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 .
Response to Arguments
Applicant's arguments filed 10/29/2025 have been fully considered but they are not persuasive.
Argument: Applicant amended the independent claims and argued (REM 10/20/2025, page 12, 8th last line+):
“Hasegawa does not disclose training a positioning model based on measurements of RSs transmitted using different Tx power from a common TRP. In short, Hasegawa fails to disclose, inter alia, receive a configuration for a measurement of a set of reference signals (RSs) associated with a common transmission reception point (TRP), wherein the set of RSs comprises afirst subset of RSs and a second subset of RSs and receive the set of RSs from the common TRP, wherein the first subset of RSs is associated with a first transmission (Tx) power setting and the second subset of RSs is associated with a second Tx power setting, wherein the first Tx power setting is different from the second Txpower setting, as recited in amended independent claim 1.”
Response: Hasegawa discloses ([00137]):
“The network may initiate changes in PRS transmission using at least one of the following methods:
The WTRU may receive a switch pattern for switching among TRPs from which PRS are transmitted. For example, the WTRU may be configured to receive PRS from 9 TRPs, with TRP ID TRP_0 through TRP_8. The WTRU may receive a pattern of TRPs from which the WTRU is to receives PRS. If the WTRU requires reception of PRS from 3 TRPS to obtain a position estimate or to generate a measurement report, an example of a switch pattern may be {TRP_0, TRP_1, TRP_2}, {TRP_3, TRP_4, TRP_5}, {TRP_6, TRP_7, TRP_8}. For each element (group of three TRPs) in the switch pattern, the WTRU may receive a duration (e.g., slots, frames, time) during which PRS is to be received from the indicated TRPs. For example, the WTRU may first receive PRS from {TRP_0, TRP_1, TRP_2} for 10 ms. For the next 10 ms, the WTRU is to receive PRS from {TRP_3, TRP_4, TRP_5}. Subsequently, the WTRU is to receive PRS from {TRP_6, TRP_7, TRP_8} for 10 ms. Then, the pattern may repeat.”
In the above example of Hasegawa, 9 TRPS are used. However, Hasegawa clearly states that the WTRU may receive a switch pattern and that the WTRU can be configured. Hence, under Rationales for Obviousness (MPEP 2143, Rationales E & F: Obvious to Try & Obvious Variation), one of ordinary skill in the art can configure the switch pattern to use only a single TRP, which can repeatedly send PRS of different powers. Using a single TRP is a subset of using multiple TRPs and can be used if multiple TRPs are not available or if the signal quality from multiple TRPs is not as good as the signal quality from a single TRP.
The above argument is repeated in claim 1 rejection below.
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.
Claims 1 - 6, 10 - 15, 21 - 30 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hasegawa et al. (WO2022155244A2, which has been provided in the International Search Report).
Regarding claim 1, Hasegawa discloses an apparatus for wireless communication at a wireless device ([0026]; Fig. 1A shows wireless devices 102a …102d; Fig. 1B), comprising:
at least one memory ([00199]; Fig. 1B);
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 ([00199]; Fig. 1B), is configured to:
receive a configuration for a measurement of a set of reference signals (RSs), associated with a common transmission reception point (TRP) ([0137], wherein the switch pattern is configured for a single TRP. Also see below), wherein the set of RSs comprises a first subset of RSs and a second subset of RSs ([0132] discloses “The WTRU may receive at least two PRS parameter sets from the network …”; wherein the configuration is the parameter sets for the PRSs);
receive the set of RSs from the common TRP ([0137]. Also see below), wherein the first subset of RSs is associated with a first transmission (Tx) power setting and the second subset of RSs is associated with a second Tx power setting, wherein the first Tx power setting is different from the second Tx power setting ([00189] discloses “In another example, the WTRU may receive configuration information (e.g., via an indication) related to a function the WTRU may use to derive correction information. The WTRU may receive parameters (e.g., an antenna reference point, power difference between PRS resources, …”; [00194] & [00195] disclose “Correction information .. associated with power offset”);
measure the set of RSs ([00187] discloses “The WTRU may determine the value based on measurements made on PRS resources”);
and output the measured set of RSs for a training of a positioning model ([00134] discloses “In this example, let us assume that the WTRU uses one positioning method for training the machine learning model”).
