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 .
This action is in response to the preliminary amendment filed on 7/12/2023. Claims 1-19 are pending and have been considered below.
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Applicant argues by citing paragraphs of the reference about claims 1,7,14,17 that, paragraph 0065 of Edge 338 states that at action 212, the LMF 120 sends "an LPP/NPP Request Location Information message" to the AMF 115, and at action 213, the AMF 115 relays the "LPP/NPP Request Location Information message" to a UE 105. In other words, paragraph 0066 of Edge 338 states that at action 214, the UE 105 obtains some or all of the location measurements (and other information such as a location estimate) requested at actions 212 and 213. Paragraph 0066 of Edge 338 further states that "PRS transmissions from the reference cell and neighbor cells may have been controllably increased in response to a request from the UE 105[.]" However, Edge 338 is silent on the details of the "request from the UE 105" to gNB 110-1 for PRS transmissions. Thus, the "request from the UE 105" for the PRS transmissions of Edge 338 cannot reasonably correspond to the "LPP/NPP Request Location Information message" of actions 212/213 of Edge 338. Therefore, paragraph 0066 of Edge 338 does not explicitly or inherently disclose "sending, by the terminal device, the first message to an access network device" of claim 1. As a result, Edge 338, as applied by the Office, does not explicitly or inherently disclose "sending, by the terminal device, the first message to an access network device" (remarks pages 7-8)
Examiner respectfully disagrees. The prior art reference Edge ‘338 discloses the claimed subject matter. Contrary to the arguments presented regarding claims 1,7,14,17 the cited passages of the reference are reproduced herein with added emphasis to show how the broad claim limitation are taught by the prior art. Edge ‘338 paragraphs 65-66 are as below:
{[0065] The LPP/NPP Provide Assistance Data message sent at actions 210 and 211 can be followed by an LPP/NPP Request Location Information message, again sent from the LMF 120 to the AMF 115, at action 212, which is relayed to the UE 105 in a 5G NAS transport message by the AMF 115 at action 213. The LPP/NPP Request Location Information message may request one or more location measurements from the UE 105 and/or a location estimate according to, for example, the position method(s) selected by LMF 120 based on the position capabilities of UE 105 sent to the LMF 120 at actions 204 and 205. The positioning measurements may for example include Reference Signal Time Difference (RSTD) measurements for OTDOA and/or pseudorange (or code phase) measurements for A-GNSS.
[0066] At action 214 the UE 105 can subsequently obtain some or all of the location measurements (and other information such as a location estimate) requested at actions 212 and 213. The location measurements may be made based, at least in part, on PRS signals transmitted by the various cells detected by the UE 105. As discussed herein, PRS transmissions from the reference cell and neighbor cells may have been controllably increased in response to a request from the UE 105, and may be transmitted for a duration that is determined based, at least in part, on a request for an increased quantity of location-related information from the UE 105 and/or another UE (as will be more particularly described below).}
As can bee seen from the Edge ‘338 paragraph above and figure 2, that the ‘request one or more location measurements’ is equivalent to claimed received ‘first message’, and subsequently [i.e. following or afterwards] the request for location measurements, the UE obtains the location measurements, and that is performed in response to ‘request from the UE’ sent to the access network device or gNB. In other words, the message as request for location measurements is received by UE and subsequently, request from the UE is sending the message that is for location measurements based on PRS signals. This is to be noted here that the claim elements do not recited any details about the first message, only recites as useable to request location information. Thus the claim language does not require any further details than just the message is useable to request location information, however the prior art teaches more details beyond the ‘request one or more location measurements’ as location measurements based on PRS transmitted in response to request from UE.
Thus it is clear that the prior art teaches the broad claim elements and the rejection is maintained.
In response the arguments presented, the rejection to claims 10-13 is hereby withdrawn.
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 (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 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.
Claim(s) 1-4, 7-9, 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edge et al. (US 2019/0037338).
