DETAILED ACTION
Restriction/Election
Applicant's election with traverse of Claims 1-20 in the reply filed on 12/17/2025 is acknowledged. The traversal is on the ground(s) that no unduly extensive or burdensome search would be required by the examiner to examine the various claims of the noted Groups in the same application and that the subject matter among the groups is not independent and distinct.
This is not found persuasive because inventions in this application are distinct. The combination as claimed does not require the particulars of the subcombination as claimed because the two groups are distinct and mutually exclusive. For example, the combination as claimed does not require the particulars of the subcombination as claimed because the subcombination requires the particular feature of “transmitting, using a first antenna element of an antenna array of the network entity, a first sensing reference signal of a reference signal session; transmitting, using a second antenna element of the antenna array of the network entity, a second sensing reference signal of the reference signal session; and transmitting, to a network, information that indicates a first location of the first antenna element, a second location of the second antenna element, and an equivalent location based on the first location and the second location”, while the combination does not require such requirements at all. Further, the sub-combination as claimed does not require the particulars of the combination as claimed because the combination requires the particular feature of “transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value and a location associated with an antenna array", while the sub-combination does not require such requirements.
Further, contrary to applicant’s assertion, the combination requires an independent search for finding the concept of “transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value and a location associated with an antenna array”, while the subcombination requires a different search for finding the features of “transmitting, using a first antenna element of an antenna array of the network entity, a first sensing reference signal of a reference signal session; transmitting, using a second antenna element of the antenna array of the network entity, a second sensing reference signal of the reference signal session; and transmitting, to a network, information that indicates a first location of the first antenna element, a second location of the second antenna element, and an equivalent location based on the first location and the second location”.
Thus, a different search would be required for the combination and the sub-combination.
Accordingly, there would be an additional extensive or burdensome search required by the examiner to examine the various claims of Group II.
Therefore, the requirement is still deemed proper and is therefore made FINAL (See MPEP § 818.03(a) and MPEP § 806.05(d) ). Accordingly, claims 21-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 1-20 are pending.
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-20 drawn to a network entity and method including the steps of receiving a first reference signal of a reference signal session; receiving a second reference signal of the reference signal session; and transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value and a location associated with an antenna array.
II. Claims 21-30 drawn to network entity and method including the steps of transmitting, using a first antenna element of an antenna array of the network entity, a first sensing reference signal of a reference signal session; transmitting, using a second antenna element of the antenna array of the network entity, a second sensing reference signal of the reference signal session; and transmitting, to a network, information that indicates a first location of the first antenna element, a second location of the second antenna element, and an equivalent location based on the first location and the second location.
The inventions are distinct, each from the other because of the following reasons:
Inventions I and II are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)).
In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the subcombination requires the particular feature of “transmitting, using a first antenna element of an antenna array of the network entity, a first sensing reference signal of a reference signal session; transmitting, using a second antenna element of the antenna array of the network entity, a second sensing reference signal of the reference signal session; and transmitting, to a network, information that indicates a first location of the first antenna element, a second location of the second antenna element, and an equivalent location based on the first location and the second location”, while the combination does not require such requirements at all. In fact, the combination does not include anything close to transmitting, using a first antenna element of an antenna array of the network entity and transmitting, using a second antenna element of the antenna array of the network entity.
The subcombination has separate utility such as transmitting, using a second antenna element of the antenna array of the network entity, a second sensing reference signal of the reference signal session; and transmitting, to a network, information that indicates a first location of the first antenna element, a second location of the second antenna element, and an equivalent location based on the first location and the second location.
Further, the sub-combination as claimed does not require the particulars of the combination as claimed because the combination requires the particular feature of “receiving a first reference signal of a reference signal session; receiving a second reference signal of the reference signal session; and transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value and a location associated with an antenna array", while the sub-combination does not require such requirements.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a).
Restriction for examination purposes as indicated is proper because all these inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because at least the following reason(s) apply:
The combination requires an independent search for finding the concept of “receiving a first reference signal of a reference signal session; receiving a second reference signal of the reference signal session; and transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value and a location associated with an antenna array”. On the other hand, the subcombination requires a search for finding the features of “transmitting, using a first antenna element of an antenna array of the network entity, a first sensing reference signal of a reference signal session; transmitting, using a second antenna element of the antenna array of the network entity, a second sensing reference signal of the reference signal session; and transmitting, to a network, information that indicates a first location of the first antenna element, a second location of the second antenna element, and an equivalent location based on the first location and the second location”.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverses on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
Applicant is advised that if any claim presented in a continuation or divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
A telephone call was made to Dennis Duchene (Reg. No. 40595) on October 10th, 2025 to request an oral election to the above restriction requirement, but did not result in an election being made.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1, 3-5 and 11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lunardi (2024/0015549) in view of Levitsky (US 2018/0269947).
