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 .
Priority
All claims have priority to the date of filing of this instant application of 06/07/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/20/2024 is being considered by the examiner.
Election/Restriction
Requirement for Restriction/Election issued 11/28/2025 required election of one of the following inventions and one of the following species under 35 U.S.C. 121:
Invention I. Claims 1-18 are drawn to a user equipment (UE) and method of wireless communication at UE, classified in H04W 88/02: Terminal devices.
Invention II. Claims 19-30 are drawn to apparatus for wireless communication at a network entity, classified in H04W 88/08 or H04W 88/14.
Species A of “UE-assisted/location management function (LMF)-based positioning with UE-side AI/ML model, AI/ML assisted positioning” of Fig. 6A.
Species B of “UE-assisted/LMF-based positioning with LMF-side model, direct AI/ML positioning” of Fig. 6B.
Species C of “network node assisted positioning with gNB-side model, AI/ML assisted positioning” of Fig. 7A.
Species D of “network node assisted positioning with LMF-side model, direct AI/ML positioning” of Fig. 7B.
In response filed 3/6/2026, which supersedes response filed 1/7/2026, applicant elected without traverse Invention I and Species A. Claims 4, 5, 8, 9, and 13 corresponding to Invention I non-elected species and claims 19-30 corresponding to Invention II have been withdrawn from further consideration pursuant to 37 CFR 1.142(b). Claims 1, 14-16, and 18 are also amended to remove non-elected invention and species.
Claim Interpretation
Claims that set forth a list of alternatives from which a selection is to be made are typically referred to as Markush claims. Members of a Markush group share a "single structural similarity" when they belong to the same . . . art-recognized class. . . wherein there is an expectation from the knowledge in the art that members of the class will behave in the same way in the context of the claimed invention. A Markush claim contains an "improper Markush grouping" if either: (1) the members of the Markush group do not share a "single structural similarity" or (2) the members do not share a common use. See MPEP 2117.
Claim 1 recites “. . .at least one processor is configured to: . . . transmit, to the network entity, a positioning reference signal (PRS)-based measurement or an estimated location of the UE that is based on using at least one AI/ML model associated with at least one UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities.” Claim 1 sets forth a list of alternatives from which a selection is to be made and is read as a Markush claim. Claim 1 is NOT rejected as an improper markush claim under the assumption that the listed alternatives (a positioning reference signal (PRS)-based measurement or an estimated location of the UE that is based on using at least one AI/ML model associated with at least one UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities) will form the same-recognized art class of “UE positioning information” where the members can be substituted to meet the same intended result of “UE positioning in 5G networks.”
Should the applicant dispute that the claimed alternative members do not form an “art recognized class” as defined in MPEP 2117, the examiner notes that an improper Markush grouping rejection would be warranted as explained further in MPEP 2117.
Claim Rejections - 35 USC § 102
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) 1-3,6-7,10-12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Nokia” (NOKIA, et al., "Other Aspects on ML for Positioning Accuracy Enhancement", 3GPP TSG RAN WG1 #113 Meeting, R1-2304686, 3rd Generation Partnership Project, Mobile Competence Centre, 650, Route Des Lucioles, F-06921 Sophia-Antipolis Cedex, France, Vol. RAN WG1, No. Incheon, Korea, 20230522 - 20230526, 15 May 2023, 47 Pages, XP052385218. As cited in IDS filed 9/1/2024.)
Regarding Claims 1 and 18, AAA teaches A method of wireless communication at a user equipment (UE) and An apparatus for wireless communication at a user equipment (UE), comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor is configured to:
transmit, to a network entity, a list of UE-supported features or feature groups (Nokia p.3 “For AI/ML functionality identification . . . UE indicates supported functionalities/functionality for a given sub-use-case.”) related to a first set of artificial intelligence (AI)/machine learning (ML) (AI/ML) positioning functionalities that are support by the UE (Nokia pp. 1-2 use cases 1, 2a, 2b as described in detail in pp. 5-9); and
transmit, to the network entity, a positioning reference signal (PRS)-based measurement or an estimated location of the UE that is based on using at least one AI/ML model associated with at least one UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities (Nokia pp. 1-2 use cases 1, 2a, 2b as described in detail in pp. 5-9).
Regarding Claim 2. Nokia teaches The apparatus of claim 1, wherein each UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities is associated with a functionality identification (ID) (Nokia pp. 1-2 and pp. 5-9 “functionality identification framework” and section 3.1 functionality based framework).
