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 .
Priority
Applicant has not filed a foreign priority document as required under 35 USC 119a-d. An attempt was made to retrieve the priority document, but the request was unsuccessful. As such, Applicant is requested to file the priority papers to allow affording the date of priority.
3. This office action is in response to communication filed on 06/26/2023.
Claims 1-20 are pending and rejected.
Information Disclosure Statement
4. The information disclosure statements (IDSs) submitted on 04/10/2024, 12/04/2024, 12/31/2024 and 02/25/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
5. Claim 17 objected to under 37 CFR 1.75 as being a substantial duplicate of claim 19. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-7, 11-16, 17, 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Si et al (CN111343567A, published 2020-06-26) (hereinafter “Si”) (IDS).
Regarding claim 1, Si discloses a communication method (see para lines 14-15 discloses method and device for positioning in a disconnected state), comprising:
receiving, by a terminal device, reference signal configuration information and information about an area that are configured for the terminal device (see lines 201-203 discloses first terminal device may receive first configuration information from the network device and the first configuration information may be used to indicate the uplink positioning resource when terminal is in the disconnected state. The first configuration may also indicate the first uplink positioning resource when the terminal device is in disconnected state in the first preset area (the preset area may be a cell, or a group of cells));
and sending, by the terminal device, a reference signal in the area based on the reference signal configuration information (see lines 214-223; 225; 258 discloses the uplink positioning resource may be a channel sounding reference signal (SRS), or uplink positioning Reference Signal newly defined by NR; Sending a first uplink positioning signal through the first positioning resource. The first configuration information may be used for indicate the first uplink positioning resource when the terminal device is in the preset area).
Regarding claim 2, Si discloses a method wherein the information about the area comprises an identifier of the area (This part is optional)
or information about at least one cell within the area (see lines 205-208;282-283 discloses the first configuration information may indicate uplink positioning resource in the first preset area, the first preset area may be a cell, or a group of cells, such as multiple cells in a cell list).
Regarding claim 4, Si discloses a method according wherein the sending, by the terminal device, the reference signal in the area based on the reference signal configuration information comprises:
determining, by the terminal device, whether the cell on which the terminal device camps is in the area (see lines 490-493 discloses terminal device in inactive state or idle state and is in the preset area indicated by the configuration indication); and
in response to a determination that the cell on which the terminal device camps is not in the area, sending, by the terminal device, a second message to a location management function (LMF), wherein the second message is usable to notify the LMF that the terminal device is out of the area (see lines 244-245;490-498;506-509 discloses positioning server is the LMF in NR; the terminal device is inactive or idle state , and in the preset area, periodically sending uplink positioning signal, multiple gNBs, eNBs or LMU (Location Measurement Unit) participating in the positioning receive uplink positioning signals, process the according to the configuration information received from positioning server ; if the terminal moves out of the preset area indicated by the configuration information, and RRC connection is stablished with the network device), or the second message is usable to request to update the reference signal configuration information (see lines 502-504 discloses the positioning server then instructs to configure new uplink positioning resources for the UE).
Regarding claim 5, Si discloses a method wherein the sending, by the terminal device, the reference signal in the area based on the reference signal configuration information comprises:
determining, by the terminal device, whether the cell on which the terminal device camps is in the area (see lines 490-493 discloses terminal device in inactive state or idle state and is in the preset area indicated by the configuration indication); and
in response to a determination that the cell on which the terminal device camps is not in the area, sending, by the terminal device, a radio resource control (RRC) message to a fourth access network device on which the terminal device camps, where the RRC message is usable to request the fourth access network device to update sounding reference signal (SRS) configuration information (see lines 244-245;490-498;506-509 discloses positioning server is the LMF in NR; the terminal device is inactive or idle state , and in the preset area, periodically sending uplink positioning signal, multiple gNBs, eNBs or LMU (Location Measurement Unit) participating in the positioning receive uplink positioning signals, process the according to the configuration information received from positioning server ; if the terminal moves out of the preset area indicated by the configuration information, and RRC connection is stablished with the network device, the positioning server then instructs the serving gNB or eNB in the new area to configure new uplink resources for the terminal device) or the information about the area (This part is optional).
