DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. This office action is in response to the amendment filed on 03/18/2026. Claims 1-2, 4-9, 11-16 and 18-23 are pending in this application and have been considered below. Claims 3, 10 and 17 are canceled by the applicant.
3. The objections to the claims 12 and 18-20 are corrected by the amendment. Therefore, the objections are withdrawn.
4. The rejection under 35 USC 112(b) of claims 1-20 is corrected by the amendment. Therefore, the rejection is withdrawn.
5. Applicant’s arguments with respect to claims 1 and 7 have been considered but are moot in view of new ground(s) of rejection because of the amendments.
Claim Objections
6. Claims 1-2, 4-9, 11-16 and 18-23 are objected to because of the following informalities:
(1) Claim 1 recites the limitation "third information". There is insufficient antecedent basis for this limitation in the claim unless a first information and a second information are described in the preceding text of the claim.
(2) Claim 1 recites the limitation "second target beam". There is insufficient antecedent basis for this limitation in the claim unless a first target beam is described in the preceding text of the claim.
(3) Claim 5 recites the limitation "second beam information". There is insufficient antecedent basis for this limitation in the claim unless a first beam information is described in the preceding text of the claim.
(4) Claim 7 recites the limitation "second communication device". There is insufficient antecedent basis for this limitation in the claim unless a first communication device is described in the preceding text of the claim.
(5) Claim 7 recites the limitation "second target beam". There is insufficient antecedent basis for this limitation in the claim unless a first target beam is described in the preceding text of the claim.
(6) Claim 9 recites the limitation "third list” and “third set". There is insufficient antecedent basis for this limitation in the claim unless a first list and a list and first set and second set are described in the preceding text of the claim.
(7) Claim 11 recites the limitation "seventh information". There is insufficient antecedent basis for this limitation in the claim unless a first-sixth information are described in the preceding text of the claim.
(8) Claim 16 recites the limitation "third communication device". There is insufficient antecedent basis for this limitation in the claim unless a first communication device and a second communication device are described in the preceding text of the claim.
(9) Claim 16 recites the limitation "second target beam". There is insufficient antecedent basis for this limitation in the claim unless a first target beam is described in the preceding text of the claim.
More similar issues as above may be present in some or all dependent claims. For consistency with independent claims, please check all dependent claims and make appropriate correction, if any. Appropriate correction is required.
Claim Rejections - 35 USC § 112
7. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
8. Claims 1-2, 4-9, 11-16 and 15-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
(1) Claim 1 recites the limitation "the beam" in line 5. There is insufficient antecedent basis for this limitation in the claim.
(2) Claim 1 recites the limitation "the transmission beam pattern information" in line 6. There is insufficient antecedent basis for this limitation in the claim. This issue can be resolved by replacing "the transmission beam pattern information" with --the transmit beam pattern information--.
(3) Claim 2 recites the limitation "the first communication device" in line 2. There is insufficient antecedent basis for this limitation in the claim.
(4) Claim 5 recites the limitation "the second communication device" in line 5. There is insufficient antecedent basis for this limitation in the claim.
(5) Claim 5 recites “wherein the second target beam information further comprises transmit beam pattern information or response information corresponding to the beam for sending the first positioning reference signal; transmit beam direction information corresponding to the beam for sending the first positioning reference signal; transmit antenna information of the second communication device”. It is unclear in the claim how the claimed “second target beam information” can simultaneously comprise all the above information. However, for the purpose of examination, the examiner interprets that “second target beam information” comprises at least one of “transmit beam pattern information or response information corresponding to the beam for sending the first positioning reference signal; transmit beam direction information corresponding to the beam for sending the first positioning reference signal; or transmit antenna information of the second communication device”.
(6) Claim 7 recites the limitation "the transmission beam pattern information" in line 15. There is insufficient antecedent basis for this limitation in the claim. This issue can be resolved by replacing "the transmission beam pattern information" with --the transmit beam pattern information--.
(7) Claim 16 recites the limitation "the beam" in line 25. There is insufficient antecedent basis for this limitation in the claim.
