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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on January 30, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Applicant should note that the large number of references in the attached IDSs have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is invited to point out any particular reference(s) in the IDS that they believe may be of particular relevance to the instant claimed invention in response to this Office Action. It is desirable to avoid the submission of long lists of documents if it can be avoided. If a long list is submitted, highlight those documents which have been specifically brought to applicant’s attention and/or are known to be of most significance. See Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff ’d, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert. denied, 414 U.S. 874 (1974). But cf. Molins PLC v. Textron Inc., 48 F.3d 1172, 33 USPQ2d 1823 (Fed. Cir. 1995).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 30 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claims 30, the computer executable code is embodied on a computer readable medium. Said medium is interpreted to include non-statutory subject matter such as carrier waves, signals, and communication media because carrier waves, signals, and communication media store data within the wave, signal, or media. While the specification lists examples [on page 5, para [0037] of physical media (e.g,, a random-access memory (RAM), a read-only memory (ROM), an electrically erasable programmable ROM (EEPROM), optical disk storage, magnetic disk storage, other magnetic storage devices, combinations of the types of computer-readable media, or any other medium that can be used to store computer executable code in the form of instructions or data structures that can be accessed by a computer.) those are considered to be just non-limiting examples. The Examiner encourages Applicant to amend the claims and specification with explicit arguments that the medium is “non-transitory” or “non-transmissible.”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 3-9 and 15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding Claim 3, Claim 3 recites the limitation " the first measuring BW being within the BW for the ABWP or equals to an intersection of the BW for the one or more PRSs and BW for the ABWP" is grammatically improper. Claim 3 recites the limitation “the first measuring BW … equals to an intersection.” The Bandwidth (BW) is typically a scalar value (e.g., 20 MHz), whereas an “intersection” refers to a set of frequency resources or range. It is mathematically unclear how a bandwidth value “equals” a physical intersection of frequency sets. The claim should be clarified to refer to the “width of the overlapping frequency range” or similar.
Regarding Claims 7 and 8, Claims 7 and 8 recite the limitation “wherein the one or more PRSs are measured using the first (second) measuring BW if …” Independent Claim 1 is directed to an apparatus (UE) with a processor “configured to” perform specific actions. However, Claims 7 and 8 recite that “the one or more PRSs are measured …. If…” This switch from “processor configured to [act]” to a recitation of a result or functional state makes it unclear whether the claims are directed to the structural configuration of the apparatus or a method of operation. To maintain the apparatus format, the claims should be amended to “the at least one processor is further configured to measure …” Thus, Claims 7 and 8 are rejected for improper hybrid claiming (“mixed mode” claim).
Regarding Claim 15, Claim 15 is also rejected for improper hybrid claiming (“mixed mode” claim). The claim states that the first measuring BW is greater than or equal to the BW for the one or more PRSs if the UE is moving at a velocity or speed above a velocity threshold. This recitation of “moving at a velocity” describes a method of use or a condition of operation rather than a structural or functional configuration of the apparatus itself.
Claims 4-6 and 9 depend from claim 3, thus carry the same issues as described above, and therefore are rejected on the same grounds discussed above.
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) 1-3, 7-11, 15-17, 20-22, 25, 29, and 30 rejected under 35 U.S.C. 103 as being unpatentable over Priyanto et al. (U.S. Patent Application Publication No. 20230198709, hereinafter “Priyanto”) in view of Ko et al. (U.S. Patent Application Publication No. 20220385423, hereinafter “Ko”).