Regarding claim 1:
Edge discloses a system and positioning method (abstract; figures), comprising:
receiving, by a terminal device, a first message from a location management network element by a session, wherein the first message is useable to request location information of the terminal device (para 3-10, 33; para 60 [a location session between the UE 105 and the LMF]; see figure 2 [both steps 212 and 213]; para 65, partially reproduced herein with emphasis {..from the LMF 120 to the AMF 115, at action 212, which is relayed to the UE 105 in a 5G NAS transport message by the AMF 115 at action 213…}; para 61,62,66);
sending, by the terminal device, the first message to an access network device (para 66 {..PRS transmissions from the reference cell and neighbor cells may have been controllably increased in response to a request from the UE 105}; fig 2 [214]; para 68 {If the assistance data provided at actions 210 and 211 is for a low PRS resource allocation and if the gNBs 110 and the UE 105 support a higher PRS resource allocation, the UE 105 may request increased PRS resource allocation from the serving gNB 110-1 before obtaining the location measurements at action 214, as described for FIG. 3});
receiving, by the terminal device, the location information of the terminal device from the access network device (para 66 {UE 105 can subsequently obtain some or all of the location measurements}; fig 2-3; para 68); and
sending, by the terminal device, the location information of the terminal device to the location management network element by the session (para 67 {sent from the UE 105 to the AMF 115 in a 5G NAS transport message}; fig 2 step 215; see para 76; and see throughout the disclosure).
Regarding claim 17:
Edge discloses all of the subject matter as described above for claim 1, and further discloses a communication apparatus (see Figueres 8-9), comprising: a memory coupled to a processor (fig 9, processor 911, memory 940), wherein the memory is configured to store non-transitory instructions when executed (para 7,11,123,136; and see throughout the disclosure) causing the communication apparatus to perform operations as described above for claim 1, thus claim 17 is rejected with similar rationale under the teachings of the prior art.
Regarding claim 7:
Edge discloses a positioning system and method (abstract; figures), comprising:
receiving, by an access network device, a first message from a terminal device by a session, wherein the first message is useable to request location information of the terminal device (para 60,62 [the location session]; para 66 {..PRS transmissions from the reference cell and neighbor cells may have been controllably increased in response to a request from the UE 105}; fig 2 [214]; para 68 {If the assistance data provided at actions 210 and 211 is for a low PRS resource allocation and if the gNBs 110 and the UE 105 support a higher PRS resource allocation, the UE 105 may request increased PRS resource allocation from the serving gNB 110-1 before obtaining the location measurements at action 214, as described for FIG. 3); and
sending, by the access network device, the location information of the terminal device to the terminal device based on the first message by the session (fig 2 step 214; para 66 {UE 105 can subsequently obtain some or all of the location measurements}; fig 2-3; para 68).
wherein the first message is sent from a location management network element to the terminal device by the session (para 3-10, 33; para 60 [a location session between the UE 105 and the LMF]; see figure 2 [both steps 212 and 213]; para 65, partially reproduced herein with emphasis {..from the LMF 120 to the AMF 115, at action 212, which is relayed to the UE 105 in a 5G NAS transport message by the AMF 115 at action 213…}; para 61,62,66; and see throughout the disclosure).
Regarding claim 14:
Edge discloses a positioning method (abstract; figures), comprising:
sending, by a location management network element, a first message to an access network device by a session, wherein the first message is useable to request location information of a terminal device (see figure 6, step 14; paragraph [0093] "At stage 14, LMF 152 sends a DL positioning protocol message (e.g. an LPP or NPP RLI message) to UE 105 via AMF 154 and NG-RAN 112, requesting periodic or triggered location reporting by UE 105", wherein the NG-RAN 112 represents the access network device; figure 6, step 11, and paragraph [0089]: "At stage 11, if UE 105 is currently idle but reachable, AMF 154 performs a network triggered service request in order to place the UE 105 in a connected state (with a signaling connection through NG-RAN 112 to AMF 154)", so the interaction occurs within a session, during which the messages 14, 15 and 23 are exchanged);
receiving, by the location management network element, the location information of the terminal device from the access network device by the session (see figure 6, step 23, and paragraph [0099]: "At stage 23, the temporary serving gNB 110 sends the received location information (e.g. a received LPP or NPP PLI) or the computed location for UE 105 to LMF 152 as indicated by the LMF 152 ID (or UE ID) received at stage 21"); and
determining, by the location management network element, a location of the terminal device based on the location information of the terminal device (see figure 6, step 24, and paragraph [0100] "At stage 24, LMF 152 authenticates the UE ID (e.g. using authentication information provided by UE 105 at stage 21) and computes or verifies the UE 105 location (using the location estimate or location information received at stage 23).