Regarding claim 6, Si discloses a method wherein the RRC message comprises a cause, wherein the cause is usable to request to update the SRS configuration information (see lines 506 discloses if the terminal moves out of the preset area indicated in the configuration information (cause), an RRC connection is established with the network device and position is performed in the connected state) or the information about the area (see lines 508-509 discloses the position server then instructs the serving gNB or eNB in the new area to configure new uplink resources).
Regarding claim 7, Si discloses a communication comprising:
sending, by a location management function (LMF), a fourth message to an access network device, wherein the fourth message is usable to request the access network device to determine reference signal configuration information for a terminal device (see lines, 244-245; 486-488; 490-493 discloses the positioning server in NR is LMF; the positioning server sends configuration information to gNBs, eNBs participating in the positioning on the current area, through a signaling message; according to the LMF configuration, the terminal is inactive or idle and is in the preset area periodically sending uplink positioning signal), or
is usable to request reference signal configuration information of a terminal device (This part is optional); and
the fourth message comprises information about an area, and the area is an area indicated by a reference signal received from the terminal device (see lines 490-493 according with the configuration information the terminal is inactive or idle and is in the preset area indicated by the configuration information).
Regarding claim 11, Si discloses a communication apparatus, comprising: a processor; and a non-transitory computer-readable storage medium storing a program to be executed by the processor (see lines 746-761 discloses network device includes processor, transceiver, memory, interface, computer program in memory capable of running a processor and computer program executed by processor), the program including instructions to:
receive reference signal configuration information and information about an area that are configured for a terminal device (see lines 214-223; 225; 258 discloses the uplink positioning resource may be a channel sounding reference signal (SRS), or uplink positioning Reference Signal newly defined by NR; Sending a first uplink positioning signal through the first positioning resource. The first configuration information may be used for indicate the first uplink positioning resource when the terminal device is in the preset area); and
send a reference signal in the area based on the reference signal configuration information (see lines 201-203 discloses first terminal device may receive first configuration information from the network device and the first configuration information may be used to indicate the uplink positioning resource when terminal is in the disconnected state. The first configuration may also indicate the first uplink positioning resource when the terminal device is in disconnected state in the first preset area (the preset area may be a cell, or a group of cells)).
Regarding claim 12, Si discloses a communication apparatus (see lines 746-761 discloses network device includes processor, transceiver, memory, interface, computer program in memory capable of running a processor and computer program executed by processor)
wherein the information about the area comprises an identifier of the area (This part is optional)
or information about at least one cell in the area (see lines 205-208;282-283 discloses the first configuration information may indicate uplink positioning resource in the first preset area, the first preset area may be a cell, or a group of cells, such as multiple cells in a cell list).
Regarding claim 13, Si discloses a communication apparatus according wherein the program including instructions to:
determine whether a cell on which the terminal device camps is in the area (see lines 490-493 discloses according to the configuration information the device is in the inactive or idle state); and
in response to a determination that the cell on which the terminal device camps is in the area, send the reference signal based on the reference signal configuration information (see lines 490-493 discloses according to the configuration information the device is in the inactive or idle state, and is in the preset area indicated in the configuration information, periodically sends uplink positioning signal).
Regarding claim 14, Si discloses a communication apparatus wherein the program including instructions to:
determine whether the cell on which the terminal device camps is in the area (see lines 490-493 discloses according to the configuration information the device is in the inactive or idle state); and
in response to a determination that the cell on which the terminal device camps is not in the area, send a second message to a location management function {LMF}, wherein the second message is usable to notify the LMF that the terminal device is out of the area, or the second message is usable to request to update the reference signal configuration information (see lines 506-509 discloses if the terminal moves out of the preset area, the positioning server instructs the gNB or eNB to configure a new uplink resource for the UE).
