DETAILED ACTION
This Action is in response to Applicant’s amendment filed on 4/1/2026. Claims 1-36 are still pending in the present application. This Action is made FINAL.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) ELEMENT IN CLAIM FORA 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 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), 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):
(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 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). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), 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). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
If stated below, claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), 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), except as otherwise indicated in an Office action. Such claim limitation(s) is/are: means for receiving, performing, and measuring, in claim 35.
If stated below, this application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f), because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f), it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 5-7, 9-11, 16-19, 22-24, 26-28, and 33-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siomina et al. (U.S. Patent Application Publication No. 2013/0064219)
Referring to Claim 1, Siomina et al. disclose a method of wireless positioning performed by a user equipment (UE) (par 113, positioning, user equipment), comprising: receiving positioning assistance data for a plurality of cells, the positioning assistance data including at least a first positioning reference signal (PRS) configuration for a first cell of the plurality of cells (pars 14 and 113, assistance data for one of many cells, PRS) and a second PRS configuration for a second cell of the plurality of cells (pars 14 and 113, assistance data for another of many cells, PRS); performing a handover from the first cell to the second cell during a positioning session with at least the first cell and the second cell (pars 90, 113, and 114, cell change); and after the handover, measuring PRS from the second cell based on the second PRS configuration (pars 14 and 114, assistance information such as PRS bandwidth; cell after change).
Referring to Claim 2 as applied to Claim 1 above, Siomina et al. disclose the method, wherein the UE receives the positioning assistance data from a location server via Long-Term Evolution (LTE) positioning protocol (LPP) signaling (pars 10 and 11, LPP).
Referring to Claim 5 as applied to Claim 1 above, Siomina et al. disclose the method, wherein the plurality of cells comprises an activated cell set and a deactivated cell set (pars 113 and 114, primary/serving cells, neighbor/non-serving cells).
Referring to Claim 6 as applied to Claim 5 above, Siomina et al. disclose the method, wherein: the first cell is a member of the activated cell set, and the second cell is a member of the deactivated cell set (pars 113 and 114, primary/serving cell, neighbor/non-serving cell).
Referring to Claim 7 as applied to Claim 5 above, Siomina et al. disclose the method, wherein the first cell and the second cell are members of the activated cell set (pars 113 and 114, primary cells; Also, cells on same frequency).
Referring to Claim 9 as applied to Claim 1 above, Siomina et al. disclose the method, wherein PRS configurations for the plurality of cells, including the first PRS configuration and the second PRS configuration, are the same for the plurality of cells (pars 14-17 and 114, assistance data for cells, e.g. PRS transmission bandwidth/frequency, etc.; frequency).
Referring to Claim 10 as applied to Claim 9 above, Siomina et al. disclose the method, wherein the positioning assistance data includes a priority associated with each cell of the plurality of cells (pars 14 and 114, PRS transmission bandwidth in the cell; Also, frequency).
Referring to Claim 11 as applied to Claim 1 above, Siomina et al. disclose the method, wherein PRS configurations for the plurality of cells, including the first PRS configuration and the second PRS configuration, are different across the plurality of cells (pars 14 and 114, different frequencies).
Referring to Claim 16 as applied to Claim 1 above, Siomina et al. disclose the method, further comprising: upon completion of the handover, waiting for an expiration of a timer before measuring the PRS from the second cell based on the second PRS configuration (pars 90, 113, and 114, cell change; par 175, over time period).
Referring to Claim 17 as applied to Claim 1 above, Siomina et al. disclose the method, further comprising: upon completion of the handover, waiting for an indication from a location server before measuring the PRS from the second cell based on the second PRS configuration (pars 113, and 114 and 175, cells; assistance data, PRS).