Hasegawa doesn’t excplitly disclose using a single TRP.
However, Hasegawa discloses ([00137]):
“The network may initiate changes in PRS transmission using at least one of the following methods:
The WTRU may receive a switch pattern for switching among TRPs from which PRS are transmitted. For example, the WTRU may be configured to receive PRS from 9 TRPs, with TRP ID TRP_0 through TRP_8. The WTRU may receive a pattern of TRPs from which the WTRU is to receives PRS. If the WTRU requires reception of PRS from 3 TRPS to obtain a position estimate or to generate a measurement report, an example of a switch pattern may be {TRP_0, TRP_1, TRP_2}, {TRP_3, TRP_4, TRP_5}, {TRP_6, TRP_7, TRP_8}. For each element (group of three TRPs) in the switch pattern, the WTRU may receive a duration (e.g., slots, frames, time) during which PRS is to be received from the indicated TRPs. For example, the WTRU may first receive PRS from {TRP_0, TRP_1, TRP_2} for 10 ms. For the next 10 ms, the WTRU is to receive PRS from {TRP_3, TRP_4, TRP_5}. Subsequently, the WTRU is to receive PRS from {TRP_6, TRP_7, TRP_8} for 10 ms. Then, the pattern may repeat.”
In the above example of Hasegawa, 9 TRPS are used. However, Hasegawa clearly states that the WTRU may receive a switch pattern and that the WTRU can be configured. Hence, under Rationales for Obviousness (MPEP 2143, Rationales E & F: Obvious to Try & Obvious Variation), one of ordinary skill in the art can configure the switch pattern to use only a single TRP, which can repeatedly send PRS of different powers. Using a single TRP is a subset of using multiple TRPs and can be used if multiple TRPs are not available or if the signal quality from multiple TRPs is not as good as the signal quality from a single TRP.
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to use a single TRP for the reasons stated above.
Regarding claim 2, Hasegawa discloses wherein the positioning model is located at the wireless device, wherein, to output the measured set of RSs, the at least one processor, is configured to: train the positioning model based on the measured set of RSs ([00134] discloses “…the WTRU uses one positioning method for training the machine learning model”; [0099] discloses “A WTRU may implement any machine learning model ….”).
Regarding claim 3, Hasegawa discloses a transceiver coupled to the at least one processor, wherein, to output the measured set of RSs, the at least one processor, is configured to:
transmit, via the transceiver, the measured set of RSs to a training entity for the training of the positioning model ([00162] last paragraph on page 40 discloses “Capability for supporting federated learning for positioning, where the training/learning may be distributed between WTRU and network for WTRU-based and/or WTRU-assisted positioning”).
Hasegawa doesn’t explicitly disclose that the transceiver is used for transmitting PRS information. However, since the training/learning may be distributed between WTRU and network, it is obvious to one of ordinary skill in the art that the transceiver would be used to do the above.
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use the transceiver to send PRS information between the WTRU and network since both may be involved in the training/learning.
Regarding claim 4, Hasegawa discloses the at least one processor, is further configured to:
receive a request for a capability and transmit an indication of the capability associated with the wireless device ([00117], steps 2 & 3; [00161]).
Capability to measure the first subset of RSs associated with the first Tx power setting and the second subset of RSs associated with the second Tx power setting is obvious to try or an obvious variation of the above (Rationales for Obviousness (MPEP 2143, Rationales E & F)).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to request capability of measuring PRSs with different power, as this would allow the network to know what power levels to transmit the PRSs at.
Regarding claim 5, Hasegawa discloses using LPP message for sending information to the WTRU (Fig. 5, step 509; page 25, step 5).
Having the WTRU send the indication using a LTE LPP message is obvious to try or an obvious variation of the above (Rationales for Obviousness (MPEP 2143, Rationales E & F)).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use an LTE LPP message for the indication, as these message formats are standard formats in 5G systems and hence the messages can be easily decoded.