Regarding claim 15, Si discloses a communication apparatus wherein the program including instructions to: determine whether the cell on which the terminal device camps is in the area (see lines 490-493 discloses terminal device in inactive state or idle state and is in the preset area indicated by the configuration indication); and
in response to a determination that the cell on which the terminal device camps is not in the area, send a radio resource control (RRC) message to a fourth access network device on which the terminal device camps, where the RRC message is usable to request the fourth access network device to update sounding reference signal (SRS) configuration information (see lines 244-245;490-498;506-509 discloses positioning server is the LMF in NR; the terminal device is inactive or idle state , and in the preset area, periodically sending uplink positioning signal, multiple gNBs, eNBs or LMU (Location Measurement Unit) participating in the positioning receive uplink positioning signals, process the according to the configuration information received from positioning server ; if the terminal moves out of the preset area indicated by the configuration information, and RRC connection is stablished with the network device, the positioning server then instructs the serving gNB or eNB in the new area to configure new uplink resources for the terminal device) or the information about the area (this part is optional).
Regarding claim 16, Si discloses a communication apparatus wherein the RRC message comprises a cause, wherein the cause is usable to request to update the SRS configuration information (see lines 506 discloses if the terminal moves out of the preset area indicated in the configuration information (cause), an RRC connection is established with the network device and position is performed in the connected state) or the information about the area (see lines 508-509 discloses the position server then instructs the serving gNB or eNB in the new area to configure new uplink resources).
or the information about the area (This part is optional).
Regarding claim 17, Si discloses a communication method wherein the reference signal information further includes information about a time (see lines 214-218 discloses the uplink positioning resource is periodic, and the period can be set accordingly).
Regarding claim 19, Si discloses a communication wherein the reference signal information further includes information about a time (see lines 214-218 discloses the uplink positioning resource is periodic, and the period can be set accordingly).
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. 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.
11. 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Si et al (CN111343567A, published 2020-06-26) (hereinafter “Si”) (IDS) in view of Haque et al (US 20220070766 A1) (hereinafter “Haque”).
Regarding claim 3, Si fails to disclose a method wherein the sending, by the terminal device, the reference signal in the area based on the reference signal configuration information comprises:
determining, by the terminal device, whether a cell on which the terminal device camps is in the area; and
in response to a determination that the cell on which the terminal device camps is in the area, sending, by the terminal device, the reference signal based on the reference signal configuration information.
However, Haque teaches disclose a method wherein the sending, by the terminal device, the reference signal in the area based on the reference signal configuration information comprises:
determining, by the terminal device, whether a cell on which the terminal device camps is in the area (see para. [0142] discloses the UE may check for change of area based on tracking area identifier); and
in response to a determination that the cell on which the terminal device camps is in the area, sending, by the terminal device, the reference signal based on the reference signal configuration information (see para. [0172] discloses the UE may perform tracking area update or mobility update procedure signaling to the network).
Si and Haque are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the tracking area as described by Haque.
The motivation to combine both references would come from efficient tacking area update process.
Claims 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Si et al (CN111343567A, published 2020-06-26) (hereinafter “Si”) (IDS) in view of Dong et al (US 20230413218 A1) (hereinafter “Dong”).
Regarding claim 18, Si fails to disclos discloses a communication method wherein the sending, by the terminal device, the reference signal in the area based on the reference signal configuration information comprises:
determining, by the terminal device, whether a condition associated with the time is satisfied; and
in response to a determination that the condition is satisfied, sending, by the terminal device, the reference signal based on the reference signal configuration information.
However, Dong teaches wherein the sending, by the terminal device, the reference signal in the area based on the reference signal configuration information comprises:
determining, by the terminal device, whether a condition associated with the time is satisfied (see para. [0075] discloses terminal periodically send an RRC message carrying suggested PRS configuration to the first base station); and
in response to a determination that the condition is satisfied, sending, by the terminal device, the reference signal based on the reference signal configuration information (see para. [0075] discloses terminal periodically send an RRC message carrying suggested PRS configuration to the first base station, until receives and RRC message carrying the PRS configuration information).
Si and Dong are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the condition associated to time as described by Dong.
