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 .
This office action is in response to remarks filed on 05/15/2026.
Claims 66-85 are pending and presented for examination. Claims 66, 69, 72, 74, 76 and 82 are amended.
Response to Amendments
Claims 66, 69, 72, 74, 76 and 82 have been considered based on amendments.
35 U.S.C. §112 rejection for claims 66, 69, 72, 74, 76, and 82 is withdrawn based on amendments to these claims.
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.
The factual inquiries 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 non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 66-85 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al (US20200021409A1) (hereinafter "Kumar") in view of Huawei et al (R1-2106183) (hereinafter "Huawei").
Regarding claim 66, Kumar discloses user equipment comprising:
at least one processor; and ([0065] UE 202 further includes a processing system 360 that may direct operations of its respective systems. Additionally, a memory component 370 can provide storage for program codes and data used by the processing system 360 and/or the transceiver 300.)
at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the user equipment to ([0065] UE 202 further includes a processing system 360 that may direct operations of its respective systems. Additionally, a memory component 370 can provide storage for program codes and data used by the processing system 360 and/or the transceiver 300.):
receive positioning reference signals in a measurement gap-less mode ([0074] As a first solution, a UE can perform gapless inter-frequency PRS measurements.);
transmit a first request of switching to a measurement gap mode to at least one of: a base station and a location server ([0079] If, however, there is no overlap between a PRS measurement occasion of the cell m, or a sufficient number of PRS measurement occasions to perform a positioning operation, the UE can request a measurement gap on the active carrier frequency identified at 608 or another active carrier frequency in order to measure a PRS measurement occasion of the cell m, as is typically done.).
Kumar fails to disclose user equipment comprising:
receive a first switching request response from the base station; and
receive the positioning reference signals in the measurement gap mode responsive to the first switching request response indicating that the first switching request is approved.
However, Huawei discloses user equipment comprising:
receive a first switching request response from the base station; and (Pg. 54: To E//: The UE gets a location request, and instead of spending the RRC-time to send a MG-request and get a response (20-40 msec), It receives a DCI by the gnB or DL-MACCE (the gNB got an NRPPa message at the same time that the UE got the location request) to schedule a specific MG. 3 msec latency OR it sends a UL-MAC to request one of the pre-configured ones (3 msec), In either scenario, the 20-40 msec of RRC-based request/response is reduced down to a handful mseconds.)
receive the positioning reference signals in the measurement gap mode responsive to the first switching request response indicating that the first switching request is approved (Pg 5: Proposal 2: In order to reduce physical layer latency in grant based DL-positioning measurement, following potential enhancements can be included: Transmission of measurement gap request message including scheduling request and/or BSR. Transmission of measurement gap configuration message accompanied by UL grant.).
Kumar and Huawei are considered to be analogous to the claimed invention because both are in the same endeavor of measuring reference signals to determine user equipment positioning.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar with Huawei to create user equipment comprising: receive a first switching request response from the base station; and receive the positioning reference signals in the measurement gap mode responsive to the first switching request response indicating that the first switching request is approved.
The motivation to combine both references would come from the need to decrease positioning latency.
Regarding claim 83, Kumar discloses a base station comprising:
at least one processor; and ([0065] UE 202 further includes a processing system 360 that may direct operations of its respective systems. Additionally, a memory component 370 can provide storage for program codes and data used by the processing system 360 and/or the transceiver 300.)
at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the base station to ([0065] UE 202 further includes a processing system 360 that may direct operations of its respective systems. Additionally, a memory component 370 can provide storage for program codes and data used by the processing system 360 and/or the transceiver 300.):
receive a first request of switching to a measurement gap mode from user equipment; and ([0079] If, however, there is no overlap between a PRS measurement occasion of the cell m, or a sufficient number of PRS measurement occasions to perform a positioning operation, the UE can request a measurement gap on the active carrier frequency identified at 608 or another active carrier frequency in order to measure a PRS measurement occasion of the cell m, as is typically done.)
Kumar fails to disclose a base station comprising: transmit a first switching request response indicating if the first switching request is approved to the user equipment.
