intervals is a plurality of positioning frequency layers. However, Edge teaches LTE positioning ( [0034] Techniques are discussed herein for supporting downlink positioning methods (also referred to as position methods), such as OTDOA and AFLT, by acquisition and measurement of downlink radio signals using coherent and non-coherent signal integration techniques. ) where the plurality of frequency intervals is a plurality of positioning frequency layers ( [0113] In an example, if the UE 902 indicates support for inter-frequency RSTD measurements, the neighbor cell assistance data may be provided for up to 3 frequency layers. ). Kim and Edge are both considered to be analogous to the claimed invention because they are in the same field of endeavor of wireless positioning technology. Therefore, 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 Kim by including the plurality of positioning frequency layers of Edge to yield a predictable result of a greater bandwidth for coherent integration which will improve the SNR as noted by Edge ( [0005] As is well known in the art, coherent integration, in which both the phase and amplitude of a signal are accumulated over time, can enable a better signal to noise ratio (S/N) and more accurate measurements—e.g. of a weak signal or a signal with strong interference. But, as may be observed, coherent integration may be dependent on accurate knowledge of the frequency and coding of the measured signal and may perform worse than non-coherent integration, in which just the power of a signal is accumulated over time, when frequency and/or coding are not precisely known. ) For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : US 20190313215 discloses a positioning system which includes a receiver that receives a positioning signal from a positioning satellite and generates carrier phase information, a base station that receives the carrier phase information from the receiver, and a communication terminal that performs wireless communication with the base station. The base station transmits information including the carrier phase information and the position information of the receiver as a carrier positioning signal to the communication terminal and the communication terminal performs carrier positioning using the carrier positioning signal transmitted by the base station. Here, the base station encrypts the position information of the receiver, in the carrier positioning signal to be transmitted. US 20200351815 discloses a method whereby a user equipment transmits/receives a reference signal for distance measurement in a wireless communication system according to an embodiment of the present invention comprises: a step of receiving, from a base station, a downlink (DL) positioning reference signal (PRS) including sinusoidal components of different angular frequencies; a step of acquiring a phase difference between the sinusoidal components of the DL PRS; a step of transmitting a first uplink (UL) PRS indicating the phase difference, so as to measure a first distance between the user equipment and the base station at a first point of time; and a step of transmitting a second UL PRS so as to measure a second distance between the user equipment, the position of which has changed after the first point of time, and the base station, wherein the user equipment may configure the same phase difference, acquired via the DL PRS before the first point of time, for the second UL PRS, without receiving an additional DL PRS for measuring the second distance. The user equipment is capable of communicating with at least one of another user equipment, a user equipment related to an autonomous driving vehicle, the base station or a network. US 20210105112 discloses a reference signal transmission method performed by at least one base station, the method including: determining a sequence of a reference signal; performing an inverse Fourier transform (IFT) based on the determined sequence of the reference signal; and transmitting a reference signal generated by performing the IFT through a plurality of continuous symbols. The sequence of the reference signal is determined to satisfy a condition that each of at least one subcarrier signal included in the reference signal continues in a boundary between adjacent two symbols. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN BS ABRAHAM whose telephone number is (571)272-4145. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to 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, Jack Keith can be reached at (571)272-6878. 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. /JBSA/Examiner, Art Unit 3646 /JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646 Application/Control Number: 18/250,326 Page 2 Art Unit: 3646 Application/Control Number: 18/250,326 Page 4 Art Unit: 3646 Application/Control Number: 18/250,326 Page 5 Art Unit: 3646 Application/Control Number: 18/250,326 Page 6 Art Unit: 3646 Application/Control Number: 18/250,326 Page 7 Art Unit: 3646 Application/Control Number: 18/250,326 Page 8 Art Unit: 3646 Application/Control Number: 18/250,326 Page 9 Art Unit: 3646 Application/Control Number: 18/250,326 Page 10 Art Unit: 3646 Application/Control Number: 18/250,326 Page 11 Art Unit: 3646 Application/Control Number: 18/250,326 Page 12 Art Unit: 3646 Application/Control Number: 18/250,326 Page 13 Art Unit: 3646 Application/Control Number: 18/250,326 Page 14 Art Unit: 3646 Application/Control Number: 18/250,326 Page 15 Art Unit: 3646 Application/Control Number: 18/250,326 Page 16 Art Unit: 3646 Application/Control Number: 18/250,326 Page 17 Art Unit: 3646 Application/Control Number: 18/250,326 Page 18 Art Unit: 3646 Application/Control Number: 18/250,326 Page 20 Art Unit: 3646 Application/Control Number: 18/250,326 Page 21 Art Unit: 3646 Application/Control Number: 18/250,326 Page 22 Art Unit: 3646 Application/Control Number: 18/250,326 Page 23 Art Unit: 3646 Application/Control Number: 18/250,326 Page 24 Art Unit: 3646 Application/Control Number: 18/250,326 Page 25 Art Unit: 3646 Application/Control Number: 18/250,326 Page 26 Art Unit: 3646 Application/Control Number: 18/250,326 Page 27 Art Unit: 3646 Application/Control Number: 18/250,326 Page 28 Art Unit: 3646 Application/Control Number: 18/250,326 Page 29 Art Unit: 3646 Application/Control Number: 18/250,326 Page 30 Art Unit: 3646
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