Regarding claim 6, Hasegawa discloses the capability comprises at least one of:
a number of subsets of RSs, associated with the common TRP, for the wireless device to measure; a buffering capability; or a measurement gap condition between subsets of the set of RSs ( [00162] discloses “Number and types of positioning methods/configuration, …. Types of RS supported for positioning …. “ ).
Common TRP is analyzed as in claim 1 above.
Regarding claim 10, Hasegawa discloses the at least one processor, is further configured to:
transmit a request to measure a transmitted set of RSs associated with a plurality of Tx power settings, wherein the reception of the set of RSs from the network node is based on the request (page 25, steps 2+).
Regarding claim 11, Hasegawa discloses to receive the configuration, the at least one processor, is configured to: receive a long-term evolution (LTE) positioning protocol (LPP) message comprising the configuration (page 25, step 5).
Regarding claim 12, Hasegawa discloses the set of RSs comprises at least one of a positioning reference signal (PRS), a synchronization signal block (SSB), or a channel state information (CSI) reference signal (CSI-RS) ([0151] discloses “Positioning training signals may include PRS, CSI-RS (Channel State Information Reference Signal), TRS (Total Radiated State), PTRS (Phase Tracking Reference Signal), DMRS (Demodulation Reference Signal), or other reference signals specifically designed for training a machine learning model at the WTRU.”).
Regarding claim 13, Hasegawa discloses the wireless device comprises at least one of a user equipment (UE) or a positioning reference unit (PRU) (page 55, line 2).
Regarding claim 14, Hasegawa discloses the measured set of RSs comprises at least one of: a channel impulse response (CIR); a channel frequency response (CFR); a received signal strength indicator (RSSI); a reference signal received power (RSRP); a reference signal received power path (RSRPP); a reference signal received quality (RSRQ); a time of arrival (ToA); a time of flight (ToF); a reference signal time difference (RSTD); or an angle of departure (AoD) ([00102] – [00108] disclose AoD, RSRP etc.).
Claim 15 is similarly analyzed as claim 1, with claim 15 reciting equivalent limitations applied to the network entity side. The 2nd configuration is disclosed in [0132]: “The WTRU may receive at least two PRS parameter sets from the network”.
Claim 21 is similarly analyzed as claim 11, wherein claim 11 recites the receive operation whereas claim 20 recites the equivalent transmit operation.
Claim 22 is similarly analyzed as claim 4, with claim 22 reciting equivalent network operations. Claim 22 additionally recites: and configure the second configuration based on the capability. This disclosed by Hasegawa (page 25, step 9).
Claim 23 is similarly analyzed as claim 5, with claim 23 reciting equivalent receive operations.
Claim 24 is similarly analyzed as claim 6.
Claim 25 is similarly analyzed as claim 4, 22.
Regarding claim 26, Hasegawa discloses the capability comprises at least one of: a number of Tx power settings for transmission by the common TRP; and a second indication of a second plurality of Tx power settings supported by the common TRP (page 34, last 6 lines disclose “The configuration of positioning training signals may include one or more of the following: ……Bitmap indicating the occurrence of the Positioning Training Signals within the period of the transmission”; hence plural; page 35, 2nd paragraph discloses “Transmission power of the Positioning Training Signals”).
Common TRP analyzed as n claim1 above.
Claim 27 is similarly analyzed as claim 3 (transceiver here is on network side). Claim 27 further recites:
a request to measure a transmitted set of RSs associated with a plurality of Tx power settings, wherein the transmission of the first configuration and the transmission of the second configuration is based on the request.
The 2nd configuration is disclosed by Hasegawa [0132]: “The WTRU may receive at least two PRS parameter sets from the network”; [00187], [00189] disclose measurements made on PRS.
Regarding claim 28, Hasegawa discloses the network entity comprises a location management function (LMF) (Fig. 5, LMF).
Claim 29 is similarly analyzed as claim 1, with claim 29 reciting equivalent method limitations.
Claim 30 is similarly analyzed as claim 15, with claim 30 reciting equivalent method limitations.