However, Huawei discloses a base station comprising: transmit a first switching request response indicating if the first switching request is approved to the user equipment (Pg. 54: To E//: The UE gets a location request, and instead of spending the RRC-time to send a MG-request and get a response (20-40 msec), It receives a DCI by the gnB or DL-MACCE (the gNB got an NRPPa message at the same time that the UE got the location request) to schedule a specific MG. 3 msec latency OR it sends a UL-MAC to request one of the pre-configured ones (3 msec), In either scenario, the 20-40 msec of RRC-based request/response is reduced down to a handful mseconds.).
Kumar and Huawei are considered to be analogous to the claimed invention because both are in the same endeavor of measuring reference signals to determine user equipment positioning.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar with Huawei to create a base station comprising: transmit a first switching request response indicating if the first switching request is approved to the user equipment.
The motivation to combine both references would come from the need to decrease positioning latency.
Regarding claim 85, Kumar discloses a location server, comprising:
at least one processor; and ([0065] UE 202 further includes a processing system 360 that may direct operations of its respective systems. Additionally, a memory component 370 can provide storage for program codes and data used by the processing system 360 and/or the transceiver 300.)
at least one memory including computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the location server to ([0065] UE 202 further includes a processing system 360 that may direct operations of its respective systems. Additionally, a memory component 370 can provide storage for program codes and data used by the processing system 360 and/or the transceiver 300.):
configure user equipment with a first rule for switching from a measurement gap-less mode to a measurement gap mode and a second rule for switching from the measurement gap mode to the measurement gap-less mode ([0079] At 602, the UE receives assistance data from the location server (e.g., location server 170). The assistance data may include information about the set of N inter-frequency PRS neighbor cells thereby identifying a plurality of inter-frequency neighbor cells. At 604, the UE selects a cell m of the N cells of the set of inter-frequency PRS neighbor cells identified in the assistance data. [0089] On the server side, the location server 170 can use the ABS information from the UE to optimize the assistance data for the UE. For example, for PRS neighbor cells in the assistance data, the location server 170 can select their ordering and their measurement configurations (I.sub.PRS, PRS.sub.OFFSET, N.sub.PRS) to ensure that most of the PRS occasions from the different neighbor cells align with the respective ABS of different cells. Additionally, the UE could request this selectively or explicitly using a new IE element.).
Claims 66-72, 77, 81, and 84 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar in view of Huawei, and further in view of Rao et al (US20240015686A1) (hereinafter "Rao '686").
Regarding claim 67, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the first switching request is transmitted when a first switching rule is triggered.
However, Rao '686 discloses the user equipment, wherein the first switching request is transmitted when a first switching rule is triggered ([0077] A trigger 214 for determining PRS may be initiated by the WTRU 202. The WTRU 202 may send 216 on-demand PRS indication to the network, via gNB 204, to request a PRS configuration based on configured triggering conditions.). Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the first switching request is transmitted when a first switching rule is triggered.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 68, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the first switching rule is triggered when one or more of following conditions are satisfied:
the user equipment drops a first threshold number of positioning reference signal occasions or positioning reference signal resources within a time period in the measurement gap-less mode;
the user equipment drops positioning reference signals in a second threshold number of consecutive positioning reference signal occasions in the measurement gap-less mode;
the user equipment fails to obtain positioning reference signal measurements for a third threshold number of transmission reception points (TRPs) in the measurement gap-less mode;
the user equipment fails to obtain positioning reference signal measurements for a reference transmission reception point or positioning reference signal resource above a fourth threshold level of quality in the measurement gap-less mode;
the user equipment fails to obtain positioning reference signal measurements for a positioning reference signal resource indicated by the location server above a fifth threshold level of quality in the measurement gap-less mode; and
the user equipment fails to obtain downlink data channel scheduling for a time window in the measurement gap-less mode.
However, Kumar, as modified by Huawei, discloses the user equipment, wherein the first switching rule is triggered when one or more of following conditions are satisfied:
the user equipment drops a first threshold number of positioning reference signal occasions or positioning reference signal resources within a time period in the measurement gap-less mode ([0098] As an example, the WTRU may send the on-demand request for updating the PRS configuration upon determining the measurements made using the initial PRS configuration are below/above certain configured threshold.);
the user equipment drops positioning reference signals in a second threshold number of consecutive positioning reference signal occasions in the measurement gap-less mode (The examiner does not select this because of the "one or more" statement.);
the user equipment fails to obtain positioning reference signal measurements for a third threshold number of transmission reception points (TRPs) in the measurement gap-less mode (The examiner does not select this because of the "one or more" statement.);
the user equipment fails to obtain positioning reference signal measurements for a reference transmission reception point or positioning reference signal resource above a fourth threshold level of quality in the measurement gap-less mode (The examiner does not select this because of the "one or more" statement.);
the user equipment fails to obtain positioning reference signal measurements for a positioning reference signal resource indicated by the location server above a fifth threshold level of quality in the measurement gap-less mode; and (The examiner does not select this because of the "one or more" statement.)