With respect to independent claims:
Regarding claim 1, An apparatus for wireless communication at a user equipment (UE) (Fig. 1 of Priyanto, communication device 120; para [0011] of Priyanto: a mobile communication device, for example a user equipment like a mobile telephone, in particular a so-called smart phone, a tablet PC or an Internet of Things (IoT) device; Fig. 3 and para [0086] of Priyanto: The communication device 120 comprises an antenna 301, a transceiver 302 and control circuitry 303. ), comprising:
a memory;
a transceiver; and
at least one processor communicatively connected to the memory and the transceiver, the at least one processor configured to:
measure at least one quality metric associated with one or more channels for one or more positioning reference signals (PRSs) (para [0031] of Priyanto: the at least one predefined criterion comprises a measurement quality of DL PRSs received from the wireless communication network at the first communication device. The measurement quality may be correlated to the communication quality of the radio channel in which the DL PRSs are received, i.e. the channel quality. The channel quality may be measured in terms of signal-to-noise ratio (SNR) when the positioning was performed, i.e. the SNR of the DL PRSs received for the positioning process.);
receive, from a base station, the one or more PRSs via the one or more channels (Fig. 7 and para [0137] of Priyanto: In step 701, the communication device may monitor for PRSs, in particular DL PRSs from network nodes, for example BSs, of the wireless communication network. The PRSs may be assigned to a positioning process for positioning of the communication device. Monitoring the PRSs may include for example determining the timing of the PRSs received from different origins, for example from different BSs. In particular, monitoring the PRSs may include determining a time difference of arrival of the PRSs from the different origins. The thus determined measurement results may include the time difference of arrival of the PRSs and the corresponding origins, for example identifiers of the originating BSs.) (para [0138] of Priyanto: The LS (‘Location server’, see para [0003] of Priyanto) may analyse the measurement results and may decide whether an improvement of the positioning of the communication device is required, for example by providing more PRSs, for example from supporting communication devices as described above in connection with FIGS. 4 and 5.) (para [0139] of Priyanto: Additionally or as an alternative, in step 703, the communication device may transmit a request for increasing the positioning accuracy. The communication device may transmit the request upon determining that the measurement quality of the received PRSs does not fulfil predefined criteria of for example an application requiring positioning. Step 703 is optional: e.g., if the LS estimates the UE position, step 703 may not be required.) (para [0140] of Priyanto: In step 704, the communication device may receive a trigger from the wireless communication network to monitor for a PRS associated with the positioning process and transmitted by a supporting communication device. The trigger may comprise an indication of a radio resource dedicated to the PRS transmitted by the supporting communication device.) (para [0141] of Priyanto: Upon receiving the trigger in step 704, in step 705 the communication device may monitor for PRSs as described above in step 701 and additionally the communication device may monitor for PRSs transmitted from the supporting communication device in the indicated radio resources.) ; and
It is noted that while disclosing the channel quality measured in terms of signal-to-noise ratio (SNR), request upon determining that the measurement quality of the received PRSs, and monitoring for PRSs transmitted from the supporting communication device in the indicated radio resources, Priyanto does not specifically teach about the limitation of “measure the one or more PRSs using at least one measuring bandwidth (BW) of a plurality of measuring BWs, the plurality of measuring BWs being based on at least one of the measured at least one quality metric meeting a quality metric threshold, a BW for the one or more PRSs being greater than or outside of a BW for an active bandwidth part (ABWP), or a UE system BW being greater than the BW for the one or more PRSs.”
Ko, in analogous art, teaches the above missing limitation as follows;
measure the one or more PRSs using at least one measuring bandwidth (BW) of a plurality of measuring BWs, the plurality of measuring BWs being based on at least one of the measured at least one quality metric meeting a quality metric threshold, a BW for the one or more PRSs being greater than or outside of a BW for an active bandwidth part (ABWP), or a UE system BW being greater than the BW for the one or more PRSs. (para [0101] of Ko: Referring to FIG. 9 , in V2X or SL communication, the term ‘UE’ may generally imply a UE of a user. However, if a network equipment such as a BS transmits/receives a signal according to a communication scheme between UEs, the BS may also be regarded as a sort of the UE.) (para [0087] of Ko: When using bandwidth adaptation (BA), a reception bandwidth and transmission bandwidth of a UE are not necessarily as large as a bandwidth of a cell, and the reception bandwidth and transmission bandwidth of the BS may be adjusted.) (para [0088] of Ko: A subset of a total cell bandwidth of a cell may be called a bandwidth part (BWP). The BA may be performed when the BS/network configures the BWP to the UE and the BS/network informs the UE of the BWP currently in an active state among the configured BWPs.) (para [0089] of Ko: For example, the BWP may be at least any one of an active