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 .
Art Unit- Location
The Art Unit location of your application in the USPTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Art Unit 2642.
Response to Amendment
This Action is in response to Applicant’s Remarks/amendment filed on 01/05/2026. Claims 1-30 are still pending in the present application. This Action is made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/12/2024 is in compliance with the provision of 37 CFR 1.97, has been considered by the Examiner, and made of record in the application file.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 7-13, 17-18 and 23-28 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee Patent Application No. :( US 2022/0046495 A1) hereinafter referred as Lee.
For claim 1, Lee teaches a method of supporting wireless local area network (WLAN) positioning of a target user equipment (UE) by a server of a cellular network, the method comprising:
receiving, at the server from the target UE, a message indicative of:
a capability of the target UE for WLAN positioning (S1015 fig. 10) (paragraph [0096], lines 1-7) and (paragraph [0106], lines 1-5), and
an absence of a sidelink interface of the target UE with another UE (paragraph [0106], lines 8-13);
sending instructions from the server to one or more prospective assistance UEs to initiate WLAN functionality to enable the target UE to associate with the one or more prospective assistance UEs (paragraph [0086], lines 1-12);
receiving, at the server from the one or more prospective assistance UEs, WLAN identification information of the one or more prospective assistance UEs (paragraph [0193], lines 1-6) and (paragraph [0194], lines 1-10); and
sending the WLAN identification information of the one or more prospective assistance UEs from the server to the target UE (paragraph [0299], lines 1-13).
For claim 2, Lee teaches the method, wherein the server comprises a Location Management Function (LMF) and the message is received via LTE Positioning Protocol (LPP) or Non-Access Stratum (NAS) signaling (paragraph [0123], lines 7-17).
For claim 7, Lee teaches the method, further comprising: receiving, at the server, WLAN positioning results from the target UE and at least a subset of the one or more prospective assistance UEs (paragraph [0299], lines 4-13); determining, at the server, a location estimate of the target UE based on the WLAN positioning results; and sending the location estimate of the target UE from the server to the target UE (paragraph [0096], lines 1-17).
For claim 8, Lee teaches the method, wherein the instructions to initiate WLAN functionality comprise instructions to: operate as a WLAN access point (AP), enable Wi-Fi direct mode, act as a peer-to-peer (P2P) group owner (GO) or a P2P client, or any combination thereof (paragraphs [0106], lines 5-17 and [0299], lines 4-13).
For claim 9, Lee teaches the method, 9. The method of claim 1, further comprising, prior to receiving the WLAN identification information of the one or more prospective assistance UEs, sending a request from the server to the one or more prospective assistance UEs for the WLAN identification information (S1007 fig. 10)(paragraph [0169], lines 1-7).
For claim 10, Lee teaches the method, wherein the WLAN identification information comprises: a MAC address, a service set identifier (SSID), or both (paragraph [0299], lines 4-13).
For claim 11, Lee teaches a method of supporting wireless local area network (WLAN) positioning of a target user equipment (UE) of a cellular network, the method comprising:
sending, from the target UE to a server, a message indicative of:
a capability of the target UE for WLAN positioning (S1015 fig. 10) (paragraph [0096], lines 1-7) and (paragraph [0106], lines 1-5), and
an absence of a sidelink interface of the target UE with another UE (paragraph [0106], lines 8-13);
receiving, at the target UE from a server, WLAN identification information regarding one or more prospective assistance UEs; (paragraph [0086], lines 1-12);
establishing a WLAN association of between the target UE and at least a subset of the one or more prospective assistance UEs based at least in part on the WLAN identification information (paragraph [0193], lines 1-6) and (paragraph [0194], lines 1-10); and
performing, with the target UE, WLAN positioning with the at least a subset of the one or more prospective assistance UEs (paragraph [0299], lines 1-13).
For claim 12, Lee teaches the method, further comprising: obtaining, at the target UE, a WLAN positioning result from the WLAN positioning; sending, from the target UE to the server, the WLAN positioning result to a server; and receiving, at the target UE from the server, a location estimate of the target UE (paragraph [0096], lines 1-17).
For claim 13, Lee teaches the method, further comprising: receiving, at the target UE, a WLAN positioning result from the at least a subset of the one or more prospective assistance UEs; and determining, at the target UE, a location estimate of the target UE based on the WLAN positioning result (paragraph [0100]-[0101], lines 1-6).