The motivation to combine both references would come from efficient tacking area update process.
Regarding claim 20, Si fails to disclose a communication method wherein the sending, by the terminal device, the reference signal in the area based on the reference signal configuration information comprises:
determining, by the terminal device, whether a condition associated with the time is satisfied (see para. [0086] discloses terminal periodically send the LPP message carrying the suggested PRS configuration to the core network element); and
in response to a determination that the condition is satisfied, receive, from the terminal device, the reference signal based on the reference signal configuration information (see para. [0075] discloses terminal periodically send an RRC message carrying suggested PRS configuration to the first base station, until receives and RRC message carrying the PRS configuration information).
Si and Dong are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the condition associated to time as described by Dong.
The motivation to combine both references would come from efficient tacking area update process.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Si et al (CN111343567A, published 2020-06-26) (hereinafter “Si”) (IDS) in view of Edge (US 10080098 B1) (hereinafter “Edge”).
Regarding claim 8, Si fails to disclose a method wherein the information about the area comprises an identifier of the area or information about at least one cell in the area.
However, Edge teaches a method wherein the information about the area comprises an identifier of the area (This part is optional) or information about at least one cell in the area (see column 22 lines UE obtains and request location information minimally comprising identity of the temporary serving cell and or identity of the serving gNB).
configuration information).
Si and Edge are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the identification of cell as described by Edge.
The motivation to combine both references would come from efficient area identification process.
Regarding claim 9, Si disclose a method wherein the fourth message further comprises indication information (see lines, 244-245; 486-488; 490-493 discloses the positioning server in NR is LMF; the positioning server sends configuration information to gNBs, eNBs participating in the positioning on the current area, through a signaling message; according to the LMF configuration, the terminal is inactive or idle and is in the preset area periodically sending uplink positioning signal),
Si fails to disclose the indication information indicates to configure a reference signal received from the terminal device in a non-connected state, or the indication information indicates that the terminal device has a capability of sending a reference signal in a non-connected state.
However, Edge teaches a indication information indicates to configure a reference signal received from the terminal device in a non-connected state (This part is optional), or the indication information indicates that the terminal device has a capability of sending a reference signal in a non-connected state (see column 23 lines 50-60 discloses LMF sends an LPP request capabilities message to the UE; UE returns an LPP Provide Capabilities message comprising positioning capabilities, including capability to support UL high efficient transport of location information such as sending LPP messages to LMF while UE is in idle state).
Si and Edge are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the capability as described by Edge.
The motivation to combine both references would come from efficient area identification process.
Claims 10 are rejected under 35 U.S.C. 103 as being unpatentable over Si et al (CN111343567A, published 2020-06-26) (hereinafter “Si”) (IDS) in view of Edge (US 10080098 B1) (hereinafter “Edge”) and further in view of Dong et al (US 20230413218 A1) (hereinafter “Dong”).
Regarding claim 10, Si fails to disclose a method wherein the method further comprises:
receiving, by the LMF, reference signal configuration information of the terminal device; and
sending, by the LMF, the reference signal configuration information of the terminal device to a second access network device in the area.
However, Dong teaches disclose a method wherein the method further comprises:
receiving, by the LMF, reference signal configuration information of the terminal device (see para. [0053] discloses the LMF receives NRPP message carrying PRS configuration); and
sending, by the LMF, the reference signal configuration information of the terminal device to a second access network device in the area (see para. [0053] discloses a message carrying the target PRS configuration is sent to the second base station).
Si and Dong are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Si to include the signal to second network device as described by Dong.
The motivation to combine both references would come from efficient area identification process.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Khoryaev Alexey et al (WO 2020146739 A1) discloses Systems and Methods of Providing New Radio Positioning.
Cha et al (US 20220248385 A1) discloses Method for Transmitting and Receiving signals in wireless Communication System and Device Supporting Game.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS GUILLERMO LEMA LEMOS whose telephone number is (571)-272-5710. The examiner can normally be reached M-F 8-5 EST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached at 571-270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUIS LEMA LEMOS/
Patent Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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