Detailed Action
1. This Office Action is in response to the Applicant’s communication filed on 01/29/2024. In virtue of this communication, claims 1-30 are currently pending in this Office Action.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Applicant' s claim for the benefit of entering National Stage Application a 371 PCT application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78 is acknowledged.
Claim Rejections - 35 USC § 103
4. 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 of this title, 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.
5. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
6. Claims 1-3, 5-12, 14-19 and 21-30 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. Pub. No.: US 2022/0369270 A1 in view of Zheng et al. Pub. No.: US 2023/0300660 A1 and Tao et al. Pub. No.: US 2022/0283259 A1.
Claim 1
Jiang discloses a method (fig. 1-6 for reporting aggregated positioning measurement) for reporting positioning reference signals measurement values with a wireless node (first wireless communication device in fig. 6 and see par. 0101), comprising:
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providing capabilities information (fig. 5, par. 0064, UE may report capabilities for a single layer PRS processing or multiple layer PRS processing) including an indication of a number of positioning frequency layers to be included in a measurement report (par. 0064 mentions UE could include parameters in the report as explained in par. 0065-0070), and an indication of a number of positioning frequency layers that can be measured simultaneously (par. 0067, UE may identify the maximum number of frequency layers and par. 0069, different frequency layers simultaneously);
receiving positioning assistance data comprising positioning reference signal configuration information (610 in fig. 6, par. 0102, the signaling may identify or include a schedule for a first positioning reference signal resource ID that may include first and second frequency layers as depicted in fig. 3-5);
measuring positioning reference signals in the number of positioning frequency layers to be included in the measurement report based at least in part on the positioning assistance data (620 in fig. 6 for performing aggregated positioning measurement in par. 0104); and
transmitting the measurement report (625 in fig. 6).
Although Jiang does not disclose “a single measurement report”, the claim limitation is considered obvious by the following rationales.
Indeed, Jiang explains in many ways that the UE would measure for a single layer frequency measurement (par. 0076, 0078-0079 & 0083) and measuring the single frequency layer can be assumed as the reference frequency layer as a single report parameter (par. 0090, see fig. 4 for BWP ID, Cell ID). Since claim does not specifically define what are involved in the single measurement report, the teachings from Jian mentioned above would have read on the single frequency measurement. See MPEP 2111. However, to advance the prosecution, “a single measurement report” can be reasonably interpreted in light of this instant application’s disclosure that describes the single measurement report may include both PRS measurement values and an indication of a preferred PFL (see par. 0105 and fig. 13 in PG PUB of this instant application). If reasonably interpretation is given to the addressing claimed feature, Jiang may fail to explicitly show a time stamp and a preferred PFL. The evidence could be seen in Zheng. In particular, Zheng teaches a single measurement report (par. 0056) for indicating time stamp and measurement values (fig. 3) and reference signal information for measurement values (fig. 4) based on a measurement for a single positioning frequency layer (par. 0061 & 0069, herein, a single positioning frequency layer).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify positioning using multiple frequency layers of Jiang by providing multiple measurement reports as taught in Zheng. Such a modification would have provided a user equipment to report the measured reference signals so that a measurement report with time stamp and time-domain occasions would have revealed the clock drift of UE, blockage and movement of the UE for effectively allocating network resource and seamlessly handing over without service interruption as suggested in par. 0003-0008 of Zheng.
Additionally, as we are discussing to advance the prosecution, let’s address “a single measurement report including a preferred PFL”, as it’s recited in claim 11 for a network side. Initially, recall that Jiang discloses a report in fig. 6 and see frequency layers explained in fig. 3-5 and Zheng describes a measure report including maximum number of measurement instances associated with a positioning frequency layer, as to a PFL (par. 0050). In particular, Tao teaches a measurement report including an indication of a preferred PRS (fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify positioning using multiple frequency layers of Jiang in view of Zheng by providing multi-stage positioning reference signal as taught in Tao to obtain the claimed invention as specified in the claim. Such a modification would have provided a user equipment to perform a measurement of reference signals so that the network could have analyzed a measurement report to support services for a low data rate, a lower power and a long battery life as suggested in par. 0002-0003 of Tao.