For claim 17, Lee teaches a server for supporting wireless local area network (WLAN) positioning of a target user equipment (UE) by a server of a cellular network, the server comprising:
a transceiver (see fig. 4);
one or more memories (see fig. 4); and
one or more processors communicatively coupled with the transceiver and the one or more memories, wherein the one or more processors are configured to:
receive, via the transceiver from the target UE, a message indicative of:
a capability of the target UE for WLAN positioning (S1015 fig. 10) (paragraph [0096], lines 1-7) and (paragraph [0106], lines 1-5), and an absence of a sidelink interface of the target UE with another UE (paragraph [0106], lines 8-13); send
instructions via the transceiver to one or more prospective assistance UEs to initiate WLAN functionality to enable the target UE to associate with the one or more prospective assistance UEs (paragraph [0086], lines 1-12);
receive, via the transceiver from the one or more prospective assistance UEs, WLAN identification information of the one or more prospective assistance UEs (paragraph [0193], lines 1-6) and (paragraph [0194], lines 1-10); and send the WLAN identification information of the one or more prospective assistance UEs via the transceiver to the target UE (paragraph [0299], lines 1-13).
For claim 18, Lee teaches the server, wherein the server comprises a Location Management Function (LMF) and wherein the one or more processors are configured to receive the message via LTE Positioning Protocol (LPP) or Non-Access Stratum (NAS) signaling (paragraph [0123], lines 7-17).
For claim 23, Lee teaches the server, wherein the one or more processors are further configured to: receive, via the transceiver, WLAN positioning results from the target UE and at least a subset of the one or more prospective assistance UEs (paragraph [0299], lines 4-13); determine a location estimate of the target UE based on the WLAN positioning results; and send the location estimate of the target UE via the transceiver to the target UE (paragraph [0096], lines 1-17).
For claim 24, Lee teaches the server, wherein the one or more processors are configured to include, in the instructions to initiate WLAN functionality, instructions to: operate as a WLAN access point (AP), enable Wi-Fi direct mode, act as a peer-to-peer (P2P) group owner (GO) or a P2P client, or any combination thereof (paragraphs [0106], lines 5-17 and [0299], lines 4-13).
For claim 25, Lee teaches the server, wherein the one or more processors are further configured to, prior to receiving the WLAN identification information of the one or more prospective assistance UEs, send a request from the server to the one or more prospective assistance UEs for the WLAN identification information (S1007 fig. 10)(paragraph [0169], lines 1-7).
For claim 26, Lee teaches a target UE for supporting wireless local area network (WLAN) positioning of a target user equipment (UE) of a cellular network, the target UE comprising:
a transceiver (see fig. 4);
one or more memories (see fig. 4) ; and
one or more processors communicatively coupled with the transceiver and the one or more memories, wherein the one or more processors are configured to:
send, via the transceiver to a server, a message indicative of:
a capability of the target UE for WLAN positioning (S1015 fig. 10) (paragraph [0096], lines 1-7) and (paragraph [0106], lines 1-5), and
an absence of a sidelink interface of the target UE with another UE (paragraph [0106], lines 8-13);
receive, via the transceiver from a server, WLAN identification information regarding one or more prospective assistance UEs (paragraph [0086], lines 1-12);
establish a WLAN association of between the target UE and at least a subset of the one or more prospective assistance UEs based at least in part on the WLAN identification information (paragraph [0193], lines 1-6) and (paragraph [0194], lines 1-10); and
perform WLAN positioning with the at least a subset of the one or more prospective assistance UEs (paragraph [0299], lines 1-13).
For claim 27, Lee teaches the server, wherein the one or more processors are further configured to: obtain, at the target UE, a WLAN positioning result from the WLAN positioning; send, from the target UE to the server, the WLAN positioning result to a server; and receive, at the target UE from the server, a location estimate of the target UE (paragraph [0096], lines 1-17).
For claim 28, Lee teaches the server, wherein the one or more processors are further configured to: receive, via the transceiver, a WLAN positioning result from the at least a subset of the one or more prospective assistance UEs; and determine a location estimate of the target UE based on the WLAN positioning result (paragraph [0100]-[0101], lines 1-6).
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:
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 nonobviousness.
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 6 and 22 are rejected under 35 U.S.C. 103 as being un-patentable over Lee Patent Application No. :( US 2022/0046495 A1) hereinafter referred as Lee, in view of Shu et al US Patent Application No.:( US 2020/0137812 A1) hereinafter referred as Shu.
For claims 6 and 22, Lee disclose all the subject matter of the claimed invention with the exemption of the determining the one or more prospective assistance UEs based on assistance data from the target UE, location information of the target UE and the one or more prospective assistance UEs, or both as recited in claims 6 and 22.
Shu from the same or analogous art teaches the determining the one or more prospective assistance UEs based on assistance data from the target UE, location information of the target UE and the one or more prospective assistance UEs, or both (paragraph [0011], lines 1-10). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the determining the one or more prospective assistance UEs based on assistance data from the target UE, location information of the target UE and the one or more prospective assistance UEs, or both as taught by Shu into the continuity ensuring method, control plane gateway, and mobility management network element of Lee.