Referring to claim 1:
Lunardi discloses a network entity (FIG. 53 and Par. 151, “a communication device UE 5300 (also referred to as a mobile terminal, a mobile communication terminal, a wireless device, a wireless communication device, a wireless terminal, mobile device, a wireless communication terminal, user equipment, UE, a user equipment node/terminal/device, etc.) configured to provide wireless communication”) comprising:
a memory storing processor-readable code (FIG. 53 and Par. 151, “Communication device UE may also include processing circuitry 5303 (also referred to as a processor, e.g., corresponding to processing circuitry 4120 of FIG. 71) coupled to the transceiver circuitry, and memory circuitry 5305 (also referred to as memory, e.g., corresponding to device readable medium 4130 of FIG. 71) coupled to the processing circuitry”); and
at least one processor coupled to the memory (FIG. 53 and Par. 151, “processing circuitry 5303 (also referred to as a processor … coupled to the transceiver circuitry, and memory circuitry 5305 ”), the at least one processor configured to execute the processor-readable code to cause the at least one processor to perform operations (FIG. 53-57, and 152, “modules may provide instructions so that when instructions of a module are executed by processing circuitry 5303, processing circuitry 5303 performs respective operations”) comprising:
receiving a first reference signal (Par. 6, 690, “a first reference signal received by the communication device”, note that a first reference signal is received by the wireless device. Further, the reference signals are communicated (received and transmitted) during their scheduled time which is the reference signal session); receiving a second reference signal (Par. 6, “a second reference signal received by the communication device”); and
transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value, a location associated with an antenna array, or a combination thereof (Par. 689, “The measurement configuration defines a measurement report … based on a measurement of a first reference signal and a measurement of a second reference signal”. Par. 701, “transmitting (5615) a measurement report to the wireless communication network”, “wherein the measurement report includes at least one of the measurement of the first reference signal and/or the measurement of the second reference signal”. Note that the claim language include alternative (optional claim format), “information that indicates a measurement value, a location associated with an antenna array, or a combination thereof”. Because of the alternative claim language, it is sufficient for prior art to disclose only one of the options. In this case, the prior art discloses the option “information that indicates a measurement value”. Here, the phrase: “transmitting (5615) a measurement report to the wireless communication network”, “wherein the measurement report includes at least one of the measurement of the first reference signal and/or the measurement of the second reference signal” is equivalent to transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value).
Lunardi is not relied on for the claim language: reference signal session.
However, reference signals are well-known to be during a reference signal sessions, as disclosed by Levitsky below.
In an analogous art, Levitsky discloses reference signals of a reference signal session (Par. 89, “the UE 210-a may identify power measurements for each of the beam reference signals received as part of a BRS session”. Note that the reference signals (e.g., beam reference signals are received by the UE as part of the beam reference signal (BRS) session. Thus, the beam reference signal is the reference signal of the reference signal session. The additional word “beam” in front of the reference signal does not change characteristics of the reference signal).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lunardi by incorporating the teachings of Levitsky so that the reference signals are transmitted during the reference signal session time, for the purpose of scheduling transmitting and reception of reference signals, and thus, using communication resources efficiently. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Regarding claim 3:
The combination of Lunardi/Levitsky discloses the network entity of claim 1, wherein the operations further comprise: measuring a channel to generate a first measurement value that is associated with the first reference signal; measuring the channel to generate a second measurement value that is associated with the second reference signal and generating the measurement value based on the first measurement value and the second measurement value (Lunardi, Par. 6, “A measurement report triggering event is detected based on a measurement of a first reference signal received by the communication device and based on a measurement of a second reference signal received by the communication device,” “measurement report is transmitted to the wireless communication network”. Par. 115, “UE includes in the measurement report (e.g., received signal receive power (“RSRP”))”. Par. 333, “beam measurement quantity value”, note that the UE transmits to the network a measurement based on the first reference signal and a measurement based on the second reference signal, thus, the measurements are for both first and second reference signals. Further note that the UE transmits RSRP measurement, thus, the measurements include RSRP values).
Regarding claim 4:
The combination of Lunardi/Levitsky discloses the network entity of claim 1, wherein: the information indicates the measurement value; the information indicates a technique used to generate the measurement value based on the first reference signal and the second reference signal; or a combination thereof (Lunardi, Par. 115, “UE includes in the measurement report (e.g., received signal receive power (“RSRP”))”. Par. 333, “beam measurement quantity value”, note that the UE transmits to the network a measurement that includes RSRP measurement, thus, the measurements include RSRP values. Also note that because of alterative claim language it is sufficient for prior art to disclose only one of the alternatives, in this case the alternative limitation, “the information indicates the measurement value”).