BWP(interpreted as “a BW for an active bandwidth part (ABWP)”), an initial BWP, and/or a default BWP. For example, the UE may not monitor downlink radio link quality in a DL BWP other than an active DL BWP on a primary cell (PCell).) (Fig. 7 and paragraphs [0090-0093] of Ko: Meanwhile, the BWP may be defined for SL. The same SL BWP may be used in transmission and reception. … at least one SL BWP may be activated in the carrier. … It is assumed in the embodiment of FIG. 7 that the number of BWPs is 3 (interpreted as “a plurality of measuring BWs”)) (paragraphs [0098-0099] of Ko: A physical sidelink broadcast channel (PSBCH) may be a (broadcast) channel for transmitting default (system) information which must be first known by the UE before SL signal transmission/reception. … information related to a resource pool, … The S-PSS, the S-SSS, and the PSBCH may be included in a block format (e.g., SL synchronization signal (SS)/PSBCH block, hereinafter, sidelink-synchronization signal block (S-SSB)) supporting periodical transmission. … a transmission bandwidth may exist within a (pre-)configured sidelink (SL) BWP. For example, the S-SSB may have a bandwidth of 11 resource blocks (RBs).) (para [0183] of Ko: In step S1930, a transmitting UE (interpreted as “a base station”, see para [0101] of Ko) may transmit an S-PRS to a receiving UE based on the determined S-PRS parameter. In step S1940, a transmitting UE and/or a receiving UE (interpreted as “a UE”) may perform positioning based on the S-PRS.) (para [0196] of Ko: For example, when the level of channel noise and/or interference is below a certain threshold, a relatively wide bandwidth may be selected. For example, if a relatively wide bandwidth is selected, the noise power related to an S-PRS may be relatively high.) (para [0200] of Ko: For example, when the condition is not satisfied or a condition opposite to the condition is satisfied, a relatively narrow bandwidth may be selected.). (Examiner’s note: the relatively wide bandwidth and the relatively narrow bandwidth are interpreted as “a plurality of measuring BWs”, and the ‘relatively wide bandwidth’ is interpreted as “a BW for the one or more PRSs being greater than or outside of a BW for an active bandwidth part (ABWP), or a UE system BW being greater than the BW for the one or more PRSs”).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to incorporate the feature of Ko into Priyanto's method to achieve a more effective approach. Specifically, depending on whether the measurement quality of the radio channel for receiving the DL PRSs is sufficient or insufficient, a bandwidth selectively chosen between the relatively narrow and wide bandwidths to improve positioning accuracy.
Regarding claim 21, it is a method claim corresponding to the apparatus claim 1, and is therefore rejected for the similar reasons set forth in the rejection of claim 1.
Regarding claim 29, it is a apparatus claim corresponding to the apparatus claim 1, and is therefore rejected for the similar reasons set forth in the rejection of claim 1.
Regarding claim 30, it is a computer-readable medium claim corresponding to the apparatus claim 1, and is therefore rejected for the similar reasons set forth in the rejection of claim 1.
With respect to dependent claims:
Regarding claim 2, Priyanto and Ko teach The apparatus of claim 1, Ko teaches wherein the plurality of measuring BWs is based at least in part on the measured at least one quality metric meeting the quality metric threshold and the BW for the one or more PRSs being greater than or outside of the BW for the ABWP (para [0181] of Ko: Referring to FIG. 18 , in step S1810, a transmitting UE may obtain information related to determination of a parameter of an S-PRS. For example, the information related to determination of a parameter may include at least one of the speed of an apparatus, the distance between UEs, the congestion level of a channel, the noise of a channel and/or the interference level, the accuracy requirement related to a positioning, a positioning service priority, and/or the power of a received RS. In step S1820, a transmitting UE may determine a parameter related to an S-PRS based on the information related to determination of a parameter. For example, a parameter related to the S-PRS may include at least one of a center frequency, a bandwidth, SCS, the number of symbols per S-PRS in the time domain, a comb interval in the frequency domain, a transmission period of an S-PRS or an S-PRS set, the transmission number of an S-PRS or an S-PRS set, the distribution of an S-PRS or an S-PRS set, whether muting function is activated, and/or a transmission power. In step S1830, a transmitting UE may transmit an S-PRS to a receiving UE based on a determined S-PRS parameter. In step S1840, a transmitting UE and/or a receiving UE may perform positioning based on an S-PRS. For example, a positioning may include positioning performed based on round trip time (RTT).) (para [0183] of Ko: In step S1930, a transmitting UE may transmit an S-PRS to a receiving UE based on the determined S-PRS parameter. In step S1940, a transmitting UE and/or a receiving UE may perform positioning based on the S-PRS.) (para [0196] of Ko: For example, when the level of channel noise and/or interference is below a certain threshold, a relatively wide bandwidth may be selected. For example, if a relatively wide bandwidth is selected, the noise power related to an S-PRS may be relatively high.) (para [0200] of Ko: For example, when the condition is not satisfied or a condition opposite to the condition is satisfied, a relatively narrow bandwidth may be selected.) (Examiner’s note: the relatively wide bandwidth and the relatively narrow bandwidth are interpreted as “the plurality of measuring BWs”).