Regarding Claim 3. Nokia teaches The apparatus of claim 2, wherein each UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities is further associated with at least one of a model ID, a realization ID, or a structure ID (Nokia p.3 “For AI/ML functionality identification . . . in model-ID-based LCM, models are identified at the Network, and Network/UE may activate/deactivate/select/switch individual AI/ML models via model ID.” And pp. 10-11 “3.2 model-based LCM”).
Regarding Claim 6. Nokia teaches The apparatus of claim 1, wherein the at least one processor is further configured to: transmit, to the network entity, one or more indications of AI/ML models associated with the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities (Nokia pp. 5-9 any of the UE conditions in the UE capability report in the table individually and together teach “indications of AI/ML models” as claimed).
Regarding Claim 7. Nokia teaches The apparatus of claim 6, wherein the at least one processor is further configured to: transmit, to the network entity, a configuration for AI/ML-based positioning based on the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities or the AI/ML models (Nokia pp. 5-9 any of the UE conditions in the UE capability report in the table individually and together teach “a configuration for AI/ML-based positioning” as claimed).
Regarding Claim 10. Nokia teaches The apparatus of claim 1, wherein the at least one processor is further configured to: receive, from the network entity, a request to provide the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities, wherein the list of UE- supported features or feature groups related to the first set of AI/ML positioning functionalities is transmitted based on the request (Nokia p.4 “RequestCapabilities” and “ProvideCapabilities” messages used for AI/ML functionality identification).
Regarding Claim 11. Nokia teaches The apparatus of claim 1, wherein the at least one processor is further configured to: transmit, to the network entity, a list of indications indicating whether the UE supports one or more functionalities associated with an AI/ML model (Nokia p.3 “For AI/ML functionality identification . . . UE indicates supported functionalities/functionality for a given sub-use-case.”).
Regarding Claim 12. Nokia teaches The apparatus of claim 1, wherein the at least one processor is further configured to: receive, from the network entity, a query of whether the UE is capable of executing one or more functionalities associated with an AI/ML model provided by the network entity or a network node (Nokia p.4 “RequestCapabilities” and “ProvideCapabilities” messages used for AI/ML functionality identification).
Regarding Claim 14. Nokia teaches The apparatus of claim 1, wherein each UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities is associated with direct AI/ML positioning or AI/ML assisted positioning (Nokia pp. 1-2 use cases 1, 2a, 2b as described in detail in pp. 5-9).
Regarding Claim 15. Nokia teaches The apparatus of claim 1, wherein each UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities indicates whether an AI/ML model associated with positioning is to be executed at the UE, at the network entity, or at a network node (Nokia pp. 1-2 use cases 1, 2a, 2b as described in detail in pp. 5-9 where use case 1 and 2a a UE, 2b at network entity or network node).
Regarding Claim 16 Nokia teaches The apparatus of claim 1, further comprising at least one of a transceiver or an antenna coupled to the at least one processor,
wherein to transmit the list of UE- supported features or feature groups, the at least one processor is configured to transmit, via at least one of the transceiver or the antenna, the list of UE-supported features or feature groups, and
wherein each UE-supported feature or feature group in the list of UE-supported features or feature groups related to the first set of AI/ML positioning functionalities is associated with at least one of an AI/ML model input or an AI/ML model output (Nokia pp. 1-2 use cases 1, 2a, 2b as described in detail in pp. 5-9 where use case 2a “intermediate feature” is AI/ML model output).
Regarding Claim 17. Nokia teaches The apparatus of claim 1, wherein the at least one processor is further configured to: perform at least one of (1) a measurement of a set of positioning reference signals (PRSs) from at least one network node (Nokia pp. 2 for all use cases UE measures PRS from TRP), or (2) an estimation of a location of the UE using one or more AI/ML models (Nokia pp. 2 for at least use case 1(a) UE estimates location using one or more AI/ML models, and likely for other use cases based on the specific implementation intended by broad claim limitation of “using one or more AI/ML models”).
Pertinent Prior Art(s)
The prior art made of record though not relied upon in the current rejection is considered pertinent to applicant's disclosure:
US 20240306119 A1 WU; Yiqun et al. (US equivalent of WO 2023088396 A1 SUN Y et al.)
MERIAS P (MODERATOR (VIVO))., et al., "FL Summary #5 of Other Aspects on AI/ML for Positioning Accuracy Enhancement", 3GPP TSG RAN WG1 Meeting #113, R1-2306206, 3GPP, Mobile Competence Centre, 650, Route Des Lucioles, F-06921 Sophia-Antipolis Cedex, France, Vol. 3GPP RAN 1, No. Incheon, KR, 20230522 - 20230526, 26 May 2023, 108 Pages, XP052378709. As cited in IDS filed 9/1/2024.
CONCLUSION
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/UMAIR AHSAN/Primary Examiner, Art Unit 2647
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