Claim 2
Jiang, in view of Zheng and Tao, discloses the method of claim 1 further comprising receiving a request from a location server to measure positioning reference signals in a single positioning frequency layer based on the single measurement report (Jiang, LMF as a first wireless communication device in fig. 6 and providing schedule in 610 in fig. 6, in the next cycle, UE will perform measurement again based on the schedule meaning periodically sending PRS signal represents a request for UE to measure, connecting herein, see LMF sending our PRS in fig. 2 of Tao; Zeng, LMF can be a server in par. 0077; accordingly, one of ordinary skill in the art would have expected the combined prior art to perform equally well to make LMF or a server to send location request to UE in the same way that sending configuration and schedule information to UE, see MPEP KSR Exemplary Rationale C; see a location server LS in fig. 3 of Siomina et al. Pub. No.: US 2020/0092737 A1).
Claim 3
Jiang, in view of Zheng and Tao, discloses the method of claim 1 wherein the indication of the number of positioning frequency layers to be included in the single measurement report further comprises an indication of at least one wireless interface (Jiang, LTE and 5G standards that use Uu interface in par. 0031 and par. 0065-0075 for explaining the parameters included in the report; Zheng, LTE and 5 G standards in par. 0081 and see fig. 3-4 and par. 0038, 0046 and 0050 for what are included in the measurement report; accordingly, one of ordinary skill in the art would have expected the combined prior art to perform equally well to include Uu interface in the same way what are included in report of par. 0065-0075 of Jiang and par. 0038, 0046 and 0050 of Zheng, see MPEP KSR Exemplary Rationale C; see interface in the report as best RX antenna port in par. 0118 of Khoryaev et al. Pub. No.: US 2022/0116089 A1).
Claim 5
Jiang, in view of Zheng and Tao, discloses the method of claim 1 wherein the single measurement report includes an indication of a number of positioning reference signals received in a positioning frequency layer (Jiang, report in fig. 6 and par. 0058 for N, T, wherein N = duration for DL PRS symbols, T = ms for a given maximum bandwidth B and par. 0069 for maximum number of Dl, PRS resource RF; Zheng, Q value in par. 0046 & 0049 and see par. 0050; accordingly, the combined prior art renders the claim obvious).
Claim 6
Jiang, in view of Zheng and Tao, discloses the method of claim 1 wherein the single measurement report includes one or more positioning reference signal measurement values associated with a plurality of positioning frequency layers (Jiang, see measurement report in fig. 6 in view of fig. 3-5 for PFL; Zheng, measurement report in fig. 3-4 for preference signal information with measurement values), and the method further comprises:
receiving an indication of a preferred positioning frequency layer (PRS measurement report in fig. 6 of Jiang and fig. 3-4 of Zheng in view of preferred PRS in fig. 2 of Tao); and
measuring a plurality of positioning reference signals associate with the preferred positioning frequency layer (Jiang, measurement report in fig. 6 and see par. 0040, resource set and PFL relationship in fig. 3-5 for PFL; Zheng, measurement report in fig. 3-4 for preference signal information with measurement values; preferred PRS in report in fig. 2 of Tao; for these reasons, one of ordinary skill in the art would have expected the combined prior art to perform equally well to the claim, see MPEP 2143, Exemplary Rationale F).
Claim 7
Jiang, in view of Zheng and Tao, discloses the method of claim 1 further comprising determining a preferred positioning frequency layer based at least in part on measurement values associated with the positioning reference signals (Jiang, see measurement report in fig. 6 and see resource set and PFL relationship in fig. 3-5 for PFL; Zheng, measurement report in fig. 3-4 for preference signal information with measurement values; Tao, preferred PRS report in 212 of fig. 2 would include determining the preferred list after measuring), wherein the single measurement report includes an indication of the preferred positioning frequency layer (Jiang, see measurement report in fig. 6 and see resource set and PFL relationship in fig. 3-5 for PFL; Zheng, measurement report in fig. 3-4 for preference signal information with measurement values; preferred PRS in report in fig. 2 of Tao; and thus, the combined prior art reads on the claim).