Regarding claim 3, Priyanto and Ko teach The apparatus of claim 2, Ko teaches wherein the plurality of measuring BWs includes a first measuring BW and a second measuring BW, the first measuring BW being within the BW for the ABWP or equals to an intersection of the BW for the one or more PRSs and BW for the ABWP, and the second measuring BW is at least partially outside the BW for the ABWP (para [0090] of Ko: For example, the UE may receive a configuration for the SL BWP from the BS/network. The SL BWP may be (pre-)configured in a carrier with respect to an out-of-coverage NR V2X UE and an RRC_IDLE UE. For the UE in the RRC_CONNECTED mode, at least one SL BWP may be activated in the carrier (interpreted as “ABWP”).) (Fig. 7 and para [0091] of Ko FIG. 7 shows an example of a BWP, in accordance with an embodiment of the present disclosure. The embodiment of FIG. 7 may be combined with various embodiments of the present disclosure. It is assumed in the embodiment of FIG. 7 that the number of BWPs is 3.) (para [0196] of Ko: For example, when the level of channel noise and/or interference is below a certain threshold, a relatively wide bandwidth (interpreted as “the second measuring BW is at least partially outside the BW for the ABWP”) may be selected. For example, if a relatively wide bandwidth is selected, the noise power related to an S-PRS may be relatively high.)
(Examiner’s note: In Fig. 7 of KO, BWP0 is within the BWP1 (when the BWP 1 is activated) and BWP2 is at least partially outside the BWP1).
Regarding claim 7, Priyanto and Ko teach The apparatus of claim 3, Ko further teaches wherein the one or more PRSs are measured using the first measuring BW if the UE is moving at a velocity or speed below a velocity threshold, and wherein the one or more PRSs are measured using the second measuring BW if the UE is moving at a velocity or speed above the velocity threshold (para [0193] of Ko: For example, if the movement speed of a transmitting SL entity and/or a receiving SL entity is above a certain threshold, or if positioning must be able to be performed even if above a certain threshold, since a wide SCS can be used, a relatively wide bandwidth can be selected.).
Regarding claim 8, Priyanto and Ko teach The apparatus of claim 3, Ko further teaches wherein the one or more PRSs are measured using the second measuring BW if the BW for the one or more PRSs exceeds the BW for the ABWP by a BW threshold or a percentage threshold (para [0195] of Ko: For example, when the channel congestion level is greater than or equal to a specific threshold (interpreted as “if the BW for the one or more PRSs exceeds the BW for the ABWP by a BW threshold or a percentage threshold”) or when positioning must be performed even when the channel congestion is greater than or equal to a specific threshold, a relatively wide bandwidth supporting positioning in a short time domain may be selected.).
Regarding claim 9, Priyanto and Ko teach The apparatus of claim 8, wherein the at least one processor is further configured to: Ko further teaches
receive, from the base station, a configuration for the BW threshold or the percentage threshold (para [0178] of Ko: For example, any specific threshold mentioned in the description below may be pre-defined, (pre-)defined through a higher layer signaling including RRC and/or PC5 RRC, etc. from another SL entity including a base station, a location server and/or a UE, etc., or signaled by DCI, SCI and/or MAC CE, etc.).
Regarding claim 10, Priyanto and Ko teach The apparatus of claim 1, Ko further teaches wherein the plurality of measuring BWs is based at least in part on the BW for the one or more PRSs being greater than or outside of the BW for the ABWP and the UE system BW being greater than the BW for the one or more PRSs (para [0196] of Ko: For example, when the level of channel noise and/or interference is below a certain threshold, a relatively wide bandwidth may be selected. For example, if a relatively wide bandwidth is selected, the noise power related to an S-PRS may be relatively high.) (para [0200] of Ko: For example, when the condition is not satisfied or a condition opposite to the condition is satisfied, a relatively narrow bandwidth may be selected.). (Examiner’s note: the relatively wide bandwidth and the relatively narrow bandwidth are interpreted as “a plurality of measuring BWs”, and the ‘relatively wide bandwidth’ is interpreted as “BW for the one or more PRSs being greater than or outside of the BW for the ABWP and the UE system BW being greater than the BW for the one or more PRSs”).
