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 25 June 2026 have been fully considered but they are not persuasive. The applicant argues on page 1 of the remarks that Han does not disclose “…establishing one or more pre-configurations of a positioning measurement…and in accordance with the one or more pre-configurations of the positioning measurement, participating in the positioning measurement.” The examiner, however, disagrees.
Han discloses a method and apparatus for improving horizontal and vertical positioning accuracy. Further, Han specifically teaches that in an effort to assist in establishing the positioning accuracy, a user equipment UE uses positioning reference signals PRS to determine its position (The UE 200 and other components may be configured to determine the UE position using Positioning Reference Signals (PRS) as described herein) (0027).
Additionally, reference signals comprising a first Positioning Reference Signal (PRS) pattern received in a first set of PRS subframes and a second PRS pattern received in a second set of PRS subframes received by the transceiver prior to a subsequent first set of PRS subframes; measure PRS resource elements (REs), each comprising a PRS, in the first and second PRS pattern; and configure the transceiver to transmit a measurement of the PRS in each of the first and second PRS pattern to enable horizontal and vertical positioning of the UE to be determined based on the measurements (0097).
Lastly, as described in Han, the UE may detect the PRS from different neighboring base stations, take measurements based on each PRS and transmits the measurements to the base station (0053).
Therefore, Han does disclose the required limitation in its broadest reasonable interpretation, “…establishing one or more pre-configurations of a positioning measurement…and in accordance with the one or more pre-configurations of the positioning measurement, participating in the positioning measurement.”
Based on the above remarks, the examiner maintains that Han, taken solely or collectively, teaches the invention as presently claimed. A rejection to the claims is set forth 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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1, 3-5 and 9-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Han et al. (Han), U.S. Patent Pub. No. 2021/0112516.
Regarding claim 1, Han discloses a method of operating a wireless communication device (UE 102; figure 1) connected to a cellular network (RAN 101; figure 1), the method comprising: establishing one or more pre-configurations (as indicated in the prsInfo that is transmitted from the enb/base station to the communication device) (0053) of a positioning measurement (the parameters defining the PRS (positioning reference signal) 314 may be configurable and may be provided in the prsInfo. These parameters may include a configuration index (prs-ConfigurationIndex), I.sub.PRS, having values of 0-2399 and mapped to PRS periodicity (T.sub.PRS) and PRS offset (Δ.sub.PRS) parameters.) (0258), after said establishing of the one or more pre-configurations, establishing a positioning measurement period (inherently within the PRS pattern since the communication performs the measurement within the PRS pattern established by the system, see abstract) for performing the positioning measurement, and in the positioning measurement period and in accordance with the one or more pre-configurations of the positioning measurement, participating in the positioning measurement (The UE may measure PRS resource elements (REs), each having a PRS, in the first and second PRS pattern. The UE may transmit a measurement of the PRS in the first and second PRS pattern. The patterns may enable horizontal and vertical positioning to be determined.) (abstract; see also 0058 and 0060).
Regarding claim 3, Han discloses the method of claim 1, wherein said establishing of the one or more pre-configurations comprises obtaining the one or more pre-configurations from a network node of the cellular network, for example in a message native to a Radio Resource Control Layer (A central processing unit (CPU) 204e of the baseband circuitry 204 may be configured to run elements of the protocol stack for signaling of the PHY, MAC, RLC, PDCP and/or RRC layers.) (0030).
Regarding claim 4, Han discloses the method of claim 3, wherein the one or more pre-configurations are obtained from an access node of the cellular network serving the wireless communication device (Using the PRS for UE-assisted position determination, the PRS may be transmitted on antenna port 6 of the eNB 104 to the UE 102.) (0053).
Regarding claim 5, Han discloses the method of claim 3, wherein the one or more pre-configurations are obtained from a location server node of the cellular network associated with the positioning measurement (the location server 130 or eNB 104 may transmit OTDOA reference cell information to the UE 102. The OTDOA reference cell information may include a physical cell identity (physCellId), an antenna port configuration (antennaPortConfig), a cyclic prefix length (cpLength) and PRS information (prsInfo).) (0052).
Regarding claim 9, Han discloses the method of claim 1, wherein said establishing of the positioning measurement period comprises: obtaining, from the cellular network, a measurement grant comprising a pointer to at least one of the one or more pre-configurations and indicative of the positioning measurement period (reads on the PRS pattern sent to the user equipment (UE) in the prsinfo which lets the UE know when in time to perform the positioning measurements (The UE may receive a prsInfo control signal having at least one PRS configuration and subsequently a plurality of Reference Signals (RSs). The RSs may have a first Positioning Reference Signal (PRS) pattern in a first set of PRS subframes and a second PRS pattern in a second set of PRS subframes received prior to a subsequent first set of PRS subframes. The RSs may have a vertical positioning RS and a lateral positioning RS. The UE may measure PRS resource elements (REs), each having a PRS, in the first and second PRS pattern. The UE may transmit a measurement of the PRS in the first and second PRS pattern.) (abstract).