the user equipment fails to obtain downlink data channel scheduling for a time window in the measurement gap-less mode (The examiner does not select this because of the "one or more" statement.).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the first switching rule is triggered when one or more of following conditions are satisfied: the user equipment drops a first threshold number of positioning reference signal occasions or positioning reference signal resources within a time period in the measurement gap-less mode; the user equipment drops positioning reference signals in a second threshold number of consecutive positioning reference signal occasions in the measurement gap-less mode; the user equipment fails to obtain positioning reference signal measurements for a third threshold number of transmission reception points (TRPs) in the measurement gap-less mode; the user equipment fails to obtain positioning reference signal measurements for a reference transmission reception point or positioning reference signal resource above a fourth threshold level of quality in the measurement gap-less mode; the user equipment fails to obtain positioning reference signal measurements for a positioning reference signal resource indicated by the location server above a fifth threshold level of quality in the measurement gap-less mode; and the user equipment fails to obtain downlink data channel scheduling for a time window in the measurement gap-less mode.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 69, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: transmit a positioning reference signal priority request to at least one of: the base station and the location server before transmitting the first switching request.
However, Rao '686 discloses the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: transmit a positioning reference signal priority request to at least one of: the base station and the location server before transmitting the first switching request ([0099] In other embodiments, the WTRU may include information regarding an urgency level of an on-demand request. The WTRU may include information related to the urgency level when sending the on-demand request for PRS. … The timing information or priority may be included either in the on-demand request or in another message sent before/after the on-demand request and may contain the ID associated with the on-demand request.).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: transmit a positioning reference signal priority request to at least one of: the base station and the location server before transmitting the first switching request.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 70, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the positioning reference signal priority request specifies positioning reference signal resources with priority.
However, Rao '686 discloses the user equipment, wherein the positioning reference signal priority request specifies positioning reference signal resources with priority ([0099] The information on urgency level may be related to one or more of the following: delivery of the on-demand request (i.e. to LMF or gNB), the delivery of updated PRS configuration to the WTRU, the transmission of a PRS for measurement at WTRU. In one example, the urgency level may be indicated by WTRU in the form of timing information (e.g. time slot, number of slots from a start time slot).).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the positioning reference signal priority request specifies positioning reference signal resources with priority.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 71, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the first switching request response comprises a measurement gap configuration for the user equipment.
However, Rao '686 discloses the user equipment, wherein the first switching request response comprises a measurement gap configuration for the user equipment ([0124] In another embodiment, an acknowledgement from the network for the request from the WTRU is provided. The WTRU may receive an explicit acknowledgement or confirmation message from the network (e.g., from or via an LMF or gNB), possibly in response to a request sent by the WTRU. … In one example, the WTRU may receive PRS resource configuration with updated parameters from the network (e.g., LMF or gNB).).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the first switching request response comprises a measurement gap configuration for the user equipment.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 72, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the measurement gap configuration is received via at least one of: a Radio Resource Control (RRC) signaling, a Medium Access Control Control Element (MAC CE), and Downlink Control Information (DCI).
However, Rao '686 discloses the user equipment, wherein the measurement gap configuration is received via at least one of: a Radio Resource Control (RRC) signaling, a Medium Access Control Control Element (MAC CE), and Downlink Control Information (DCI) ([0124] The WTRU may receive the acknowledgement/confirmation in at least one of the following messages: an LPP configuration via LPP Provide Assistance Data where the LMF may indicate the PRS resources configured for the request the WTRU made; Uu signaling such as a WTRU-specific configuration message in DCI, MAC-CE or RRC where the gNB may indicate the PRS resources configured for the request the WTRU made; one or more of the signals or configurations that are either WTRU-specific, broadcast or multi-cast.).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the measurement gap configuration is received via at least one of: a Radio Resource Control (RRC) signaling, a Medium Access Control Control Element (MAC CE), and Downlink Control Information (DCI).
