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 .
Art Unit- Location
The Art Unit location of your application in the USPTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Art Unit 2642.
Response to Amendment
This Action is in response to Applicant’s amendment filed on 10/27/2025. Claims 1-5, 7-14 and 21-23 are still pending in the present application. This Action is made FINAL.
Response to Arguments
Applicant's arguments with respect to claims 1-5, 7-14 and 21-23 have been considered but are moot in view of the new ground(s) of rejection.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/17/2025 is in compliance with the provision of 37 CFR 1.97, has been considered by the Examiner, and made of record in the application file.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a)
Claims 1-5, 7-14 and 21-23 are rejected under 35 U.S.C. 103 as being un-patentable over Liu US Patent Application No.:( US 2024/0385276 A1) hereinafter referred as Liu, in view of CHA et al US Patent No.:( US 2025/0067883 A1) hereinafter referred as CHA.
For claim 1, Liu discloses a user equipment (UE) comprising:
a transceiver (601 and 603 fig.6); and
a processor operably coupled to the transceiver (602 fig.6), the processor configured to:
identify information on a plurality of downlink reference signal carrier phases (DL-RSCPs) (paragraph [0404], lines 3-9), (paragraph [0436], lines 1-6) and (paragraph [0440], lines 1-5) or a plurality of downlink reference signal carrier phase differences (DL-RSCPDs) measured by a positioning reference unit (PRU) based on a plurality of positioning reference signals (PRS), and control the transceiver to transmit a measurement report (paragraph [0441]-[0442], lines 1-6) including (ii) the plurality of DL-RSCPs or the plurality of DL-RSCPDs (paragraph [0446], lines 1-6). However, Liu disclose all the subject matter of the claimed invention with the exemption of the transceiver to transmit a measurement report including (i) symbol indices as recited in claim 1.
CHA from the same or analogous art teaches the transceiver to transmit a measurement report including (i) symbol indices (paragraph [0124], lines 1-6) and (paragraph [0141], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the transceiver to transmit a measurement report including (i) symbol indices as taught by CHA into the communication device of Liu.
The transceiver to transmit a measurement report including (i) symbol indices can be modify/implemented by combining the transceiver to transmit a measurement report including (i) symbol indices the device. This process is implemented as a hardware solution or as firmware solutions of CHA into the communication device of Liu. As disclosed in CHA, the motivation for the combination would be to use the transceiver to transmit a report to the network that allows to manage the communication more efficiently.
For claim 2, Liu discloses the UE, wherein: the PRU is included in the UE, or the PRU is included in another UE with known location (paragraph [0009], lines 1-17) and (paragraph [0264], lines 1-4).
For claim 3, Liu discloses the UE, wherein the transceiver is further configured to receive, from the PRU, the plurality of DL-RSCPs or the plurality of DL-RSCPDs in case that the PRU is included in the another UE with known location (paragraph [0404], lines 8-15).
For claim 4, Liu discloses the UE, wherein the measurement report including the plurality of DL-RSCPs is reported associated with a measurement of time difference between reception and transmission of the UE (UE Rx-Tx time difference) (paragraphs [0196] and [0446], lines 1-14).
For claim 5, Liu discloses the UE, wherein the measurement report including the plurality of DL-RSCPDs is reported associated with measurement of a DL reference signal time difference (DL RSTD) (paragraph [0441]-[0442], lines 1-6) and (paragraph [0446], lines 1-6).
For claim 7, Liu discloses a positioning reference unit (PRU) comprising:
a transceiver; (601 and 603 fig.6 and
a processor operably connected to the transceiver (602 fig.6), wherein the processor is configured to:
receive a plurality of positioning reference signals (PRSs),measure a plurality of downlink reference signal carrier phases (DL-RSCPs) (paragraph [0404], lines 3-9), (paragraph [0436], lines 1-6) and (paragraph [0440], lines 1-5) or a plurality of downlink reference signal carrier phase differences (DL-RSCPDs) based on the plurality of PRSs, and control the transceiver to transmit a measurement report (paragraph [0441]-[0442], lines 1-6) including (ii) the plurality of DL-RSCPs or the plurality of DL-RSCPDs (paragraph [0446], lines 1-6). However, Liu disclose all the subject matter of the claimed invention with the exemption of the transceiver to transmit a measurement report including (i) symbol indices as recited in claim 7.
