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 Action is in response to Applicant’s amendment filed on 08/04/2025. Claims 1-10 are still pending in the present application. This Action is made FINAL.
Claim Rejections - 35 USC § 102
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ko et al Patent Application No. :( US 2024/0214966 A1) hereinafter referred as Ko.
For claim 1, Ko teaches a communication terminal capable of sidelink communication for directly communicating with another communication terminal, the communication terminal comprising processing circuitry (paragraph [0009], lines 1-4) and (paragraph [0144], lines 1-6), wherein
when the communication terminal is present in coverage of a base station (paragraph [0144], lines 6-10), the processing circuitry is given an allocation for executing, on behalf of a higher-level device in a core network (paragraph [0144], lines 10-13), all or part of a location management function including a position derivation function, the position derivation function being a function of deriving a position of a communication terminal (paragraph [0116], lines 1-5), the processing circuitry executing, on a basis of a result of the sidelink communication with another communication terminal, a positioning function of deriving a position of the other communication terminal, instead of the higher-level device (paragraph [0166], lines 1-22).
For claim 2, Ko teaches the communication terminal, wherein in a state in which the processing circuitry is given an allocation for executing the positioning function on behalf of the higher-level device (paragraph [0116], lines 1-5) and (paragraph [0144], lines 10-13), the processing circuitry broadcasts, to another communication terminal, a message that the positioning function is executable (paragraph [0085], lines 1-9).
For claim 3, Ko teaches the communication terminal, wherein in a state in which the processing circuitry is given an allocation for executing the positioning function on behalf of the higher-level device(paragraph [0107], lines 6-10), the processing circuitry broadcasts, to another communication terminal, a message that the positioning function is executable in response to receiving from the other communication terminal an inquiry as to whether the positioning function is executable (paragraphs [0010], lines 1-9, [0132], lines 1-16) and (paragraph [0183], lines 1-13).
For claim 4, Ko teaches the communication terminal, wherein in a state in which the base station has been given by the higher-level device an allocation for executing all or part of the location management function on behalf of the higher-level device (paragraph [0144], lines 10-13), the processing circuitry is given by the base station an allocation for executing the positioning function on behalf of the higher-level device (paragraph [0144], lines 10-13).
For claim 5, Ko teaches the communication terminal, wherein in response to receiving from another communication terminal a discovery signal for searching for a communication terminal capable of the sidelink communication (paragraph [0086], lines 11-14), the processing circuitry is given by the higher-level device an allocation for executing the positioning function on behalf of the higher-level device (paragraph [0107], lines 1-10).
For claim 6, Ko teaches the communication terminal, wherein in a case where a distance from a position of another communication terminal to the communication terminal is equal to or less than a threshold (paragraph [0102], lines 1-14), the position of the other communication terminal having been derived by the execution of the positioning function, the processing circuitry notifies surroundings of approach to the other communication terminal (paragraph [0227], lines 1-15).
For claim 7, Ko teaches the communication terminal, wherein the processing circuitry uses a reception result of a positioning reference signal in a process of deriving a position of the other communication terminal with the positioning function (paragraph [0108], lines 1-5) and (paragraph [0124], lines 2-8).
For claim 8, Ko teaches a communication system comprising: a plurality of communication terminals capable of sidelink communication for directly communicating with another communication terminal (paragraph [0009], lines 1-4) and (paragraph [0144], lines 1-6); and a base station having the communication terminals connected thereto, wherein the base station is given an allocation for executing, on behalf of a higher-level device in a core network (paragraph [0144], lines 10-13), all or part of a location management function including a position derivation function, the position derivation function being a function of deriving a position of a communication terminal (paragraph [0116], lines 1-5), the base station executing, on a basis of a result of the sidelink communication between another communication terminal (paragraph [0174], lines 1-7) and a positioning target terminal being one of the plurality of communication terminals, a positioning function of deriving a position of the positioning target terminal, instead of the higher-level device (paragraph [0166], lines 1-22).
For claim 9, Ko teaches the communication system, wherein in response to a communication terminal different from the positioning target terminal receiving a discovery signal transmitted from the positioning target terminal for searching for a communication terminal capable of the sidelink communication (paragraph [0086], lines 11-14), the communication terminal is given by the higher-level device an allocation for executing the positioning function on behalf of the higher-level device (paragraph [0107], lines 1-10).
For claim 10, Ko teaches a communication system comprising:
a plurality of communication terminals capable of sidelink communication for directly communicating with another communication terminal (paragraph [0009], lines 1-4) and (paragraph [0144], lines 1-6);
a base station having the communication terminals connected thereto (paragraph [0144], lines 6-10); and
a higher-level device having a location management function including a position derivation function that is a function of deriving a position of the communication terminals (paragraph [0116], lines 1-5), wherein
the communication terminals notify the higher-level device of a result of the sidelink communication with a positioning target terminal (paragraph [0174], lines 1-7), and
the higher-level device derives a position of the positioning target terminal on a basis of the result provided by the communication terminals (paragraph [0166], lines 1-22).
Response to Arguments
Applicant's arguments filed on 08/04/2025, with respect to claims 1 and 10 have been fully considered but they are not persuasive.
To understand much better the concepts and for purposes of clarification the examiner brings from the spec. the following the processing circuitry= processor into the mobile phone or User Equipment and the higher-level= mobility management function
Applicant asserts that Ko does not teach in claims 1, 8 and 10, "suggest, "the processing circuitry is given an allocation for executing, on behalf of a higher-level device in a core network, all or part of a location management function including a position derivation function". However, the Examiner respectfully disagrees with such assertion. (See below for further clarification).
In response to the preceding argument examiner respectfully submits that Ko et al teaches "suggest, "the processing circuitry is given an allocation for executing, on behalf of a higher-level device in a core network, all or part of a location management function including a position derivation function,". Ko teaches the processor that is into the mobile unit. The BSs may be
connected to one another via Xn interface. The BS may be connected to one another via 5th generation (5G) core network (5GC) and NG interface. More specifically, the BSs may be connected to an access and mobility management function (AMF) via NG-C interface, and may be connected to a user plane function (UPF) via NG-U interface. Layers of a radio interface protocol between the UE and the network can be classified into a first layer (layer 1, L1), a second layer (layer 2, L2), and a third layer (layer 3, L3) based on the lower three layers of the open system interconnection (OSI) model that is well-known in the communication system. Among them, a physical (PHY) layer belonging to the first layer provides an information transfer service by using a physical channel. Also the base station for UEs within a coverage of a base station/network, the base station/network that has the best knowledge of the UEs' communication and resource allocation information may transmit a configuration related to SL positioning to the UEs. That is, the base station/network may configure SL positioning to the UEs as disclosed on Paragraphs [0049] and [0144]. Therefore, the User Equipment is giving the allocation executed in behalf of the Mobility management which is the process of distributing resources by a mobility management entity relaying on the dynamic allocation of resources such as frequency spectrum/channels, transmission power, network infrastructure elements (like base stations or mobility anchors) and the location management to maintain seamless connectivity and a guaranteed quality of service (QoS) for mobile users as they move.
The prior art should be considered as a whole. See also MPEP § 2141.02 [R-5] Paragraph VI. Claims must be given the broadest reasonable interpretation during examination and limitations appearing in the specification but not recited in the claim are not read into the claim (See M.P.E.P. 2111 [R-l]).
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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/JOSEPH AREVALO/ Primary Examiner, Art Unit 2642