Regarding claim 5:
The combination of Lunardi/Levitsky discloses the network entity of claim 1, wherein: the information indicates the measurement value; and the information indicates the measurement value is based on the first reference signal and the second reference signal (Lunardi, Par. 7, 6, “A measurement report based on a measurement of a first reference signal received by the communication device and based on a measurement of a second reference signal received by the communication device,” “measurement report is transmitted to the wireless communication network”. Par. 115, “UE includes in the measurement report (e.g., received signal receive power (“RSRP”))”. Par. 333, “beam measurement quantity value”, note that the UE transmits to the network a measurement based on the first reference signal and a measurement based on the second reference signal, thus, the measurements are for both first and second reference signals. Further note that the UE transmits RSRP measurement, thus, the measurements include RSRP values).
Referring to claim 11:
Lunardi discloses a method of wireless communication performed by a network entity (FIG. 53 and Par. 151, “a communication device UE 5300 (also referred to as a mobile terminal, a mobile communication terminal, a wireless device, a wireless communication device, a wireless terminal, mobile device, a wireless communication terminal, user equipment, UE, a user equipment node/terminal/device, etc.) configured to provide wireless communication”, FIG. 53-57, and 152, “modules may provide instructions so that when instructions of a module are executed by processing circuitry 5303, processing circuitry 5303 performs respective operations”), the method comprising:
receiving a first reference signal (Par. 6, 690, “a first reference signal received by the communication device”, note that a first reference signal is received by the wireless device. Further, the reference signals are communicated (received and transmitted) during their scheduled time which is the reference signal session); receiving a second reference signal (Par. 6, “a second reference signal received by the communication device”); and
transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value, a location associated with an antenna array, or a combination thereof (Par. 689, “The measurement configuration defines a measurement report … based on a measurement of a first reference signal and a measurement of a second reference signal”. Par. 701, “transmitting (5615) a measurement report to the wireless communication network”, “wherein the measurement report includes at least one of the measurement of the first reference signal and/or the measurement of the second reference signal”. Note that the claim language include alternative (optional claim format), “information that indicates a measurement value, a location associated with an antenna array, or a combination thereof”. Because of the alternative claim language, it is sufficient for prior art to disclose only one of the options. In this case, the prior art discloses the option “information that indicates a measurement value”. Here, the phrase: “transmitting (5615) a measurement report to the wireless communication network”, “wherein the measurement report includes at least one of the measurement of the first reference signal and/or the measurement of the second reference signal” is equivalent to transmitting, based on the first reference signal and the second reference signal, information that indicates a measurement value).
Lunardi is not relied on for the claim language: reference signal session.
However, reference signals are well-known to be during a reference signal sessions, as disclosed by Levitsky below.
In an analogous art, Levitsky discloses reference signals of a reference signal session (Par. 89, “the UE 210-a may identify power measurements for each of the beam reference signals received as part of a BRS session”. Note that the reference signals (e.g., beam reference signals are received by the UE as part of the beam reference signal (BRS) session. Thus, the beam reference signal is the reference signal of the reference signal session. The additional word “beam” in front of the reference signal does not change characteristics of the reference signal).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lunardi by incorporating the teachings of Levitsky so that the reference signals are transmitted during the reference signal session time, for the purpose of scheduling transmitting and reception of reference signals, and thus, using communication resources efficiently. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Regarding claim 13:
The combination of Lunardi/Levitsky discloses the method of claim 11, further comprising: measuring a channel to generate a first measurement value that is associated with the first reference signal; measuring the channel to generate a second measurement value that is associated with the second reference signal; and generating the measurement value based on the first measurement value and the second measurement value (Lunardi, Par. 6, “A measurement report triggering event is detected based on a measurement of a first reference signal received by the communication device and based on a measurement of a second reference signal received by the communication device,” “measurement report is transmitted to the wireless communication network”. Par. 115, “UE includes in the measurement report (e.g., received signal receive power (“RSRP”))”. Par. 333, “beam measurement quantity value”, note that the UE transmits to the network a measurement based on the first reference signal and a measurement based on the second reference signal, thus, the measurements are for both first and second reference signals. Further note that the UE transmits RSRP measurement, thus, the measurements include RSRP values).