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 77, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the second switching request is transmitted when a second switching rule is triggered.
However, Rao '686 discloses the user equipment, wherein the second switching request is transmitted when a second switching rule is triggered ([0077] A trigger 214 for determining PRS may be initiated by the WTRU 202. The WTRU 202 may send 216 on-demand PRS indication to the network, via gNB 204, to request a PRS configuration based on configured triggering conditions.).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the second switching request is transmitted when a second switching rule is triggered.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 81, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: transmit a switching rule request to the location server before receiving the switching rule configuration.
However, Rao '686 discloses the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: transmit a switching rule request to the location server before receiving the switching rule configuration ([0077] The WTRU 202 may send 216 on-demand PRS indication to the network, via gNB 204, to request a PRS configuration based on configured triggering conditions.).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: transmit a switching rule request to the location server before receiving the switching rule configuration.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Regarding claim 84, Kumar, as modified by Huawei, fails to disclose the base station, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the base station to: receive a positioning reference signal priority request from the user equipment, the positioning reference signal priority request indicating positioning reference signal resources with priority.
However, Rao '686 discloses the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the base station to: receive a positioning reference signal priority request from the user equipment, the positioning reference signal priority request indicating positioning reference signal resources with priority ([0099] In other embodiments, the WTRU may include information regarding an urgency level of an on-demand request. The WTRU may include information related to the urgency level when sending the on-demand request for PRS. … The timing information or priority may be included either in the on-demand request or in another message sent before/after the on-demand request and may contain the ID associated with the on-demand request.).
Kumar, as modified by Huawei, and Rao '686 are considered to be analogous to the claimed invention because both are in the same endeavor of configuring measurement reporting and reference signals.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '686 to create the base station, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the base station to: receive a positioning reference signal priority request from the user equipment, the positioning reference signal priority request indicating positioning reference signal resources with priority.
The motivation to combine both references would come from the need to switch between different muting patterns to avoid overlap or collision between positioning reference signals and other downlink or uplink transmissions.
Claims 73-76, 78-80, and 82 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar in view of Huawei, and further in view of Rao et al (US20230283424A1) (hereinafter "Rao '424").
Regarding claim 73, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the first switching request response indicates a measurement gap to be activated at the user equipment, the measurement gap to be activated is selected from one or more measurement gaps pre-configured for the user equipment.
However, Rao '424 discloses the user equipment, wherein the first switching request response indicates a measurement gap to be activated at the user equipment, the measurement gap to be activated is selected from one or more measurement gaps pre-configured for the user equipment ([0156] A WTRU may be configured (e.g., by a RAN) with one or more measurement gap configurations associated with positioning reference signals (e.g., PRS's) and the WTRU may select a measurement gap configuration based on the priorities associated with the positioning reference signals. … In examples, in response to receiving a PRS configuration and/or a location request from the network, the WTRU may determine and/or select a measurement gap configuration.).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the first switching request response indicates a measurement gap to be activated at the user equipment, the measurement gap to be activated is selected from one or more measurement gaps pre-configured for the user equipment.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Regarding claim 74, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the first switching request indicates a measurement gap for the user equipment.
However, Rao '424 discloses the user equipment, wherein the first switching request indicates a measurement gap for the user equipment ([0156] A WTRU may be configured (e.g., by a RAN) with one or more measurement gap configurations associated with positioning reference signals (e.g., PRS's) and the WTRU may select a measurement gap configuration based on the priorities associated with the positioning reference signals.).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the first switching request indicates a measurement gap for the user equipment.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Regarding claim 75, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to:
transmit a second request of switching to the measurement gap-less mode to the base station;
receive a second switching request response from the base station; and
receive the positioning reference signals in the measurement gap-less mode responsive to the second switching request response indicating that the second switching request is approved.