Claims 7 – 9, 16 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa et al. (WO2022155244A2, which has been provided in the International Search Report) in view of WO2021056595A1.
Regarding claim 7, Hasegawa does not disclose the configuration comprises a first indicator associated with the first Tx power setting and a second indicator associated with the second Tx power setting.
In the same field of endeavor, however, WO2021056595A1 discloses the configuration comprises a first indicator associated with the first Tx power setting and a second indicator associated with the second Tx power setting (page 5 discloses “…n1 bits are included in one or more of the following fields…the first transmit power control indicator field, …. n2 bits are included in one or more of the following fields ….. a second transmit power control indicator field ….”).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use the method, as taught by WO2021056595A1 in the system of Hasegawa because this would provide an indication of the PRS transmit power to the WTRU.
Regarding claim 8, Hasegawa does not disclose the first indicator comprises at least one of a power level, a resource block (RB) power assignment, or a resource element (RE) power assignment.
In the same field of endeavor, however, WO2021056595A1 discloses the first indicator comprises at least one of a power level, a resource block (RB) power assignment, or a resource element (RE) power assignment (page 5 discloses “…n1 bits are included in one or more of the following fields…the first transmit power control indicator field, …. n2 bits are included in one or more of the following fields ….. a second transmit power control indicator field ….”).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use the method, as taught by WO2021056595A1 in the system of Hasegawa because this would provide an indication of the PRS transmit power to the WTRU.
Regarding claim 9, Hasegawa does not disclose the at least one processor, is further configured to: receive a map that correlates each of a plurality of RS resources of the set of RSs with each of a plurality of Tx power settings, wherein the first indicator identifies a first RS resource of the plurality of RS resources, and wherein the second indicator identifies a second RS resource of the plurality of RS resources associated with the second subset of RSs.
In the same field of endeavor, however, WO2021056595A1 discloses the at least one processor, is further configured to: receive a map that correlates each of a plurality of RS resources of the set of RSs with each of a plurality of Tx power settings, wherein the first indicator identifies a first RS resource of the plurality of RS resources, and wherein the second indicator identifies a second RS resource of the plurality of RS resources associated with the second subset of RSs (page 5 discloses “…n1 bits are included in one or more of the following fields…the first transmit power control indicator field, …. n2 bits are included in one or more of the following fields ….. a second transmit power control indicator field ….”; wherein the map is interpreted as the n1 bits, n2 bits etc., where n1 bits is used for the 1st PRS power, n2 bits is used for the 2nd PRS power etc.).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use the method, as taught by WO2021056595A1 in the system of Hasegawa because this would provide an indication of the PRS transmit power to the WTRU, with the map indicating power levels for various PRSs.
Claim 16 is similarly analyzed as claim 7.
Claim 17 is similarly analyzed as claim 8.
Claim 18 is similarly analyzed as claim 7.
Claim 19 is similarly analyzed as claim 8.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over
Hasegawa et al. (WO2022155244A2, which has been provided in the International Search Report) in view of Lyazidi et al. (US 20240196359A1).
Regarding claim 20, Hasegawa does not disclose wherein, to transmit the first configuration, the at least one processor, individually or in any combination, is configured to: transmit a new radio (NR) positioning protocol (NRPP) message comprising the first configuration.
In the same field of endeavor, however, Lyazidi discloses wherein, to transmit the first configuration, the at least one processor, individually or in any combination, is configured to: transmit a new radio (NR) positioning protocol (NRPP) message comprising the first configuration ([0042] discloses NRPP used).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use NRPP messages for communication, as these message formats are standard formats in 5G systems and hence the messages can be easily decoded.
Other Prior Art Cited
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
The following patents/publications are cited to further show the state of the art with respect to using PRS signals in positioning:
Jia et al. (US 20240422726 A1) discloses communication method and apparatus to improve security of a positioning service procedure of a terminal device.
Saily et al. (US 20240154752 A1) discloses positioning using a first Reference Signal (RS) and a second RS.
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.
Contact Information
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/ADOLF DSOUZA/Primary Examiner, Art Unit 2632