Regarding claim 11, Priyanto and Ko teach The apparatus of claim 10, Ko further teaches wherein the plurality of measuring BWs includes a first measuring BW that is greater than the BW for the ABWP and less than or equal to the UE system BW (para [0090] of Ko: For example, the UE may receive a configuration for the SL BWP from the BS/network. The SL BWP may be (pre-)configured in a carrier with respect to an out-of-coverage NR V2X UE and an RRC_IDLE UE. For the UE in the RRC_CONNECTED mode, at least one SL BWP may be activated in the carrier (interpreted as “ABWP”).) (Fig. 7 and para [0091] of Ko: FIG. 7 shows an example of a BWP, in accordance with an embodiment of the present disclosure. The embodiment of FIG. 7 may be combined with various embodiments of the present disclosure. It is assumed in the embodiment of FIG. 7 that the number of BWPs is 3.) (Examiner’s note: In Fig. 7 of KO, BWP2 is greater than BWP1 (when the BWP 1 is activated) and less than the SL BWP (interpreted as “the UE system BW”, the Carrier Bandwidth in Fig. 7).
Regarding claim 15, Priyanto and Ko teach The apparatus of claim 11, Ko further teaches wherein the first measuring BW is greater than or equal to the BW for the one or more PRSs if the UE is moving at a velocity or speed above a velocity threshold (para [0193] of Ko: For example, if the movement speed of a transmitting SL entity and/or a receiving SL entity is above a certain threshold, or if positioning must be able to be performed even if above a certain threshold, since a wide SCS can be used, a relatively wide bandwidth can be selected.).
Regarding claim 16, Priyanto and Ko teach The apparatus of claim 1, Ko further teaches, wherein the at least one processor is further configured to:
transmit, to a location management function (LMF), information associated with the ABWP (para [0101] of Ko: Referring to FIG. 9 , in V2X or SL communication, the term ‘UE’ may generally imply a UE of a user. However, if a network equipment such as a BS transmits/receives a signal according to a communication scheme between UEs, the BS may also be regarded as a sort of the UE.) (para [0120] of Ko: Referring to FIG. 13 , an AMF may receive a request for a location service related to a specific target UE from a different entity such as a gateway mobile location center (GMLC), or may determine to start the location service in the AMF itself instead of the specific target UE. Then, the AMF may transmit a location service request to a location management function (LMF). ….) (para [0130] of Ko: FIG. 15 shows an example of a protocol layer used to support LTE Positioning Protocol (LPP) message transmission between an LMF and a UE according to an embodiment of the present disclosure.) (para [0183] of Ko: Referring to FIG. 19 , in step S1910, a receiving UE (interpreted as “the apparatus” at UE) may transmit information related to determination of a parameter to a transmitting UE (interpreted as “LMF”, see paragraphs [0101, 120, 130] of Ko as recited above). For example, the information related to the determination of a parameter may include at least one of the speed of an apparatus, the distance between UEs, the congestion level of a channel, the level of noise and/or the interference in a channel, the accuracy requirements related to the location, the location service priority, and/or the strength of a received RS. In step S1920, a transmitting UE may determine a parameter related to an S-PRS based on the information related to the determination of a parameter. For example, a parameter related to an S-PRS may include at least one of a center frequency, a bandwidth, SCS, the number of symbols per S-PRS in the time domain, a comb interval in the frequency domain, a transmission period of an S-PRS or an S-PRS set, the number of transmissions of an S-PRS or an S-PRS set, the distribution of an S-PRS or an S-PRS set, whether the muting function is activated, and/or transmit power.) ; and
receive, from the base station, a configuration associated with a BW positioning frequency layer (PFL) based at least in part on the transmitted information (para [0087] of Ko: For example, a network/BS may inform the UE of bandwidth adjustment. For example, the UE receive information/configuration for bandwidth adjustment from the network/BS. In this case, the UE may perform bandwidth adjustment based on the received information/configuration. For example, the bandwidth adjustment may include an increase/decrease of the bandwidth, a position change of the bandwidth, or a change in subcarrier spacing of the bandwidth (interpreted as “a configuration associated with a BW positioning frequency layer (PFL) based at least in part on the transmitted information”.).