Referring to Claim 18, Siomina et al. disclose a user equipment (UE), comprising: one or more memories (figure 16); a communication interface (figure 16); and one or more processors (figure 16) communicatively coupled to the one or more memories and the communication interface, the one or more processors either alone or in combination, configured to (par 113, user equipment): receive, via the communication interface, positioning assistance data for a plurality of cells, the positioning assistance data including at least a first positioning reference signal (PRS) configuration for a first cell of the plurality of cells (pars 14 and 113, assistance data for one of many cells, PRS) and a second PRS configuration for a second cell of the plurality of cells (pars 14 and 113, assistance data for another of many cells, PRS); perform a handover from the first cell to the second cell during a positioning session with at least the first cell and the second cell (pars 90, 113, and 114, cell change); and after the handover, measure PRS from the second cell based on the second PRS configuration (pars 14 and 114, assistance information such as PRS bandwidth; cell after change).
Referring to Claim 19 as applied to Claim 18 above, Siomina et al. disclose the UE, wherein the UE receives the positioning assistance data from a location server via Long-Term Evolution (LTE) positioning protocol (LPP) signaling (pars 10 and 11, LPP).
Referring to Claim 22 as applied to Claim 18 above, Siomina et al. disclose the UE, wherein the plurality of cells comprises an activated cell set and a deactivated cell set (pars 113 and 114, primary/serving cells, neighbor/non-serving cells).
Referring to Claim 23 as applied to Claim 22 above, Siomina et al. disclose the UE, wherein: the first cell is a member of the activated cell set, and the second cell is a member of the deactivated cell set (pars 113 and 114, primary/serving cell, neighbor/non-serving cell).
Referring to Claim 24 as applied to Claim 22 above, Siomina et al. disclose the UE, wherein the first cell and the second cell are members of the activated cell set (pars 113 and 114, primary cells; Also, cells on same frequency).
Referring to Claim 26 as applied to Claim 18 above, Siomina et al. disclose the UE, wherein PRS configurations for the plurality of cells, including the first PRS configuration and the second PRS configuration, are the same for the plurality of cells (pars 14-17 and 114, assistance data for cells, e.g. PRS transmission bandwidth/frequency, etc.; frequency).
Referring to Claim 27 as applied to Claim 26 above, Siomina et al. disclose the UE, wherein the positioning assistance data includes a priority associated with each cell of the plurality of cells (pars 14 and 114, PRS transmission bandwidth in the cell; Also, frequency).
Referring to Claim 28 as applied to Claim 18 above, Siomina et al. disclose the UE, wherein PRS configurations for the plurality of cells, including the first PRS configuration and the second PRS configuration, are different across the plurality of cells (pars 14 and 114, different frequencies).
Referring to Claim 33 as applied to Claim 18 above, Siomina et al. disclose the UE, wherein one or more processors either alone or in combination are further configured to: upon completion of the handover, wait for an expiration of a timer before measuring the PRS from the second cell based on the second PRS configuration (pars 90, 113, and 114, cell change; par 175, over time period).
Referring to Claim 34 as applied to Claim 18 above, Siomina et al. disclose the UE, wherein the one or more processors are further configured to: upon completion of the handover, wait for an indication from a location server before measuring the PRS from the second cell based on the second PRS configuration (pars 113, and 114 and 175, cells; assistance data, PRS).
Referring to Claim 35, Siomina et al. disclose a user equipment (UE) (par 113, positioning, user equipment), comprising: means for receiving (1610 – figure 16) positioning assistance data for a plurality of cells, the positioning assistance data including at least a first positioning reference signal (PRS) configuration for a first cell of the plurality of cells (pars 14 and 113, assistance data for one of many cells, PRS) and a second PRS configuration for a second cell of the plurality of cells (pars 14 and 113, assistance data for another of many cells, PRS); means for performing 1620 (figure 16) a handover from the first cell to the second cell during a positioning session with at least the first cell and the second cell (pars 90, 113, and 114, cell change); and means for measuring, after the handover, PRS from the second cell based on the second PRS configuration (pars 14 and 114, assistance information such as PRS bandwidth; cell after change).