Claim 8
Jiang, in view of Zheng and Tao, discloses the method of claim 1 wherein a positioning frequency layer in the number of positioning frequency layers includes positioning reference signal resources associated with a plurality of network nodes (Jiang¸ Cell ID Ci 410 in fig. 4 and par. 0102 for BWP ID and resource set ID in view of fig. 3-5; Zheng¸ measurement with TRP ID in par. 0046 and see TRP for being gNB in par. 0027; Tao, fig. 2 PRS from LMF and PRS from neighboring network node; accordingly, the combined prior art meets the claim requirement).
Claim 9
Jiang, in view of Zheng and Tao, discloses the method of claim 8 wherein the plurality of network nodes includes base stations configured to transmit positioning reference signals (Jiang, UE receives cell ID of fig. 4 and PRS in schedule 610 in fig. 6; Tao, 210 in fig. 2, neighboring base station and LMF transmit PRS to UE; and hence, the combined prior art renders the claim obvious).
Claim 10
Jiang, in view of Zheng and Tao, discloses the method of claim 8 wherein the plurality of network nodes includes user equipment configured to transmit positioning reference signals (Jiang, UE, LMF or service node and neighboring node in fig. 2 and fig. 6; Zheng, measurement with TRP ID in par. 0046 and see TRP for being gNB in par. 0027; Tao, UE for measuring PRS from neighboring node and LMF in fig. 2; accordingly, one of ordinary skill in the art would have expected the UE of the combined prior art to measure signal of UE as the UE measures PRS from the network node and LMF; it could same way as MPEP describes in KSR 2143, Exemplary Rationale C; alternatively, it could be considered rearrangement of parts in the combined prior art and rearranging parts of an invention involved only routine skill in the art. In re Japikse, 86 USPQ 70 CCPA 1950).
Claim 11
Jiang discloses a method fig. 1-6 for reporting aggregated positioning measurement) of selecting a positioning frequency layer (frequency layers F1-F2 in fig. 5) for a positioning session (positioning in fig. 3-6), comprising:
receiving capability information (fig. 5, par. 0064, UE may report capabilities for a single layer PRS processing or multiple layer PRS processing) including an indication of a number of positioning frequency layers a wireless node (second wireless communication node in fig. 6) can support (par. 0064 mentions UE could include parameters in the report as explained in par. 0065-0070), and an indication of a number of positioning frequency layers that can be measured simultaneously (par. 0067, UE may identify the maximum number of frequency layers and par. 0069, different frequency layers simultaneously);
providing a plurality of assistance data messages (610 in fig. 6) to the wireless node in the positioning frequency layers the wireless node can support (par. 0064 mentions UE could include parameters in the report as explained in par. 0065-0070), and an indication of a number of positioning frequency layers that can be measured simultaneously (par. 0067, UE may identify the maximum number of frequency layers and par. 0069, different frequency layers simultaneously);
receiving a measurement report from the wireless node, wherein the measurement report is associated with one of the plurality of assistance data messages and is received before a next assistance data message of the plurality of assistance data messages is provided to the wireless node (PRS periodicity in par. 0060 means that schedule in 610 of fig. 6 will provide assistance data in one after another by a period and see par. 0102);
determining a positioning frequency layer based on the measurement reports (as scheduled in 610 of fig. 6, the next SRS set of fig. 3 would be determined relating to F1 or F2 in fig. 5 for frequency layer and see positioning using multiple frequency layers in par. 0036-0037 & 0053-0054 and see fig. 4 for activating deactivating for positioning SRS as explained in par. 0042-0044); and
requesting positioning measurements from the wireless node based on the preferred positioning frequency layer (as scheduled and configured for aggregated positioning in 605 of fig. 6, transmitting PRS periodically of par. 0060 would make UE to measure one after another by a period).