CHA from the same or analogous art teaches the transceiver to transmit a measurement report including (i) symbol indices (paragraph [0124], lines 1-6) and (paragraph [0141], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the transceiver to transmit a measurement report including (i) symbol indices as taught by CHA into the communication device of Liu.
The transceiver to transmit a measurement report including (i) symbol indices can be modify/implemented by combining the transceiver to transmit a measurement report including (i) symbol indices the device. This process is implemented as a hardware solution or as firmware solutions of CHA into the communication device of Liu. As disclosed in CHA, the motivation for the combination would be to use the transceiver to transmit a report to the network that allows to manage the communication more efficiently.
For claim 8, Liu discloses the PRU, wherein the processor is configured to:
control the transceiver to transmit a sounding reference signal (SRS) to a base station so that the base station reports uplink (UL) positioning measurement based on the SRS (paragraph [0271], lines 4-10) and (paragraph [0404], lines 1-7).
For claim 9, Liu discloses the PRU, wherein the PRU is included in a user equipment (UE) with known location (paragraph [0009], lines 1-17) and (paragraph [0264], lines 1-4).
For claim 10, Liu discloses a method performed by a user equipment (UE), the method comprising:
identifying information on a plurality of downlink reference signal carrier phases (DL- RSCPs) (paragraph [0404], lines 3-9), (paragraph [0436], lines 1-6) and (paragraph [0440], lines 1-5) or a plurality of downlink reference signal carrier phase differences (DL-RSCPDs) measured by a positioning reference unit (PRU) based on a plurality of positioning reference signals (PRSs); and
transmitting a measurement report (paragraph [0441]-[0442], lines 1-6)including (ii) the plurality of DL-RSCPs or the plurality of DL-RSCPDs (paragraph [0446], lines 1-6). However, Liu disclose all the subject matter of the claimed invention with the exemption of the transceiver to transmit a measurement report including (i) symbol indices as recited in claim 10.
CHA from the same or analogous art teaches the transceiver to transmit a measurement report including (i) symbol indices (paragraph [0124], lines 1-6) and (paragraph [0141], lines 1-6). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the transceiver to transmit a measurement report including (i) symbol indices as taught by CHA into the communication device of Liu.
The transceiver to transmit a measurement report including (i) symbol indices can be modify/implemented by combining the transceiver to transmit a measurement report including (i) symbol indices the device. This process is implemented as a hardware solution or as firmware solutions of CHA into the communication device of Liu. As disclosed in CHA, the motivation for the combination would be to use the transceiver to transmit a report to the network that allows to manage the communication more efficiently.
For claim 11, Liu discloses the method, wherein the PRU is included in the UE, or wherein the PRU is included in another UE with known location (paragraph [0009], lines 1-17) and (paragraph [0264], lines 1-4).
For claim 12, Liu discloses the method, wherein further comprising:
receiving, from the PRU, the plurality of DL-RSCPs or the plurality of DL-RSCPDs in case that the PRU is included in the another UE with known location(paragraph [0404], lines 8-15).
For claim 13, Liu discloses the method, wherein the measurement report including the plurality of DL-RSCPs is reported associated with a measurement of time difference between reception and transmission of the UE (UE Rx-Tx time difference (paragraphs [0196] and [0446], lines 1-14).
For claim 14, Liu discloses the method, wherein the measurement report including the plurality of DL- RSCPDs is reported associated with a measurement of a DL reference signal time difference (DL RSTD) (paragraph [0441]-[0442], lines 1-6) and (paragraph [0446], lines 1-6).
For claim 21, Liu discloses the UE, wherein the symbol indices are comprised by time stamps included in the measurement report, the time stamps associated with the plurality of DL- RSCPs or the plurality of DL-RSCPDs (paragraph [0470], lines 5-14) and (paragraph [0535], lines 7-16).
For claim 22, Liu discloses the PRU, wherein the symbol indices are comprised by time stamps included in the measurement report, the time stamps associated with the plurality of DL- RSCPs or the plurality of DL-RSCPDs (paragraph [0470], lines 5-14) and (paragraph [0535], lines 7-16).
For claim 23, Liu discloses the method, wherein the symbol indices are comprised by time stamps included in the measurement report, the time stamps associated with the plurality of DL-RSCPs or the plurality of DL-RSCPDs (paragraph [0470], lines 5-14) and (paragraph [0535], lines 7-16).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH AREVALO/ Primary Examiner, Art Unit 2642