Regarding claim 17, Priyanto and Ko teach The apparatus of claim 1, Ko further teaches, wherein the one or more PRSs are associated with multiple BW positioning frequency layers (PFLs) (Fig. 7 and para [0097] of Ko: Referring to FIG. 7 , a common resource block (CRB) may be a carrier resource block numbered from one end of a carrier band to the other end thereof. In addition, the PRB may be a resource block numbered within each BWP. A point A may indicate a common reference point for a resource block grid.) (para [0093] of Ko: The BWP may be configured by a point A, an offset Nstart BWP from the point A, and a bandwidth Nsize BWP. For example, the point A may be an external reference point of a PRB of a carrier in which a subcarrier 0 of all numerologies (e.g., all numerologies supported by a network on that carrier) is aligned. For example, the offset may be a PRB interval between a lowest subcarrier and the point A in a given numerology. For example, the bandwidth may be the number of PRBs (interpreted as “one or more PRSs are associated with multiple BW positioning frequency layers (PFLs)”, see para [0080] of the Specification of Instant Application) in the given numerology.).
Regarding claim 20, Priyanto and Ko teach The apparatus of claim 1, Priyanto further teaches wherein the at least one quality metric includes one or more of signal-to-noise ratio (SNR), signal-to-interference-and-noise ratio (SINR), reference signal received power (RSRP), or line-of-sight (LOS) or non-line-of-sight (NLOS) condition associated with the one or more channels (para [0020] of Priyanto: For example, a Reference Signal Received Power (RSRP) may be considered for determining the channel quality.) (para [0031] of Priyanto: The channel quality may be measured in terms of signal-to-noise ratio (SNR) when the positioning was performed, i.e. the SNR of the DL PRSs received for the positioning process.).
Regarding claim 22, Claim 22, has similar limitation as of Claim(s) 3, therefore it is rejected under the same reasons as Claim(s) 3.
Regarding claim 25, Claim 25, has similar limitation as of Claim(s) 11, therefore it is rejected under the same reasons as Claim(s) 11.
Claim(s) 4-5 and 23-24 rejected under 35 U.S.C. 103 as being unpatentable over Priyanto in view of Ko and further in view of Si et al. (U.S. Patent Application Publication No. 20230239093, hereinafter “Si”).
Regarding claim 4, Priyanto and Ko teach The apparatus of claim 3, wherein the at least one processor is further configured to: Ko teaches
measure a first subset of the one or more PRSs using the first measuring BW (para [0200] of Ko: For example, when the condition is not satisfied or a condition opposite to the condition is satisfied, a relatively narrow bandwidth (interpreted as “the first measuring BW”) may be selected.);
measure a second subset of the one or more PRSs using the second measuring BW (para [0196] of Ko: For example, when the level of channel noise and/or interference is below a certain threshold, a relatively wide bandwidth (interpreted as “the second measuring BW”) may be selected.); and
A combination of Priyanto and Ko fails to teach the limitation of “transmit, to the base station, at least one request for a measurement gap when the second subset of the one or more PRSs is measured.”
In analogous art, Si teaches the missing limitation as following:
transmit, to the base station, at least one request for a measurement gap when the second subset of the one or more PRSs is measured (para 0032) of Si: When the terminal expects to measure a PRS resource outside an active Bandwidth Part (BWP) (interpreted as “when the second subset of the one or more PRSs is measured”) or a PRS resource different from an active BWP baseband parameter (numerology), the terminal may send request signaling to a serving next generation NodeB (gNB) to request configuration of a measurement gap. The serving gNB determines how to configure the measurement gap, and then sends a measurement gap configuration to the UE, and the UE can use the configured measurement gap to measure the PRS.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to incorporate the feature (request for configuration of a measurement gap) of Si into the combination of Priyanto and Ko to process a discontinuous PRS to improve positioning accuracy.