Regarding claim 14:
The combination of Lunardi/Levitsky discloses the method of claim 11, wherein: the information indicates the measurement value; the information indicates a technique used to generate the measurement value based on the first reference signal and the second reference signal; or a combination thereof ((Lunardi, Par. 115, “UE includes in the measurement report (e.g., received signal receive power (“RSRP”))”. Par. 333, “beam measurement quantity value”, note that the UE transmits to the network a measurement that includes RSRP measurement, thus, the measurements include RSRP values. Also note that because of alterative claim language it is sufficient for prior art to disclose only one of the alternatives, in this case the alternative limitation, “the information indicates the measurement value”).
Regarding claim 15:
The combination of Lunardi/Levitsky discloses the method of claim 11, wherein: the information indicates the measurement value; and the information indicates the measurement value is based on the first reference signal and the second reference signal (Lunardi, Par. 7, 6, “A measurement report based on a measurement of a first reference signal received by the communication device and based on a measurement of a second reference signal received by the communication device,” “measurement report is transmitted to the wireless communication network”. Par. 115, “UE includes in the measurement report (e.g., received signal receive power (“RSRP”))”. Par. 333, “beam measurement quantity value”, note that the UE transmits to the network a measurement based on the first reference signal and a measurement based on the second reference signal, thus, the measurements are for both first and second reference signals. Further note that the UE transmits RSRP measurement, thus, the measurements include RSRP values).
Allowable Subject Matter
Claim(s) 2, 6-10, 12 and 16-20 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is the examiner’s statement of reasons for allowance:
Regarding Claims 2 and 12:
The prior art fails to disclose or suggest the limitations “wherein: the network entity includes a user equipment (UE) or a first transmission and reception point (TRP); the reference signal session includes a positioning session or a radio frequency (RF) sensing session; the first reference signal includes a first positioning reference signal from a first antenna element of another network entity, and the second reference signal includes a second positioning reference signal from a second antenna element of the other network entity; the first positioning reference signal is associated with a first positioning reference signal ID that indicates a first location, and the second positioning reference signal is associated with a second positioning reference signal ID that indicates a second location; the measurement value includes: when the reference signal session includes the positioning session, an angle of arrive, a reference signal time difference (RSTD), a reference signal received power (RSRP), or a reference signal received quality (RSRQ); or when the reference signal session includes the RF session, a range, an angle”, as recited in claims 2 and 12, along with the limitations of the intermediate and/or base claims.
Regarding Claims 6 and 16:
The prior art fails to disclose or suggest the limitations “wherein the operations further comprise: determining a first location of a first transmit antenna element of the antenna array, the first transmit antenna element associated with transmission of the first reference signal; determining a second location of a second transmit antenna element of the antenna array, the second transmit antenna element associated with transmission of the second reference signal; and determining the location based on the first location, the second location, or a combination thereof, wherein the location includes an effective location of a transmit antenna”, as recited in claims 6 and 16, along with the limitations of the intermediate and/or base claims.
Regarding Claims 7 and 17:
Claims 7 and 17 depend on allowable subject matter of claims 6 and 16 respectively, thus, they are allowable for being dependent upon allowable claims.
Regarding Claims 8 and 18:
The prior art fails to disclose or suggest the limitations “wherein the operations further comprise: determining a first location of a first receive antenna element of the antenna array, the first receive antenna element associated with reception of the first reference signal; determining a second location of a second receive antenna element of the antenna array, the second antenna receive element associated with reception of the second reference signal; and determining the location based on the first location, the second location, or a combination thereof, wherein the location includes an effective location of a receive antenna”, as recited in claims 8 and 18, along with the limitations of the intermediate and/or base claims.
Regarding Claims 9 and 19:
The prior art fails to disclose or suggest the limitations “wherein: the reference signal session includes a radio frequency (RF) sensing session; the first reference signal includes a first sensing reference signal received from another network entity, and the second reference signal includes a second sensing reference signal received from the other network entity; the network entity includes a first transmission and reception point, and the other network entity includes a second transmission and reception point; the information indicates the location; the information is transmitted to a network”, as recited in claims 9 and 19, along with the limitations of the intermediate and/or base claims.
Regarding Claims 10 and 20:
The prior art fails to disclose or suggest the limitations “wherein the operations further comprise: receiving index information that indicates multiple index values, each index value of the multiple index values is associated with an effective receive (Rx) location, an effective transmit (Tx) location, or a combination thereof, and wherein the information indicates a measurement value and the location, the information includes an index value of the multiple index values that indicates the location”, as recited in claims 10 and 20, along with the limitations of the intermediate and/or base claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Error! Unknown document property name. whose telephone number is Error! Unknown document property name.. The examiner can normally be reached on Monday through Friday from 9 to 5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/FRED A CASCA/Primary Examiner, Art Unit 2644
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