DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/08/2026 has been entered.
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.
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 1-10 and 22-26 are rejected under 35 U.S.C. 103 as being unpatentable over Akkarakaran et al (US 2021/0058890 which was cited in previous Office Action(s)).
Regarding claim 1, Akkarakaran et al disclose a method of operating a wireless node, comprising:
performing a first measurement of a reference signal for positioning (RS-P) on a first sub- band of a plurality of sub-bands associated with an RS-P resource (i.e. “In an aspect, a method of wireless communication performed by a receiver device includes performing, during a positioning session, a measurement of a first positioning reference signal (PRS) within a first bandwidth part (BWP),...”) ([0006]);
performing a second measurement of the RS-P on a second sub-band of the plurality of sub-bands associated with another RS-P resource (i.e. “..., performing, during the positioning session, a measurement of a second PRS within a second BWP.,...”) ([0006]); and
transmitting, to a position estimation entity in association with a positioning session of a user equipment (UE), a measurement report comprising a first indication of the first measurement and a second indication of the second measurement (i.e. “...transmitting, to a location server, a measurement report including the measurement of the first PRS and the measurement of the second PRS, and transmitting, to the location server, an indication of the first BWP, the second BWP, or both.”) ([0006]).
Akkarakaran et al do not explicitly disclose the RS-P resource is the same for both the first measurement and the second measurement and wherein the first measurement and the second measurement measured at the same time as claimed. Instead, Akkarakaran et al teach the first measurement and the second measurement are performed on different RS-P resources and wherein the first measurement and the second measurement measured at the different time. It would have been an obvious matter of design choice to incorporate the same RS-P resource both the first measurement and the second measurement and wherein the first measurement and the second measurement measured at the same time as claimed, since Applicant has not disclosed such claimed design solves any stated problem or is for any particular purpose. It appears that the invention would perform equally well with Akkarakaran et al teaching of the first measurement and the second measurement are performed on different RS-P resources and wherein the first measurement and the second measurement measured at the different time for reporting positioning measurements to properly assist in the determination of a position of a device / UE.
Regarding claims 2-10, Akkarakaran et al further disclose the definitions of the possible BWPs are ([0088]-[0092], [0128]-[(0145]); the use of reference signal received power measurement ([0125]-[0127]); UE-based positioning or UE-assisted positioning as well as the use of location management function ([0121]-[0127]); details about the position estimation and report configuration ( [0107]-[0114]; [0128]-[0139]); details on the sub-bands ([0082]) which encompasses the limitations as claimed.
Regarding claims 22-26, the claims are directed toward a wireless that is configured to perform the method as claimed in claims 1-10. The cited portions of Akkarakaran et al used in the rejection of claims 1-10 disclose where the wireless node performs the claimed method as cited in claims 1-10. Therefore, claims 22-26 are rejected under the same rationale as claims 1-10.
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.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
The indicated allowability of claims 1-10 and 22-26 is withdrawn in view of the new ground of rejection to Akkarakaran et al as stated above.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,902,931 discloses methods and apparatus for transmitting positioning measurement report. The method includes a step of receiving a location information request from a serving base station or from a location server, a step of determining timing for transmitting a positioning measurement report, a step of generating a report assisted message based on the determined timing for transmitting the positioning measurement report, and a step of transmitting the report assisted message to the serving base station. The key idea of this disclosure is requesting UL resources for positioning measurement report in advance by transmitting a report assisted message. Consequently, the UE can transmit the positioning measurement report just after the measurement data being generated. The disclosure can minimize the delay from positioning measurement data generation to the positioning measurement report.
US 2024/0007984 discloses techniques for communication. In an aspect, a wireless node transmits an indication of a capability of the wireless node to support carrier phase measurements of positioning reference signals (PRSs) at one or more carrier frequencies for position estimation of user equipments (UEs). In an aspect, a position estimation entity receives the indication and transmits a message associated with carrier phase measurement-based PRS procedure of a UE. In an aspect, the UE receives the message and determines a subset of plurality of wireless nodes for a carrier phase measurement-based PRS procedure. In an aspect, the UE transmits at least one measurement report associated with the carrier phase measurement-based PRS procedure to a position estimation entity.
US 11,178,562 discloses a terminal device configured to report CSI using multiple uplink cells. In a case that a total of the number of one or multiple first channel state information reports and multiple second channel state information reports in a first subframe exceeds a first certain number, a second certain number of channel state information reports of the one or multiple first channel state information reports and the multiple second channel state information reports are not updated. The second certain number is a number obtained by subtracting the first certain number from the total of the number of the one or multiple first channel state information reports and the number of the multiple second channel state information reports.
CN 121620980 discloses techniques for wireless communication. In one aspect, a user equipment (UE) determines a location reference signal (RS-P) measurement sample derivation scheme from a location estimation entity. In a further aspect, the UE groups a first set of measurements, a second set of measurements, and a third set of measurements into one or more sets of measurement samples for transmission to a location estimation entity in a measurement report according to a measurement grouping rule.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG P NGUYEN whose telephone number is (571)272-3445. The examiner can normally be reached Mon-Fri, 10:00-10:00 EST.
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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.
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/CHUONG P NGUYEN/Primary Examiner, Art Unit 3646
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