wherein the sending, by the location management network element, the first message to the access network device by the session comprises: sending, by the location management network element, the first message to the access network device through the terminal device by the session (figure 2; para 64-67; and see throughout the disclosure).
Regarding claim 2,8,16,18:
Edge discloses all of the subject matter as described above wherein the location information comprises at least one of: a positioning reference signal, or a sounding reference signal, and the location information is useable to calculate a location of the terminal device (para 26-28,37,66 [PRS]; figs; and throughout).
Regarding claim 3:
Edge discloses all of the subject matter as described above and wherein a positioning protocol between the location management network element and the access network device is useable for the first message (see figures; para 40; para 62 [LPP, NPP protocols]; and throughout disclosure).
Regarding claim 4:
Edge discloses all of the subject matter as described above and wherein the positioning protocol is a New Radio Positioning Protocol A (NRPPa) (see para 40,42,44,63; and throughout disclosure).
Regarding claim 9:
Edge discloses all of the subject matter as described above and determining, by the access network device, the location information of the terminal device based on the first message; and sending, by the access network device, the location information of the terminal device to the terminal device by the session (para 64 [NAS transport message at action 211. In the case of OTDOA positioning, the assistance data can include the identities of a reference cell and neighbor cells supported by gNBs 110 and may include information for each cell, such as the cell carrier frequency, and PRS configuration parameter]; figures 2-3; para 68 and throughout disclosure).
Regarding claim 15:
Edge discloses all of the subject matter as described above and the receiving, by the location management network element, the location information of the terminal device from the access network device by the session comprises: receiving, by the location management network element, the location information of the terminal device from the access network device through the terminal device by the session (figure 2 [step 216]; para 64-66; para 67 {the AMF 115 extracts the LPP/NPP Provide Location Information message from the 5G NAS transport message, and relays it to the LMF 120 (e.g., using 5G LCS AP) at action 216}; and throughout disclosure).
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.
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.
Claim(s) 5, 6, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edge et al. (US 2019/0037338) in view of Jain et al. (US 2020/0084569).
Regarding claim 5,19:
Edge discloses all of the subject matter as described above except for specifically teaching that wherein the first message comprises a correlation identifier of the terminal device and information useable to indicate the positioning method.
However, Jain in the same field of endeavor discloses a system and method for wireless communication wherein the first message comprises a correlation identifier of the terminal device and information useable to indicate the positioning method (para 5; fig 4; para 69,78; para 89 [Location Information message may include the correlation ID, which may be assigned to the location session]; figs; and throughout).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Jain in Edge in order to provide correlation id as indication for enhancing positioning related protocols to indicate different sessions (KSR: Combining Prior Art Elements According to Known Methods to Yield Predictable Results).
Regarding claim 6:
Edge discloses all of the subject matter as described above measuring, by the access network device, a radio signal from the terminal device, and reporting the location information of the terminal device to the location management network element (para 68 [measuring PRS signals]; and see throughout disclosure).
Allowable Subject Matter
Claims 10-13 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xu (US 2021/0014767) disclose a system and method for control data transmission.
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 HIRDEPAL SINGH whose telephone number is (571)270-1688. The examiner can normally be reached 8:00-5:00 M-F.
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/HIRDEPAL SINGH/Primary Examiner, Art Unit 2631
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