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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 27, 2026 has been entered.
Response to Arguments
Applicant's arguments filed February 27, 2026 have been fully considered but they are not persuasive.
The argument features Akkarakaran does not disclose or suggest receiving a plurality of positioning reference signals (PRSs) transmitted by the one or more network nodes and upon a first PRS and a second PRS of the plurality of PRSs being received from a same network node of the one or more network nodes, the first PRS being received along a path which is relayed at the RRD and the second PRS being received along a path which is not relayed at the RRD; transmitting a measurement report message comprising positioning information for the terminal node based on at least the first PRS and second PRS.
The examiner respectfully disagrees with the applicant’s statement and asserts that, using the broadest reasonable interpretation, Akkarakaran discloses receiving a plurality of positioning reference signals (PRSs) transmitted by the one or more network nodes (e.g. location server) and upon a first PRS and a second PRS of the plurality of PRSs being received from a same network node of the one or more network nodes (e.g. location server) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)], the first PRS being received along a path which is relayed at the RRD and the second PRS being received along a path which is not relayed at the RRD (e.g. base station) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)]; transmitting a measurement report message comprising positioning information for the terminal node (e.g. UE) [e.g. positioning metric (par. 91, lines 15-22)] based on at least the first PRS and second PRS [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)].
The argument features Akkarakaran does not describe a measurement report including both a positioning metric from a PRS from the base station and a positioning metric from a PRS from the relay node.
The examiner respectfully disagrees with the applicant’s statement and asserts that, as disclosed above, the PRS is transmitted via the base station and relay node (par. 91, lines 8-12). This information (par. 91, lines 8-12) is used for the positioning metric (par. 91, lines 15-22).
The applicant will need to further amend the independent claims to clearly indicate the patentable subject matter. Regarding independent claims 1 and 24, the applicant will need to make it clear that the terminal node is wireless. What is the network node? “upon the first PRS and the second PRS,” does the applicant mean upon receiving the first PRS and the second PRS? Isn’t the measurement report generated by the “terminal node” before it is transmitted? This should be a separate step performed by the “terminal node.” The spatial filter information in the preamble should be in the body of the claim. How is the positioning information determined by the “terminal node” using the first and second PRS? What is the connection between the positioning information and the spatial filters in a novel way? Regarding the current amendments, PRS will need to be spelled out.
Regarding claim 12, what is the positioning node? What is the network node? Isn’t the “terminal node” wireless? How does the “positioning node” determine the position of the “terminal node” in a novel way? What does this have to do with the spatial filters in the preamble in a novel way? The spatial filters information in the preamble should be in the body of the claim.
In view of the above, the rejection using Akkarakaran is maintained as repeated below.
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 1-19, 24 are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Akkarakaran et al. (U.S. Patent Application Number: 2020/0296680).
Consider claim 1; Akkarakaran discloses a method of operating a terminal node configured to communicate with one or more network nodes using a re-configurable relaying device (RRD), the RRD being re-configurable to provide spatial filters, each one of the spatial filters being associated with a respective spatial direction into which incident signals are selectively transmitted by the RRD, the method comprising:
receiving a first PRS transmitted by a network node (e.g. location server) along a path which is relayed by the RRD [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)];
receivinq a second PRS transmitted by the network node (e.g. location server) along a path directly from the network and not relayed at the RRD (e.g. base station) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)]; and
upon the first PRS and the second PRS [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)], transmitting a measurement report message comprising positioning information for the terminal node [e.g. positioning metric (par. 91, lines 15-22)] based on at least the first PRS and second PRS [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)].
Consider claim 2; Akkarakaran discloses determining whether the first PRS and the second PRS are received from the same network node (e.g. location server) [the PRS is transmitted via the base station and relay node from the location server (par. 91, lines 8-12)], whether the first PRS is received along a path which is relayed at the RRD and whether the second PRS is received along a path which is not relayed at the RRD (e.g. base station) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)], and transmitting the measurement report message comprising positioning information for the terminal node [e.g. positioning metric (par. 91, lines 15-22)] based on at least the first PRS and second PRS in case the first PRS and the second PRS are received from the same network node (e.g. location server) [the PRS is transmitted via the base station and relay node from the location server (par. 91, lines 8-12)], the first PRS is received along a path which is relayed at the RRD and the second PRS is received along a path which is not relayed at the RRD (e.g. base station) [the PRS is transmitted via the base station and relay node from the location server (par. 91, lines 8-12)].
Consider claim 3; Akkarakaran discloses the path which is not relayed at the RRD is a path along a line of sight (par. 150, lines 14-16) between the same network node (e.g. location server) and the terminal node (e.g. UE) (par. 91, lines 8-12).
Consider claim 4; Akkarakaran discloses determining the position of the RRD based on PRSs received from one network node of the one or more network nodes (e.g. location server) via the RRD (par. 141, lines 1-14; par. 144, lines 12-14; par. 177, lines 1-5).
Consider claim 5; Akkarakaran discloses information indicative of at least one of a position, an identity, or a presence of the RRD (par. 91, lines 8-12, 15-19).
Consider claim 6; Akkarakaran discloses receiving a message from a network node of the one or more network nodes (e.g. location server) indicative of the position of the RRD (par. 141, lines 1-14; par. 144, lines 12-14; par. 177, lines 1-5).