The determining the one or more prospective assistance UEs based on assistance data from the target UE, location information of the target UE and the one or more prospective assistance UEs, or both can be modify/implemented by combining the determining the one or more prospective assistance UEs based on assistance data from the target UE, location information of the target UE and the one or more prospective assistance UEs, or both with the device. This process is implemented as a hardware solution or as firmware solutions of Shu into the continuity ensuring method, control plane gateway, and mobility management network element of Lee. As disclosed in Shu, the motivation for the combination would be to use the location information of the target UE to enhanced asset tracking, improved security, personalized customer engagement, and optimized business operations through the communication becoming more efficient and reliable.
Allowable Subject Matter
Claims 3-5, 14-16, 19-21 and 29-30 are objected as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Response to Arguments
Applicant's arguments filed on 12/17/2007, with respect to claims 1, 11, 17 and 26 have been fully considered but they are not persuasive.
Applicant treat the WLAN as the 802.11/Wi-Fi as described in paragraph [0023].
Applicant asserts that Lee does not teach in claims 1, 11, 17 and 26, "receiving, at the server from the target UE, a message indicative of: a capability of the target UE for WLAN positioning). However, the Examiner respectfully disagrees with such assertion. (See below for further clarification).
In response to the preceding argument examiner respectfully submits that Lee et al teaches "receiving, at the server from the target UE, a message indicative of: a capability of the target UE for WLAN positioning). Lee teaches the variety of wireless multiple access systems. Examples of the multiple access systems include a code division multiple access (CDMA) system, a frequency division multiple access (FDMA) system, a time division multiple access (TDMA) system, an orthogonal frequency division multiple access (OFDMA) system, a single carrier frequency division multiple access (SC-FD MA) system, and a multicarrier frequency division multiple access (MCFDMA) system. CDMA may be embodied through radio technology such as universal terrestrial radio access (UTRA) or CDMA2000. TDMA may be embodied through radio technology such as global system for mobile communications (GSM), general packet radio service (GPRS), or enhanced data rates for GSM evolution (EDGE). OFDMA may be embodied through radio technology such as institute of electrical and electronics engineers (IEEE) 802.11 (Wi-Fi), IEEE 802.16 (WiMAX), IEEE 802.20, or evolved UTRA (E-UTRA). The AI is treated as device/server. The wireless devices 100a to 100/ may be connected to the network 300 via the BSs 200. An AI technology may be applied to the wireless devices 100a to 100/and the wireless devices 100a to 100/ may be connected to the AI server 400 via the network 300. Although the wireless devices 100a to 100/ may communicate with each other through the BSs 200/network 300. The Wireless communications/connections 150a and 150b may be established between the wireless devices 100a to l00jlBS 200-BS 200. Herein, the wireless communication/ connections may be established through various RATs( e.g., 5G NR) such as uplink/downlink communication 150a and sidelink communication 150b (or D2D communication). The wireless devices and the BSs/the wireless devices may communication part 1710 can transmit and/or receive data to and/or from external devices such as the AI devices and the AI server using wire and/or wireless communication technology. For example, the communication part 1710 can transmit and/or receive sensor information, a user input, a learning model, and a control signal with external devices. The communication technology used by the communication part 1710 may include a global system for mobile communication (GSM), a code division multiple access (CDMA), an LTE/LTE-A, a 5G, a WLAN, a Wi-Fi, Bluetooth™, radio frequency identification (RFID), infrared data association (IrDA), ZigBee, and/or near field communication (NFC). The term "cell" may refer to a geographic area to which one or more nodes provide a communication system, or refer to radio resources. A "cell" of a geographic area may be understood as coverage within which a node can provide service using a carrier and a "cell" as radio resources (e.g. time-frequency resources) is associated with bandwidth (BW) which is a frequency range configured by the carrier as disclosed in (paragraph [0299]), ( Paragraph [0025]), (Paragraph [0104] , lines 4-9)( Paragraph [0106], lines 1-5)-( Paragraph [0107], lines 1-6) and paragraph [0135], lines 1-8). Therefore, the wireless communication/ connection established between the wireless devices and BS is send a message with the communication trough the communication technology established performing the communication capability through the device in range, becoming more efficient and reliable.
The prior art should be considered as a whole. See also MPEP § 2141.02 [R-5] Paragraph VI. Claims must be given the broadest reasonable interpretation during examination and limitations appearing in the specification but not recited in the claim are not read into the claim (See M.P.E.P. 2111 [R-l]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH AREVALO/Primary Examiner, Art Unit 2642
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