Regarding claim 10, Han discloses the method of claim 9, wherein the measurement grant is included in a control message native to the Physical Layer or Medium Access Layer (The reconfiguration message may contain reconfiguration information including one or more parameters that indicate specifics about reconfiguration of the UE 102 upon a mobility scenario (e.g., handover) to reduce the latency involved in the handover. The parameters may include physical layer and layer 2 reconfiguration indicators, and a security key update indicator.) (0020).
Regarding claim 11, Han discloses the method of claim 9, wherein the measurement grant is indicative of time-frequency resources of positioning signals of the positioning measurement (A downlink resource grid may be used for downlink transmissions from an eNB to a UE. The grid may be a time-frequency grid, which is the physical resource in the downlink in each slot.) (0024).
Regarding claim 12, Han discloses the method of claim 9, further comprising: providing positioning assistance data to the cellular network, wherein the measurement grant is in accordance with the positioning assistance data (The E-SMLC 134 may, in response, transmit assistance data to the UE 102 to enable UE-assisted positioning.) (0050).
Regarding claim 13, Han discloses the method of claim 12, wherein the positioning assistance data comprises at least one of previously selected positioning signal resources, previously best resource, a list of selected neighbor cells, or a list of best neighbor cells (The UE 102 may detect the PRS from different neighboring eNBs 104, take measurements based on each PRS and transmits the measurements to the eNB 104.) (0053).
Regarding claim 14, Han discloses the method of claim 1, wherein said establishing of the positioning measurement period-comprises: providing a measurement request to the cellular network (In general, to obtain UE position using the radio access technology techniques, the MME 122 may receive a request for a location service associated with a particular target UE 102 from another entity, or may itself initiate the location service on behalf of a particular target UE 102.) (0050).
Regarding claim 15, Han discloses the method of claim 14, wherein the measurement request is included in a control message native to the Physical Layer or Medium Access Layer (The reconfiguration message may contain reconfiguration information including one or more parameters that indicate specifics about reconfiguration of the UE 102 upon a mobility scenario (e.g., handover) to reduce the latency involved in the handover. The parameters may include physical layer and layer 2 reconfiguration indicators, and a security key update indicator.) (0020).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Xu et al. (Xu), U.S. Patent Pub. No. 2023/0025902.
Regarding claim 2, Han discloses the method of claim 1 as described above. Han, however, fails to specifically disclose wherein the one or more pre-configurations are established without reference to the positioning measurement period.
In a similar field of endeavor, Xu discloses methods and apparatus for measurement gap activation and deactivation for positioning measurements. Xu further discloses wherein pre-configuration information (PRS info) and the positioning measurement period (measurement gaps) are separate from each other (For example, if the active BWP does not contain the target PRS, the serving gNB may activate the measurement gaps. If the serving gNB switches the active BWP and the new active BWP contains the target PRS, the serving gNB may deactivate the measurement gaps.) (0027); see also (The measurement gaps configured for the UE may then be muted and the UE may measure the target PRS without using the measurement gaps.) (0082).
Therefore, before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify Han with the teachings of Xu to improve scheduling as suggested by Xu (When a dedicated measurement gap collides with a legacy measurement gap for mobility measurement, the mobility measurement is prioritized and the positioning measurement gap is muted. When a dedicated measurement gap collides with scheduled data or sounding reference signal (SRS) transmissions, the data or SRS transmission is prioritized and the positioning measurement gap is also muted.) (0025).
Claim(s) 6-8 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Manolakos et al. (Manolakos), U.S. Patent Pub. No. 2021/0051622.
Regarding claim 6, Han discloses the method of claim 3 as described. Han, however, fails to disclose providing, to the cellular network, a request indicative of a latency requirement associated with the positioning measurement, wherein the one or more pre-configurations are obtained in accordance with the latency requirement.
In a similar field of endeavor, Manolakos discloses computation complexity framework for positioning reference signal processing. Manolakos further discloses providing, to the cellular network, a request indicative of a latency requirement associated with the positioning measurement, wherein the one or more pre-configurations are obtained in accordance with the latency requirement (the indication can read on the positioning capabilities sent to the network by the user equipment as the positioning calculations performed by the user equipment are based on latency configuration) (a method of wireless communication performed by a user equipment (UE) includes sending, to a network entity, a report indicating positioning capabilities of the UE, the positioning capabilities indicating a number of positioning calculations that the UE can perform per unit of time, per unit of frequency, or both, receiving a request to perform a first set of positioning-related measurements and to report a second set of positioning-related measurements that are associated with a set of positioning reference signal (PRS) resources to be used for the first and second sets of positioning-related measurements, a set of reporting parameters to be used for the reporting, an accuracy configuration, a latency configuration, or any combination thereof, and performing the first set of positioning-related measurements of the set of PRS resources) (0006).
Therefore, before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify Han with the teachings of Manolakos. The motivation for this modification would have been to further improve positioning measurements based on the capability of the communication device.
Regarding claim 7, Han discloses the method of claim 3 as described above. Han, however, fails to disclose providing, to the cellular network, a capability of the wireless communication device to support the positioning measurement having a low latency level, wherein the one or more pre-configurations are obtained in accordance with the capability of the wireless communication device.