However, Rao '424 discloses the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to:
transmit a second request of switching to the measurement gap-less mode to the base station ([0005] In embodiments, the WTRU may be configured to operate in accordance with the second PRS muting pattern after receiving the earliest unmuted PRS transmission using the second time resource, or the WTRU may be configured to switch back to operating in according with the first muting pattern after receiving the earliest unmuted PRS transmission using the second time resource. [0116] The WTRU may (e.g., subsequently) send a request to the network (e.g., to a base station or gNB) to activate an SRSp that corresponds to the priority. [0130] The WTRU may change a present muting pattern to a default pattern (e.g., no muting) if the reception quality of the PRS is above the preconfigured threshold (e.g., the RSRP is above a preconfigured threshold));
receive a second switching request response from the base station; and ([0156] The WTRU may receive from the RAN, (e.g., in a DL MAC CE or DCI (PDCCH)), an indication to activate a measurement gap configuration. The activation message received by the WTRU may include the identifier of a measurement gap configuration and/or parameter(s) associated with a measurement gap, which the WTRU may apply during PRS reception and measurement.)
receive the positioning reference signals in the measurement gap-less mode responsive to the second switching request response indicating that the second switching request is approved ([0139] During an unmuted transmission time period or interval, the WTRU may expect to receive scheduled resources (e.g., PRS symbols) from the network (e.g., a TRP or gNB) for the reference signal.).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: transmit a second request of switching to the measurement gap-less mode to the base station; receive a second switching request response from the base station; and receive the positioning reference signals in the measurement gap-less mode responsive to the second switching request response indicating that the second switching request is approved.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Regarding claim 76, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the first switching request and the second switching request are transmitted via at least one of: Uplink Control Information (UCI), a Medium Access Control Control Element (MAC CE), a Long term evolution Positioning Protocol (LPP) signaling, and a New Radio Positioning Protocol A (NRPPa) signaling.
However , Rao '424 discloses the user equipment, wherein the first switching request and the second switching request are transmitted via at least one of: Uplink Control Information (UCI), a Medium Access Control Control Element (MAC CE), a Long term evolution Positioning Protocol (LPP) signaling, and a New Radio Positioning Protocol A (NRPPa) signaling ([0137] The reconfiguration may be related to, for example, a duration of the measurement gap, a periodicity of the measurement gap, a repetition period associated with the measurement gap, etc. The WTRU may send such a reconfiguration or removal request to the network via LPP or RRC signaling, through an MAC-CE or UCI, etc. The WTRU may request the network to restore (e.g., reactivate) a measurement gap that was configured for the WTRU before the WTRU sent the reconfiguration or removal request, or the WTRU may request the network to provide the WTRU with a default measurement gap, for example, once the WTRU expects to receive a PRS transmission (e.g., when the waiting period for the next earliest PRS transmission falls below the preconfigured threshold).).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the first switching request and the second switching request are transmitted via at least one of: Uplink Control Information (UCI), a Medium Access Control Control Element (MAC CE), a Long term evolution Positioning Protocol (LPP) signaling, and a New Radio Positioning Protocol A (NRPPa) signaling.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Regarding claim 78, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the second switching rule is triggered when one or more of following conditions are satisfied:
the user equipment receives a sixth threshold number of consecutive positioning reference signal occasions or positioning reference signal resources in the measurement gap mode;
the user equipment receives the positioning reference signals in the measurement gap mode for a seventh threshold time period; and
the user equipment receives an eighth threshold number of positioning reference signal resources in a time period in the measurement gap mode.
However, Rao '424 discloses the user equipment, wherein the second switching rule is triggered when one or more of following conditions are satisfied:
the user equipment receives a sixth threshold number of consecutive positioning reference signal occasions or positioning reference signal resources in the measurement gap mode (The examiner does not select this because of the "one or more" statement.);
the user equipment receives the positioning reference signals in the measurement gap mode for a seventh threshold time period; and ([0118] The priority of a positioning reference signal may be determined based on (e.g., as a function of) the priority and/or QoS associated with a DRB. For example, a WTRU may determine that a PRS has a first priority if there is at least one radio bearer configured with a priority equal to or above a certain value or threshold, and that the PRS has a second priority if such a radio bearer does not exist. When making this determination, the WTRU may consider (e.g., only) radio bearers (e.g., DRBs) that have been active in transmission within a certain time period. The time period and/or the threshold may be aspects of the WTRU's configuration.)
the user equipment receives an eighth threshold number of positioning reference signal resources in a time period in the measurement gap mode (The examiner does not select this because of the "one or more" statement.).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the second switching rule is triggered when one or more of following conditions are satisfied: the user equipment receives a sixth threshold number of consecutive positioning reference signal occasions or positioning reference signal resources in the measurement gap mode; the user equipment receives the positioning reference signals in the measurement gap mode for a seventh threshold time period; and the user equipment receives an eighth threshold number of positioning reference signal resources in a time period in the measurement gap mode.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Regarding claim 79, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: receive a switching rule configuration from the location server.