Consider claim 7; Akkarakaran discloses transmitting a message to a network node of the one or more network nodes (e.g. location server) indicative of the position of the RRD (par. 91, lines 8-12, 15-20).
Consider claim 8; Akkarakaran discloses the measurement report message comprises a time difference of arrival of the first PRS and the second PRS (par. 152, lines 6-18).
Consider claim 9; Akkarakaran discloses receiving a message from a network node of the one or more network nodes indicative of a beam identifier identifying a specific transmit beam of the network node directed towards the RRD (par. 91, lines 1-12) and an instruction (e.g. positioning assistance data) for the terminal node to include into the measurement report message any PRSs received in the specific transmit beam (par. 91, lines 1-22).
Consider claim 10; Akkarakaran discloses transmitting a request to the network node for increasing a temporal density (e.g. amplifying) of PRSs transmitted in the specific transmit beam (par. 91, 154).
Consider claim 11; Akkarakaran discloses the measurement report message (e.g. positioning metric) comprises an indication indicating that the positioning information is based on least a first PRS and a second PRS (par. 91, lines 15-22) received from a same network node (e.g. location server) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)].
Consider claim 12; Akkarakaran discloses a method of operating a positioning node configured to communicate with one or more terminal nodes using a re-configurable relaying device (RRD) the RRD being re-configurable to provide spatial filters, each one of the spatial filters being associated with a respective spatial direction into which incident signals are selectively transmitted by the RRD, the method comprising:
obtaining a measurement report message comprising positioning information for a terminal node of the one or more terminal nodes (par. 91, lines 19-22), the positioning information being based on at least a first PRS and a second PRS received from a same network node (e.g. location server) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)], the first PRS being received along a path which is relayed at the RRD and the second PRS being received along a path which is not relayed at the RRD (e.g. base station) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)], and
determining a position of the terminal node based on the positioning information and a position of the RRD [e.g. via reading the position related information (par. 141, lines 1-14; par. 144, lines 12-16; par. 177, lines 1-5)].
Consider claim 13; Akkarakaran discloses information indicative of at least one of a position, an identity, or a presence of the RRD (par. 91, lines 8-12, 15-19).
Consider claim 14; Akkarakaran discloses determining the position of the RRD by a database retrieval based on an identity of the RRD [e.g. via almanac (par. 141, lines 1-14; par. 144, lines 12-14; par. 177, lines 1-5)].
Consider claim 15; Akkarakaran discloses obtaining a message from a terminal node of the one or more terminal nodes (par. 91, lines 15-22) indicative of the position of the RRD (par. 91, lines 1-15).
Consider claim 16; Akkarakaran discloses transmitting a message to a terminal node of the one or more terminal nodes indicative of the position of the RRD (par. 141, lines 1-14; par. 144, lines 12-14; par. 177, lines 1-5).
Consider claim 17; Akkarakaran discloses transmitting a message to a terminal node of the one or more terminal nodes indicative of a beam identifier identifying a specific transmit beam of the network node directed towards the RRD (par. 91, lines 1-12) and an instruction (e.g. positioning assistance data) for the terminal node to include into the measurement report message any PRSs received in the specific transmit beam (par. 91, lines 1-22).
Consider claim 18; Akkarakaran discloses obtaining a request from the terminal node for increasing a temporal density (e.g. amplifying) of PRSs transmitted in the specific transmit beam (par. 91, 154).
Consider claim 19; Akkarakaran discloses inducing a network node to transmit a PRS in the specific transmit beam (par. 154), and inducing the same network node to transmit at least one further PRS in another transmit beam directed in a direction other than the specific transmit beam (par. 158, lines 5-14).
Consider claim 24; Akkarakaran discloses a terminal node comprising an antenna arrangement (par. 111, lines 1-5), a transceiver and control circuitry (par. 176, lines 1-7) configured to
communicate with one or more network nodes (e.g. location server) using a re-configurable relaying device (RRD) (par. 91, lines 8-22) the RRD being re-configurable to provide spatial filters, each one of the spatial filters being associated with a respective spatial direction into which incident signals are selectively transmitted by the RRD {this is a non-functional limitation since it has no bearing on the supposed patentable limitation of the terminal node. This information is immaterial to the scope of the claim because it is a terminal node claim that is performed by the RRD not the terminal node. See MPEP § 2111.04 and 2111.05};
receiving a first PRS transmitted by a network node (e.g. location server) along a path which is relayed by the RRD [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)];
receivinq a second PRS transmitted by the network node (e.g. location server) along a path directly from the network and not relayed at the RRD (e.g. base station) [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)]; and
upon the first PRS and the second PRS [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)], transmitting a measurement report message comprising positioning information for the terminal node [e.g. positioning metric (par. 91, lines 15-22)] based on at least the first PRS and second PRS [the PRS is transmitted via the base station and relay node (par. 91, lines 8-12)].
Conclusion
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Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Joel Ajayi whose telephone number is (571) 270-1091. The Examiner can normally be reached on Monday-Friday from 7:30am to 5:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Jeanette Parker can be reached on (571) 272-3647. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/JOEL AJAYI/
Primary Examiner, Art Unit 2646