Regarding claim 5, Priyanto, Ko and Si teach The apparatus of claim 4, wherein the at least one processor is further configured to: Si further teaches:
refrain from requesting the measurement gap when the first subset of the one or more PRSs is measured (para 0032) of Si: When the terminal expects to measure a PRS resource outside an active Bandwidth Part (BWP) or a PRS resource different from an active BWP baseband parameter (numerology), the terminal may send request signaling to a serving next generation NodeB (gNB) to request configuration of a measurement gap. The serving gNB determines how to configure the measurement gap, and then sends a measurement gap configuration to the UE, and the UE can use the configured measurement gap to measure the PRS. However, if the serving gNB does not configure the measurement gap, the terminal can only measure the PRS in an active Downlink (DL) BWP.). (Examiner’s note: Si explicitly teaches that the terminal request a measurement gap specifically “When the terminal expects to measure a PRS resource outside an active Bandwidth Part (BWP).” This establishes a clear condition; if the measurement is outside the ABWP, a gap is requested. By teaching that the request is triggered by a PRS measurement outside the ABWP, Si inherently implies that such a request is not necessary (and thus would not be made) when the PRS measurement is inside the ABWP. The act of “refraining” does not produce an unexpected result; it is the default, efficient behavior of the terminal following the logic disclosed in Si to minimize signaling overhead.).
Regarding claim 23, Claim 23, has similar limitation as of Claim(s) 4, therefore it is rejected under the same reasons as Claim(s) 4.
Regarding claim 24, Claim 24, has similar limitation as of Claim(s) 5, therefore it is rejected under the same reasons as Claim(s) 5.
Allowable Subject Matter
Claim 6 appears to contain allowable subject matters underlined below pending on satisfactory of overcoming above 112 rejection and would be allowable if rewritten in independent form including all of the limitations of the respective base claims and any intervening claims.
“wherein the at least one processor is further configured to: transmit, to a location management function (LMF), a measurement gap duration associated with the measurement gap; and receive, from the base station, a configuration for the measurement gap based at least in part on the transmitted measurement gap duration.”
Claim(s) 12-14, 18, 19, 26, 27 objected to as being dependent upon a rejected base claim, but be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12 and 26 contain the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed:
“measure the one or more PRSs using the first measuring BW without retuning to a different BW; and transmit, to the base station, a request for a retune gap for a positioning session.”
Claims 13 and 27 contains the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed:
“measure the one or more PRSs using the first measuring BW and retune to a second measuring BW that is smaller than the first measuring BW between two PRS measurements; and transmit, to the base station, a request for multiple retune gaps for a positioning session.”
Claim 14 contains the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed:
“transmit, to a location management function (LMF), a retune gap duration associated with one or more retune gaps; and receive, from the base station, a configuration for the one or more retune gaps based at least in part on the transmitted retune gap duration.”
Claim 18 contains the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed:
“transmit, to the base station, a request for at least one measurement gap if at least one of the multiple BW PFLs does not overlap with the ABWP by an overlap threshold.”
Claim 19 contains the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed:
“ transmit, to the base station, a request for at least one measurement gap if the multiple BW PFLs in aggregation do not overlap with the ABWP by an overlap threshold.”
Claim 26 contains the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed:
“ transmit, to the base station, a request for at least one measurement gap if the multiple BW PFLs in aggregation do not overlap with the ABWP by an overlap threshold.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Wang et al. (U.S. Patent Application Publication No. 20230254809) discloses receiving, by the terminal, second information; wherein the second information comprises at least one of: configuration information of a fifth positioning reference signal, activation information of a sixth positioning reference signal, request information for a seventh positioning reference signal, or the first indication information of an eighth positioning reference signal.
Ren et al. (U.S. Patent Application Publication No. 20230397184) discloses configuring a target duration of the aperiodic downlink PRS or semi-persistent downlink PRS for the UE; wherein the target duration is a sub-frame, slot or OFDM symbol where the aperiodic downlink PRS or semi-persistent downlink PRS is located, and the target measurement gap is configured by configuring the target duration.
Xiandong Dong (U.S. Patent Application Publication No. 20230413218) discloses sending a message carrying a suggested PRS configuration, wherein the suggested PRS configuration is a PRS configuration suggested by the communication node for terminal positioning.
Baek et al. (U.S. Patent Application Publication No. 20240048326) discloses “when the UE or BS measures ToA based on a PRS and when the RSRP/SNR/received field strength does not meet a predefined level/threshold; and when it is determined that the resolution to decompose/analyze a channel multipath is insufficient due to a small PRS transmission bandwidth. In this case, a plurality of reception times may be measured by the multipath for the request PRS.”
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/WON JUN CHOI/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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