(8) Claim 1 recites the limitation "the transmission beam pattern information" in line 26. There is insufficient antecedent basis for this limitation in the claim. This issue can be resolved by replacing "the transmission beam pattern information" with --the transmit beam pattern information--.
More similar issues as above may be present in some or all dependent claims. For consistency with independent claims, please check all dependent claims and make appropriate correction, if any. Appropriate correction is required.
9. 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.
Please note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicants are reminded that MPEP 2141.02 states:
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Claim Rejections - 35 USC § 102
10. 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)(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.
11. Claims 1-2, 4-9, 11-16 and 18-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by BAO et al (US 20220373635) (hereinafter Bao).
Regarding claim 1:
As shown in figures 1-16, Bao discloses a positioning method (see figures 1-16), comprising:
receiving, by a first communication, third information (figures 9 shows UE is receiving information 912 (thirst information) from BS): wherein the third information comprises: second target beam information (see 902 in figure 9):
wherein the second target beam information (see 902 in figure 9) comprises: transmit beam pattern information (902 in figure 9 transmit beam pattern information, par 0155) or response information corresponding to the beam for sending a first positioning reference signal:
wherein the transmission beam pattern information (902 in figure 9 transmit beam pattern information, par 0155) or response information comprises: power response information of a plurality of or all transmission beams per angle (figure 11 shows channel energy response (CER) (interpreted to be power response information) for plurality or all beams per angle. See figures 9 and 11, par 0159, 164-0167).
Regarding claim 2:
Bao further discloses receiving, by the first communication device (see UE in figure 9), a first positioning reference signal and determining first target beam information (abstract); wherein
the first target beam information is information about a beam receiving the first positioning reference signal (abstract), and the first target beam information comprises at least one of the following:
receive beam identification information corresponding to a beam for receiving the first positioning reference signal (par 0116);
receive beam pattern information or response information corresponding to the beam for receiving the first positioning reference signal;
receive beam direction information corresponding to the beam for receiving the first positioning reference signal; or
receive antenna information of the first communication device.
Regarding claim 4:
Bao further discloses sending the first target beam information;
wherein the sending the first target beam information (902 in figure 9) comprises:
sending second information, wherein the second information carries the first target beam information (figure 9 shows plurality of beam being transmitted, par 0155) and/or an angular positioning measurement result; wherein
the angular positioning measurement result comprises at least one of the following:
positioning reference signal identification information corresponding to angular positioning measurement;
power information; or
timestamp information;
the first target beam information (902 in figure 9) comprises:
receive beam identification information corresponding to the beam for receiving the first positioning reference signal (par 0116).
Regarding claim 5:
Bao further discloses
wherein the third information further comprises: location information of the second communication device (par 0043, 0093-0094);
second beam information (see figure 9); wherein
the second target beam information further comprises
transmit beam pattern information (see figure 9) or response information corresponding to the beam for sending the first positioning reference signal;
transmit beam direction information corresponding to the beam for sending the first positioning reference signal;
transmit antenna information of the second communication device, wherein transmit antenna information of the second communication device comprises: angle information of the second communication device.
Regarding claim 6:
Bao further discloses based on at least one of the third information, the first beam information, and the first target beam information, determining whether LOS/NLOS identification information is present in a beam measurement result (par 0159, 0163, 0187), and/or determining a precise location information of the terminal.
Regarding claim 7:
As shown in figures 1-16, Bao discloses a positioning method (see figures 1-16), comprising:
sending, by a second communication device, second target beam information (figure 9 shows BS (second communication device) send target beam information 902 (second target beam information) to the UE); wherein
the second target beam information (see figure 9) is information about a beam for sending a first positioning reference signal (abstract), and the second target beam information comprises:
transmit beam pattern information (902 in figure 9 transmit beam pattern information, abstract, par 0155) or response information corresponding to the beam for sending the first positioning reference signal;
wherein the transmission beam pattern information (902 in figure 9 transmit beam pattern information, abstract, par 0155) or response information comprises: power response information of a plurality of or all transmission beams per angle (figure 11 shows channel energy response (CER) (interpreted to be power response information) for plurality or all beams per angle. See figures 9 and 11, par 0159, 164-0167).