Referring to Claim 36, Siomina et al. disclose a non-transitory computer-readable medium 1640 (figure 16) storing computer-executable instructions that, when executed by a user equipment (UE), cause the UE (par 113, positioning, user equipment) to: receive positioning assistance data for a plurality of cells, the positioning assistance data including at least a first positioning reference signal (PRS) configuration for a first cell of the plurality of cells (pars 14 and 113, assistance data for one of many cells, PRS) and a second PRS configuration for a second cell of the plurality of cells (pars 14 and 113, assistance data for another of many cells, PRS); perform a handover from the first cell to the second cell during a positioning session with at least the first cell and the second cell (pars 90, 113, and 114, cell change); and after the handover, measure PRS from the second cell based on the second PRS configuration (pars 14 and 114, assistance information such as PRS bandwidth; cell after change).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 3, 4, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Siomina et al. (U.S. Patent Application Publication No. 2013/0064219) in view of Ratasuk et al. (U.S. Patent Application Publication No. 2020/0107209)
Referring to Claims 3 and 20 as applied to Claims 1 and 18 above, Siomina et al. disclose the method and UE, wherein the plurality of cells correspond to one or more radio units (RUs) (par 14, cells).
However, Siomina et al. do not disclose radio units (RUs) of a distributed unit (DU) of a central unit (CU) of a base station.
In the same field of endeavor, Ratasuk et al. discloses of a distributed unit (DU) of a central unit (CU) of a base station (par 51).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate of a distributed unit (DU) of a central unit (CU) of a base station, as taught by Ratasuk et al., in the method and UE of Siomina et al., for the purpose of performing positioning in a network (Ratasuk et al., Abstract).
Referring to Claims 4 and 21 as applied to Claims 1 and 18 above, Siomina et al. disclose the method and UE, wherein the plurality of cells (par 14, cells).
However, Siomina et al. do not disclose cells correspond to a plurality of RUs of a plurality of DUs of a CU of a base station.
In the same field of endeavor, Ratasuk et al. discloses cells correspond to a plurality of RUs of a plurality of DUs of a CU of a base station (par 51).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate cells correspond to a plurality of RUs of a plurality of DUs of a CU of a base station, as taught by Ratasuk et al., in the method and UE of Siomina et al., for the purpose of performing positioning in a network (Ratasuk et al., Abstract).
Claims 8 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Siomina et al. (U.S. Patent Application Publication No. 2013/0064219) in view of Hu (U.S. Patent Application Publication No. 2024/0007872)
Referring to Claims 8 and 25 as applied to Claims 1 and 18 above, Siomina et al. disclose the method and UE with one or more processors, either alone or in combination, are further configured (Siomina et al., par 114).
However, Siomina et al. do not disclose transmitting via communication interface an indication that the UE supports Layer 1 (L1) and Layer 2 (L2) mobility during positioning, wherein the UE receives the positioning assistance data for the plurality of cells based on transmission of the indication.
In the same field of endeavor, Hu discloses cells transmitting via communication interface an indication that the UE supports Layer 1 (L1) and Layer 2 (L2) mobility during positioning, wherein the UE receives the positioning assistance data for the plurality of cells based on transmission of the indication (pars 78 and 135-138, layer 1 and 2, configuration/assistance information).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate transmitting via communication interface an indication that the UE supports Layer 1 (L1) and Layer 2 (L2) mobility during positioning, wherein the UE receives the positioning assistance data for the plurality of cells based on transmission of the indication, as taught by Hu, in the method and UE of Siomina et al., for the purpose of performing handover (Hu, Abstract).
Claims 12 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Siomina et al. (U.S. Patent Application Publication No. 2013/0064219) in view of Zhou et al. (U.S. Patent Application Publication No. 2020/0314664)
Referring to Claims 12 and 29 as applied to Claims 1 and 18 above, Siomina et al. disclose the method and UE with one or more processors either alone or in combination are further configured (Siomina et al., par 114).
However, Siomina et al. do not disclose receiving via communication interface uplink positioning assistance data for the plurality of cells before the handover, the uplink positioning assistance data including a sounding reference signal (SRS) configuration for each of the plurality of cells; and transmitting via communication interface SRS based on the SRS configuration after the handover.
