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 Arguments
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the references are not combinable, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Cha is relied upon to teach the “selecting”. [0297]-[0301] were cited and provide for an option, The option provides a scenario where a UE may select other signal sources when a quality threshold was not met with the first set (uncertainty being greater than uncertainty threshold).
Manolakos provides for reception of information for first and second sets of TRPs and reporting of the uncertainty value but does not explicitly recite that the second set should be selected.
After noting the advantage taught by Cha one of ordinary skill in the art would have been compelled to modify Manolakos by ‘selecting’ which would thereby result in the so called two-stage adaptive mechanism as applied below.
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.
Claim(s) 1-3, 5-6, 10-12, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos et al. (11617150) hereinafter “Manolakos” and Cha et al. (2023/0344504) hereinafter “Cha”.
As to claim 1, (Currently Amended) Manolakos discloses A method, implemented by a wireless transmit/receive unit (WTRU /UE 1300) the method comprising:
receiving, from a network entity, one or more messages (“frames, or other physical layer signaling sequences, supporting PRS signals (i.e. a downlink (DL) PRS)” col. 18 lines 37-44) comprising:
first information (supporting PRS signals (i.e. a downlink (DL) PRS)” col. 18 lines 37-44; “PRS Resource Set 1”, Figs. 8&9) indicating resources for one or more positioning reference signal (PRS) transmissions from a first set of transmission-reception points (TRPs) and resources (supporting PRS signals (i.e. a downlink (DL) PRS)” col. 18 lines 37-44; “PRS
Resource Set 2”, Figs. 8&9) for one or more PRS transmissions from a second set of TRPs, (see also col. 19, lines 6-38, col 28 lines 26- and col. 37 lines 1-29, col. 41 lines 24-45) and
second information (“expected RSTD parameters… together with an uncertainty of the expected RSTD parameters” see col 19 lines 23-31) indicating an uncertainty threshold associated with a WTRU positioning uncertainty (see col. 37 lines 20-29 “estimated uncertainty”, col 30 lines 6-15 and col. 40 lines 13-52);
determining a first WTRU positioning uncertainty (see col. 38 lines 15-42, col. 40 lines 13-33) using one or more PRS transmissions from the first set of TRPs;
on condition that the determined first WTRU positioning uncertainty is greater than the uncertainty threshold, selecting (inherent / “UE 115 may choose particular PRS resource…” col 27 lines 55-67) one or more TRPs from the second set of TRPs, and determining a second WTRU uncertainty using one or more PRS transmissions from the selected one or more TRPs (see col. 38 lines 15-42col. 40 lines 53-67; col 41. Lines 1-22); and
transmitting, to the network, another message comprising a report (see col. 40 lines 45-52; col 41. Lines 1-22) including:
third information indicating a value (“relative quality of the TOA measurement” see col. 40 lines 33-52) of the determined first WTRU positioning uncertainty; and
fourth information indicating a value (“relative quality of the TOA measurement” see col 40 line 53 – col 41 line 20) of the second WTRU positioning uncertainty determined using the selected TRPs.
Manolakos fails to explicitly recite yet In an analogous art, Cha discloses “selecting” one or more TRPs based on the determined first WTRU positioning uncertainty being greater than the uncertainty threshold. (see [0297]-[0301]). Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Manolakos by “selecting” on condition that the determined first WTRU positioning uncertainty is greater than the uncertainty threshold as taught by Cha for the purpose of improving the reliability/quality.
As to claim 2, (Currently Amended) the combination of Manolakos and Cha discloses The method of claim 1, further Cha implies (see [0299] uses another if below threshold thus all used are greater) wherein received signal power values determined from the one or more PRS transmissions
from the selected one or more TRPs are greater than a received signal power value threshold. Also see [0371].
As to claim 3, (Currently Amended) the combination of Manolakos and Cha discloses The method of claim 2, Manolakos discloses wherein the report includes fifth information (relative RSRP for each PRS resource in the subset) indicating a level of the received signal power values of the selected one or more TRPs. See col 38 lines 50-59.