However, Rao '424 discloses the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: receive a switching rule configuration from the location server ([0105] The WTRU may receive a priority indication for a measurement reports as part of a grant configuration (e.g., part of a configured grant or dynamic grant), for example, via an RRC message, a MAC-CE, or DCI from a network entity (e.g., an LMF, a gNB, a RAN, a TRP, etc.).).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the user equipment to: receive a switching rule configuration from the location server.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Regarding claim 80, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the switching rule configuration comprises a first rule for switching from the measurement gap-less mode to the measurement gap mode and a second rule for switching from the measurement gap mode to the measurement gap-less mode.
However, Rao '424 discloses the user equipment, wherein the switching rule configuration comprises a first rule for switching from the measurement gap-less mode to the measurement gap mode and a second rule for switching from the measurement gap mode to the measurement gap-less mode ([0130] The WTRU may change a present muting pattern to a default pattern (e.g., no muting) if the reception quality of the PRS is above the preconfigured threshold (e.g., the RSRP is above a preconfigured threshold). [0141] In examples (e.g., after a WTRU switches to a second muting pattern from a first muting pattern and/or receives a PRS indicated by the second muting pattern), a WTRU may be configured to perform at least one of the following: the WTRU may switch back to the first muting pattern to receive reference signals (e.g., PRS's) indicated by the first muting pattern; the WTRU may switch back to a default muting pattern to receive reference signals (e.g., PRS's) indicated by the default muting pattern, for example, if such a default muting pattern is configured by the network (e.g., by an LMF or gNB); the WTRU may prepare to receive reference signals (e.g., PRS's) assuming a muting pattern is not applied to the reference signals.).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the switching rule configuration comprises a first rule for switching from the measurement gap-less mode to the measurement gap mode and a second rule for switching from the measurement gap mode to the measurement gap-less mode.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Regarding claim 82, Kumar, as modified by Huawei, fails to disclose the user equipment, wherein the switching rule request comprises a switching rule suitable for the user equipment or information for determining the switching rule for the user equipment.
Rao '424 discloses the user equipment, wherein the switching rule request comprises a switching rule suitable for the user equipment or information for determining the switching rule for the user equipment ([0140] In examples, a WTRU may be configured with multiple muting patterns and may receive an indication from the network (e.g., a gNB, LMF, etc.) to use a first muting pattern (e.g., muting pattern 1 shown in FIG. 5). The WTRU may switch to a second muting pattern (e.g., muting pattern 3 shown in FIG. 5), for example, in response to determining that the second muting pattern is associated with an earliest subsequent unmuted reference signal (e.g., PRS) transmission. The WTRU may perform the switching, for example, if the WTRU determines that one or more reference signal (e.g., PRS) symbols (e.g., time resources) indicated by the first muting pattern are to be canceled (e.g., due to collision with other transmission/reception symbols or time resources). In examples, the WTRU may determine that one or more PRS time resources (e.g., symbols) indicated by a first muting pattern are to be canceled due to an overlap (e.g., in time) between the PRS time resources and other DL transmission (e.g., PDCCH, PDSCH, etc.) time resources.).
Kumar, as modified by Huawei, and Rao '424 are considered to be analogous to the claimed invention because both are in the same endeavor of performing inter-frequency positioning signal measurements in carrier aggregation mode.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Kumar, as modified by Huawei, with Rao '424 to create the user equipment, wherein the switching rule request comprises a switching rule suitable for the user equipment or information for determining the switching rule for the user equipment.
The motivation to combine both references would come from the need to minimize interference and increase spectral efficiency.
Response to Arguments
Applicant's arguments filed 05/15/2026 have been fully considered but they are not persuasive.
On pages 7-8 of Applicant's remarks, Applicant submits that "… Kumar's measurement gap request is a conventional per-occasion fallback-the UE requests a measurement gap for a specific PRS measurement occasion when the ABS-based gapless approach fails for a particular cell. Kumar does not disclose a UE that is operating in a "measurement gap-less mode" as a persistent operational state for PRS reception and then transmits a request to "switch" to a "measurement gap mode" as a different persistent operational state. Kumar's UE does not teach switching between two distinct modes; Kumar simply teaches falling back to a conventional measurement gap request when its gapless technique cannot be applied to a particular occasion."