In the same field of endeavor, Zhou et al. discloses receiving via communication interface uplink positioning assistance data for the plurality of cells before the handover, the uplink positioning assistance data including a sounding reference signal (SRS) configuration for each of the plurality of cells; and transmitting SRS based on the SRS configuration after the handover (pars 406-408, configuration, grant, handover, SRS).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate receiving via communication interface uplink positioning assistance data for the plurality of cells before the handover, the uplink positioning assistance data including a sounding reference signal (SRS) configuration for each of the plurality of cells; and transmitting SRS based on the SRS configuration after the handover, as taught by Zhou et al., in the method and UE of Siomina et al., for the purpose of performing communication and implementing communication configuration (Zhou et al., par 211).
Referring to Claims 13 and 30 as applied to Claims 12 and 29 above, Siomina et al. as modified disclose the method and UE (Siomina et al., par 114).
However, Siomina et al. do not disclose uplink positioning assistance data is received from a serving base station of the UE via radio resource control (RRC) signaling.
In the same field of endeavor, Zhou et al. discloses uplink positioning assistance data is received from a serving base station of the UE via radio resource control (RRC) signaling (pars 406-408, RRC).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate receiving uplink positioning assistance data for the plurality of cells before the handover, the uplink positioning assistance data including a sounding reference signal (SRS) configuration for each of the plurality of cells; and transmitting SRS based on the SRS configuration after the handover, as taught by Zhou et al., in the method and UE of Siomina et al., for the purpose of performing communication and implementing communication configuration (Zhou et al., par 211).
Claims 14, 15, 31, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Siomina et al. (U.S. Patent Application Publication No. 2013/0064219) in view of Zhang (U.S. Patent Application Publication No. 2022/0046604)
Referring to Claims 14 and 31 as applied to Claims 1 and 18 above, Siomina et al. disclose the method and UE (par 114).
However, Siomina et al. do not disclose receiving via communication interface sidelink positioning assistance data for UEs in each of the plurality of cells, the sidelink positioning assistance data including a sidelink PRS (SL-RS) configuration for the UEs in each of the plurality of cells.
In the same field of endeavor, Zhang discloses receiving via communication interface sidelink positioning assistance data for UEs in each of the plurality of cells, the sidelink positioning assistance data including a sidelink PRS (SL-RS) configuration for the UEs in each of the plurality of cells (pars 217 and 218, SL-SRS, SRS).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate receiving via communication interface sidelink positioning assistance data for UEs in each of the plurality of cells, the sidelink positioning assistance data including a sidelink PRS (SL-RS) configuration for the UEs in each of the plurality of cells, as taught by Zhang, in the method and UE of Siomina et al., for the purpose of efficiently transmitting communication resources (Zhang, par 5).
Referring to Claims 15 and 32 as applied to Claims 14 and 31 above, Siomina et al. disclose method and UE (par 114).
However, Siomina et al. do not disclose wherein the sidelink positioning assistance data is received from a serving base station of the UE via RRC signaling.
In the same field of endeavor, Zhang discloses wherein the sidelink positioning assistance data is received from a serving base station of the UE via RRC signaling (pars 217 and 218, SL-SRS, SRS).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the sidelink positioning assistance data is received from a serving base station of the UE via RRC signaling, as taught by Zhang, in the method and UE of Siomina et al., for the purpose of efficiently transmitting communication resources (Zhang, par 5).
Response to Arguments
Applicant's arguments filed 4/1/2026 have been fully considered but are not persuasive.
Applicant argues on pages 10 and 11 of the Remarks that Siomina et al. fail to disclose measuring PRS from second cell after handover based on second PRS configuration, because distinct PRS configurations are not received and measurement carried out. Examiner respectfully disagrees. In pars 14, 113, and 114, Siomina et al. disclose receiving assistance information (e.g. PRS bandwidth) for the different cells and further disclose cell change and further performing measurements, as claimed. It is noted that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAIL KHAN whose telephone number is (571)270-7187. The examiner can normally be reached on M-TH 8:30am-6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 5712727915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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.
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/Suhail Khan/
Primary Examiner, Art Unit 2642
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