Manolakos discloses the latency requirement as described in claim 6 above. The low latency is encompassed in the latency configuration explained above (a method of wireless communication performed by a user equipment (UE) includes sending, to a network entity, a report indicating positioning capabilities of the UE, the positioning capabilities indicating a number of positioning calculations that the UE can perform per unit of time, per unit of frequency, or both, receiving a request to perform a first set of positioning-related measurements and to report a second set of positioning-related measurements that are associated with a set of positioning reference signal (PRS) resources to be used for the first and second sets of positioning-related measurements, a set of reporting parameters to be used for the reporting, an accuracy configuration, a latency configuration, or any combination thereof, and performing the first set of positioning-related measurements of the set of PRS resources) (0006).
Therefore, before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify Han with the teachings of Manolakos. The motivation for this modification would have been to further improve positioning measurements based on the capability of the communication device.
Regarding claim 8, Han discloses the method of claim 1 as described above. Han, however, fails to disclose wherein said establishing of the one or more pre-configurations comprises loading the one or more pre-configurations from a local memory of the wireless communication device.
Manolakos discloses this limitation as evidenced by the fact that the user equipment sends the information in a report to the network entity (a method of wireless communication performed by a user equipment (UE) includes sending, to a network entity, a report indicating positioning capabilities of the UE, the positioning capabilities indicating a number of positioning calculations that the UE can perform per unit of time, per unit of frequency, or both) (0006).
Therefore, before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify Han with the teachings of Manolakos. The motivation for this modification would have been to combine prior art elements according to known methods to yield predictable results.
Regarding claim 16, Han discloses the method of claim 1 as described above. Han, however, fails to specifically disclose wherein the positioning measurement period for performing the positioning measurement is autonomously selected by the wireless communication device from a plurality of candidate positioning measurement periods.
Manolakos discloses this limitation (A UE may determine the timing of the PRS occasions of the reference and neighbor cells for positioning, if the UE can obtain the cell timing (e.g., SFN) of at least one of the cells, such as a reference cell or a serving cell. The timing of the other cells may then be derived by the UE based, for example, on the assumption that PRS occasions from different cells overlap.) (0095).
Therefore, before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify Han with the teachings of Manolakos. The motivation for this modification would have been to combine prior art elements according to known methods to yield predictable results.
Regarding claim 17, Manolakos further discloses the method of claim 16, wherein the positioning measurement period is selected without receiving a measurement grant from the cellular network, the method optionally comprising: providing, to the network, a request to perform the positioning measurement autonomously (the optional limitation has not been given patentable weight) (A UE may determine the timing of the PRS occasions of the reference and neighbor cells for positioning, if the UE can obtain the cell timing (e.g., SFN) of at least one of the cells, such as a reference cell or a serving cell. The timing of the other cells may then be derived by the UE based, for example, on the assumption that PRS occasions from different cells overlap.) (0095).
Regarding claim 18, Manolakos discloses the method of claim 16, wherein the positioning measurement period is autonomously selected by the wireless communication device in response to at least one trigger criterion (reads on the UE obtaining the timing information) being fulfilled (A UE may determine the timing of the PRS occasions of the reference and neighbor cells for positioning, if the UE can obtain the cell timing (e.g., SFN) of at least one of the cells, such as a reference cell or a serving cell. The timing of the other cells may then be derived by the UE based, for example, on the assumption that PRS occasions from different cells overlap.) (0095).
Regarding claim 19, the combination of Han and Manolakos discloses the method of claim 18, wherein the at least one trigger criterion is selected from the group comprising: a respective authorization from the cellular network; an off-duration of a discontinuous reception cycle; sufficient positioning reference signals of the positioning measurement being transmitted on an active bandwidth part; or intra-frequency positioning measurements (The psrInfo may indicate information on PRS configuration of a reference cell, including a PRS configuration index (prs-ConfigurationIndex), a PRS bandwidth (prs-Bandwidth), a number of downlink frames (numDL-Frames) (referred to below as the duration) and PRS muting information (prs-MutingInfo).) (Han, 0052) and (For LTE systems, the sequence of subframes used to transmit PRS (e.g., for positioning) may be characterized and defined by a number of parameters, comprising: (i) a reserved block of bandwidth (BW)) (Manolakos, 0096).
Regarding claim 20, Manolakos as modified discloses the method of claim 16, further comprising: inherently providing, to the cellular network, an indication of the wireless communication device autonomously selecting the positioning measurement period when the device performs the measurement (A UE may determine the timing of the PRS occasions of the reference and neighbor cells for positioning, if the UE can obtain the cell timing (e.g., SFN) of at least one of the cells, such as a reference cell or a serving cell. The timing of the other cells may then be derived by the UE based, for example, on the assumption that PRS occasions from different cells overlap.) (0095).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMICA M. BEAMER whose telephone number is (571)272-7797. The examiner can normally be reached Monday thru Friday; 9:00 AM to 3:00 PM.
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/TEMICA M BEAMER/Primary Examiner, Art Unit 2646
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