Although Jiang does not disclose “a sequential order based on the number of positioning frequency layers the wireless node can support; receiving a sequence of measurement reports from the wireless node; wherein each of the measurement reports is associated with one of the plurality of assistance data messages and is received before a next assistance data message of the plurality of assistance data messages is provided to the wireless node; and determining a preferred positioning frequency layer based on the sequence of measurement reports”, the claim limitations are considered obvious by the following rationales.
Firstly, to consider the obviousness of the claim limitations “a sequential order based on the number of positioning frequency layers the wireless node can support”, initially, it’s to note that claim does not specifically define what are involved or required to be a sequential order. If so, scheduling to transmit positioning reference signal PRS periodically is transmitting PRS in sequential order as scheduled in 601 of fig. 6 of Jiang. See positioning frequency layers PFL in par. 0036-0037 & 0053-0054 and fig. 3-5. These teachings from Jiang would have rendered the sequential order obvious as PRS associated with PFL in Jiang are scheduled to transmit one after another by design for UE to measure them. The evidence could be seen in Zheng. In particular, Zheng teaches periodicity of the measurement report and resource set (fig. 2) and measurement instances, as to sequential order, for first, second and third indicated reference signals (fig. 3-4).
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Secondly, to consider the obviousness of the claim limitations “receiving a sequence of measurement reports from the wireless node; wherein each of the measurement reports is associated with one of the plurality of assistance data messages and is received before a next assistance data message of the plurality of assistance data messages is provided to the wireless node”, recall that in fig. 6 of Jiang , LMF or eNB transmit PRS as scheduled for UE to measure and in return, the UE will transmit report before the next PRS. Since Jiang does not show, it doesn’t mean it will not function as explained above and the evidence is provided herein. In particular, Zheng teaches periodicity of the measurement report before next SRS set associated the reference signal (fig. 1-2) and sequence of measurement reports for first, second and third, so on, indicated reference signal with time stamp, measurement values (fig. 30) and reference signal information for measurement values (fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify positioning using multiple frequency layers of Jiang by providing multiple measurement reports as taught in Zheng. Such a modification would have provided a user equipment to report the measured reference signals so that the measurement report with time stamp and time-domain occasions would have revealed the clock drift of UE, blockage and movement of the UE for effectively allocating network resource and seamlessly handing over without service interruption as suggested in par. 0003-0008 of Zheng.
Lastly, to address the obviousness of the claim limitation “determining a preferred positioning frequency layer based on the sequence of measurement reports”, recall, as explained above, the positioning frequency layer PFL in Jiang and the sequence of measurement reports (fig. 6 of Jiang and fig. 1-4 of Zheng). What’s more, Jiang discloses a report in fig. 6 and see frequency layers explained in fig. 3-5 and Zheng describes a measure report including maximum number of measurement instances associated with a positioning frequency layer, as to a PFL (par. 0050). In particular, Tao teaches a measurement report including an indication of a preferred PRS (fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify positioning using multiple frequency layers of Jiang in view of Zheng by providing multi-stage positioning reference signal as taught in Tao to obtain the claimed invention as specified in the claim. Such a modification would have provided a user equipment to perform a measurement of reference signals so that the network could have analyzed a measurement report to support services for a low data rate, a lower power and a long battery life as suggested in par. 0002-0003 of Tao.
Claim 12
Jiang, in view of Zheng and Tao, discloses the method of claim 11 wherein the indication of the number of positioning frequency layers the wireless node can support further comprises an indication of at least one wireless protocol (Jiang, protocols in par. 0035 and positioning using multiple frequency layers in par. 0036; Zheng, measurement report-related procedures are defined in NRPPa protocol in par. 0028, LPP protocol for DL in par. 0029; Tao, LTE positioning protocol LPP in par. 0040 and LPP and NRPPa in par. 0048; and thus, the combined prior art reads on the claim).