Examiner respectfully disagrees, noting that the claim does not recite "persistent operational state." The claim is interpreted to merely require a UE, performing PRS measurements with no gaps, to request a switch to performing PRS measurements with gaps. Kumar discloses [0074] a UE performing gapless PRS measurements, and [0079] a UE requesting a measurement gap. Therefore, Kumar discloses the broadest reasonable interpretation of "receive positioning reference signals in a measurement gap-less mode; transmit a first request of switching to a measurement gap mode to at least one of: a base station and a location server."
On page 8 of Applicant's remarks, Applicant submits that "LGE's Proposal 2 is still deficient for the following reasons: a. No "approval" indication. LGE's proposal discusses transmitting a measurement gap configuration message, but this is simply the network configuring a measurement gap - not a response that "indicates that the first switching request is approved." A configuration message is not the same as an approval/denial response to a switching request."
Examiner respectfully disagrees, noting that the claim does not require an explicit indication. The claim only requires a UE to receive a response from a base station, and a UE to receive PRS with measurement gap, which would indicate that a switching request is approved.
On page 8 of Applicant's remarks, Applicant further argues, "b. No "receive PRS in the measurement gap mode responsive to the approval." LGE's proposal does not discuss the UE subsequently receiving PRS in the measurement gap mode responsive to the approval. It merely discusses the mechanics of MG configuration delivery."
Examiner respectfully disagrees. In a cursory review of R1-2106183, the subject matter is disclosed. Qualcomm (Pg. 54) discloses the aspect of a UE sending a measurement gap request and receiving a response. ZTE (Pg. 57) discusses the concept of an indication for determination of measurement gap sent to a UE. Qualcomm (Pg. 34) discloses PRS reception associated with a measurement gap.
Qualcomm (Pg. 54): "The UE … spending the RRC-time to send a MG-request and get a response (20-40 msec), … (the gNB got an NRPPa message at the same time that the UE got the location request) to schedule a specific MG."
LGE (Pg. 5): "Transmission of measurement gap configuration message accompanied by UL grant"
ZTE (Pg. 57): "Request/determination of MG(s) by LMF indication to the gNB/UE. FL comment: I am not sure whether it should be a valid case for LMF to "determine" the MG(s), and whether it should be OK if the indication of determination can be provided to the UE directly."
Qualcomm (Pg. 34): Furthermore, doing processing within a MG, allows the PRS to be defined anywhere in the band, not really restricted in the CC-boundaries. If we have BWP only processing, we would be restricted within the CC-boundaries. This is an argument of keeping MG-based PRS.
On page 9 of Applicant's remarks, Applicant argues, "c. Context is different. Feature (d) of claim 1 requires that the UE receives PRS in the measurement gap mode responsive to the response indicating that the switching request is (explicitly) approved, not merely receiving a configuration. LGE's proposal is about reducing latency of the existing MG request/configuration process - not about switching from a gap-less mode to a gap mode. The UE in LGE's scenario is not already receiving PRS in a gap-less mode and then deciding to switch, let alone disclosure of an explicit approval of a switching request."
Examiner respectfully disagrees, noting that the claim does not recite any explicit approval indication. Examiner submits that the reception of a configuration may serve as an indication of approval of a request. While the subject matter of R1-2106183 pertains to latency improvements for measurement gap requests, as previously noted, R1-2106183 also discusses the idea of a UE requesting a measurement gap, receiving a response from a base station, and receiving PRS which indicate an approval to the request. The claim element requiring a UE to have already been receiving PRS in a gap-less mode is disclosed in Kumar.
Therefore, Kumar, with R1-2106183, discloses the broadest reasonable interpretation of "receive positioning reference signals in a measurement gap-less mode; transmit a first request of switching to a measurement gap mode to at least one of: a base station and a location server; receive a first switching request response from the base station; and receive the positioning reference signals in the measurement gap mode responsive to the first switching request response indicating that the first switching request is approved." Based on remarks above, Examiner maintains rejection of claims 66, 83, and 85, and associated dependent claims based on 35 USC 103.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/D LITTLE/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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