As to claim 5, (Currently Amended) the combination of Manolakos and Cha discloses The method of claim 1, Manolakos discloses wherein the first information further indicates one or more error bounds (search window), the method further comprising:
measuring one or more PRS transmissions (RSTD measurements) from the first set of TRPs (see col 19 lines 6-58, col 38 lines 20-26) ; and
determining the first WTRU positioning uncertainty (relative quality) for the first set of TRPs based on the measured one or more PRS transmissions from the first set of TRPs and based on the one or more error bounds (see col 38 lines 50-59).
As to claim 6, (currently amended) the combination of Manolakos and Cha discloses The method of claim 1, Manolakos discloses comprising:
measuring one or more PRS transmissions from the selected one or more TRPs of the second set of TRPs (see col 38 lines 20-26); and
determining the respective received signal power, for the selected one or more TRPs of the second set of TRPs. (see col 38 lines 27-42)
As to claims 10-12 and 14-15, (Currently Amended) Manolakos discloses A wireless transmit/receive unit, WTRU (UE 1300), comprising circuitry, including any of a transmitter / receiver (1302), processor (1304) and memory (1320), and the combination of Manolakos and Cha discloses the corresponding steps as applied above to claims 1-3 and 5-6 respectively.
Claim(s) 8-9 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos and Cha as applied above to claim 2 further in view of CHA et al. (2022/0150865) hereinafter “Cha ‘865”.
As to claim 8, (Currently Amended) the combination of Manolakos and Cha discloses The method of claim 2, is silent yet in an analogous art
Cha ‘865 discloses wherein the report includes identifiers (index) of TRPs from the first set of TRPs, for which received signal power from the first set of TRPs is lower than the received signal power value threshold. See [0366].
Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to further modify Manolakos by having the report include identifiers (index) of TRPs from the first set of TRPs, for which received signal power from the first set of TRPs is lower than the received signal power value threshold as taught by Cha ‘865 for the purpose of informing the LMF / network.
As to claim 9, (Currently Amended) the combination of Manolakos and Cha discloses The method of claim 2, is silent yet in an analogous art Cha ‘865 discloses wherein the report includes identifiers of TRPs from the second set of TRPs, for which received signal power from the second set of TRPs is lower than the received signal power value threshold. See [0366].
Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to further modify Manolakos by having the report include identifiers of TRPs from the second set of TRPs, for which received signal power from the second set of TRPs is
lower than the received signal power value threshold as taught by Cha ‘865 for the purpose of informing the LMF / network.
As to claims 17-18, (Currently Amended) the combination of Manolakos and Cha discloses the corresponding steps as applied above to claims 8-9 respectively.
Claim(s) 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Manolakos and Cha as applied to claim 1 above, and further in view of Khoshnevisan et al. (2023/0353318) hereinafter “Khoshnevisan”.
As to claim 19, (New) the combination of Manolakos and Cha discloses The method of claim 1, is silent to yet in an analogous art, Khoshnevisan discloses wherein at least one TRP from the first set of TRPs is included in the second set of TRPs. See [0112].
Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to further modify Manolakos by having at least one TRP from the first set of TRPs is included in the second set of TRPs for increased coverage.
As to claim 21, (Currently Amended) the combination of Manolakos, and Cha disclose the WTRU of claim 10 and Khoshnevisan discloses the corresponding steps as applied above to claim 19 above.
Claim(s) 20 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Manolakos and Cha as applied to claim 1 above, and further in view of Duan et al. (2022/0082649) hereinafter “Duan”.
As to claim 20, (New) the combination of Manolakos and Cha discloses The method of claim 1, is silent to wherein the second information further indicates a minimum number of TRPs, and wherein the number of selected TRPs from the second set of TRPs corresponds to at least the minimum number of TRPs.
In an analogous art, Duan discloses wherein a UE is configured to report a minimum number of measurements for a TRP which would imply indication from the network as well. See [0007]-[0009], [0197].
Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to further modify Manolakos
by having the second information further indicate a minimum number of TRPs, and wherein the number of selected TRPs from the second set of TRPs corresponds to at least the minimum number of TRPs for the purpose of making sure to get enough data to perform locating.
As to claim 22, (Currently Amended) the combination of Manolakos, and Cha disclose the WTRU of claim 10 and Duan discloses the corresponding steps as applied above to claim 20 above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5.
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, Yuwen Pan can be reached at 571-272-7855. 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.
LESTER G. KINCAID
Primary Patent Examiner
Art Unit 2649
/LESTER G KINCAID/Primary Examiner, Art Unit 2649