Claim 14
Jiang, in view of Zheng and Tao, discloses the method of claim 11 wherein determining the preferred positioning frequency layer (fig. 3-6 of Jiang, fig. 3-4 of Zheng and fig. 2 of Tao) is based at least in part on a number of positioning refence signals measured in the preferred positioning frequency layer (Jiang, report in fig. 6 and par. 0058 for N, T, wherein N = duration for DL PRS symbols, T = ms for a given maximum bandwidth B and par. 0069 for maximum number of Dl, PRS resource RF; Zheng, Q value in par. 0046 & 0049 and see par. 0050; accordingly, the combined prior art renders the claim obvious).
Claim 15
Jiang, in view of Zheng and Tao, discloses the method of claim 11 wherein determining the preferred positioning frequency layer is based at least in part on a number of line of sight measurements obtained in the preferred positioning frequency layer (Jiang, fig. 3-6, TDOA in par. 0088; Zheng, fig. 3-4 and par. 0027 for AOA, AOD, TDOA Tao, AoA in par. 0044; accordingly, one of ordinary skill in the art would have expected AO or TDOA taught by the combined prior art to perform equally well to the claimed feature “number of line of sight”, see MPEP 2143, KSR Exemplary Rationale F).
Claim 16
Jiang, in view of Zheng and Tao, discloses the method of claim 11 further comprising deactivating one or more non-preferred positioning frequency layers on one or more neighboring base stations (Jiang, activate or deactivate A/D 405 field for SP position SRS resource set and see cell ID filed 410 and C field to be able to use for neighboring bases stations; and thus, the combined prior meets the claim requirement).
Claim 17-19 and 21-26
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Claims 17-19 and 21-26 are apparatus claim corresponding to method claims 1-3 and 5-10. All of the limitations of claims 17-19 and 21-26 are found reciting for the structures of the same scopes of the respective limitations in claims 1-3 and 5-10. Accordingly, claims 17-19 and 21-26 can be considered obvious by the same rationales applied in the rejections of claims 1-3 and 5-10 respectively set forth above.
Additionally, Jiang discloses an apparatus (UE 204 in fig. 2 above and second communication device in fig. 7), comprising: a memory (234 in fig. 2); at least one transceiver (230 in fig. 2); at least one processor (235 in fig. 2) communicatively coupled to the memory and the at least one transceiver (as depicted in fig. 2, processor, memory and transceiver are coupled with communication bus 240 to perform the steps and instructions depicted in fig. 3-7).
Claim 27-30
Claims 27-30 are apparatus claims corresponding to method claims 11-12 and 14-16 such that claim 29 recites the claim limitations of claims 14 or 15, i.e., the reasons for obviousness for either claim 14 or 15 would meets claim 29 requirement. All of the limitations in claims 27-30 are found reciting for the structures of the same scopes of the respective limitations in fig. 11-12 and 14-16. Accordingly, claims 27-30 can be considered obvious by the same rationales applied in the rejection of claims 11-12 and 14-16 respectively, set forth above.
Additionally, Jiang discloses an apparatus (BS 202 in fig. 2, shown above, and first communication device/LMF/gNB in fig. 7), comprising: a memory (216 in fig. 2); at least one transceiver (210 in fig. 2); at least one processor (214 in fig. 2) communicatively coupled to the memory and the at least one transceiver (as depicted in fig. 2, processor, memory and transceiver are coupled with communication bus 240 to perform the steps and instructions depicted in fig. 3-7).
7. In this instant application, there are mainly two sets of the claims for a UE side and a network side. However, limitations in claims may involve transmitting side and receiving side that can be patentably distinct inventions. Accordingly, it’s to suggested to keep the claims under the same scope of the claimed invention to advance the prosecution.
Allowable Subject Matter
8. Claims 4, 13 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN HTUN whose telephone number is (571)270-3190. The examiner can normally be reached Monday - Thursday 7 AM - 5 PM.
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/SAN HTUN/
Primary Examiner, Art Unit 2643