Regarding claim 8:
Bao further discloses wherein the second target beam information (see 902 figure 9) further comprises:
transmit antenna information of the second communication device (par 0042),
wherein the transmit antenna information of the second communication device comprises: angle information of the second communication device (par 0093-0094).
Regarding claim 9:
Bao further discloses the power response information of the beam at various angles is expressed in one of the following manners:
a third list, wherein the third list is a list of at least one angle and power (See figures 9 and 11, par 0159, 164-0167);
a third set, wherein the third set is a set of at least one angle and power.
Regarding claim 11:
Bao further discloses wherein the sending the second target beam information comprises:
sending seventh information (see plurality of beam information in figure 9), wherein the seventh information carries the second target beam information (see figure 9); wherein
the seventh information is one of the following:
response information of the second communication device (see the response of the BS in figure 9); or
positioning information updating information of the second communication device.
Regarding claim 12:
Bao further discloses sending an angular positioning measurement result (abstract, par 0093-0094); wherein
the angular positioning measurement result comprises at least one of the following:
positioning reference signal identification information corresponding to angular positioning measurement;
power information (see figures 10-11); or
time measurement information;
Regarding claim 13:
Bao further discloses
receiving first target beam information;
the first target beam information comprises at least one of the following:
receive beam identification information corresponding to a beam for receiving the first positioning reference signal;
receive beam pattern information (see receive beam pattern information in figure 9) or response information corresponding to the beam for receiving the first positioning reference signal;
receive beam direction information corresponding to the beam for receiving the first positioning reference signal;
receive beam width information corresponding to the beam for receiving the first positioning reference signal; or
receive antenna information of the first communication device.
Regarding claim 14:
Bao further discloses based on the first target beam information and the second target beam information, determining whether LOS/NLOS identification information is present in a beam measurement result (par 0159, 0163, 0187).
Regarding claim 15:
Bao further discloses if the LOS/NLOS identification information is present in the beam measurement result, sending the LOS/NLOS identification information to the first communication device (see figure 9, par 0159, 0163, 0187) and/or a third communication device.
Regarding claim 16:
As shown in figures 1-16, Bao discloses a positioning method (see figures 1-16), comprising:
receiving, by a third communication device (see the third UE figure 1), second target beam information (120 in figure 1) of a second communication device (see BS in figure 1. Also see figure 9); wherein the second target beam information (120 in figure 1) comprises:
transmit beam pattern information (902 in figure 9 transmit beam pattern information, par 0155) or response information corresponding to the beam for sending a first positioning reference signal,
wherein the transmission beam pattern information (902 in figure 9 transmit beam pattern information, par 0155) or response information comprises: power response information of a plurality of or all transmission beams per angle (figure 11 shows channel energy response (CER) (interpreted to be power response information) for plurality or all beams per angle. See figures 9 and 11, par 0159, 164-0167.
Regarding claim 18:
Bao further discloses thee first communication device (figure 3A), comprising a processor (332 in figure 3A), a memory (340 in figure 3A), and a program or instructions stored in the memory (340 in figure 3A) and capable of running on the processor (332 in figure 3A), wherein when the program or the instructions are executed by the processor (332 in figure 3A), the steps of the positioning method according to claim 1 are implemented (par 0070-0079).
Regarding claim 19:
Bao further discloses the second communication device (figure 3B), comprising a processor (384 in figure 3B), a memory (386 in figure 3B), and a program or instructions stored in the memory (386 in figure 3B) and capable of running on the processor (384 in figure 3B), wherein when the program or the instructions are executed by the processor (384 in figure 3B), the steps of the positioning method according to claim 7 are implemented (par 0070-0079).
Regarding claim 20:
Bao further discloses the third communication device (figure 3C), comprising a processor (394 in figure 3C), a memory (396 in figure 3C), and a program or instructions stored in the memory (396 in figure 3C) and capable of running on the processor (394 in figure 3C), wherein when the program or the instructions are executed by the processor (394 in figure 3C), the steps of the positioning method according to claim 16 are implemented (par 0070-0079).
Regarding claim 21:
Bao further discloses sending the LOS/NLOS identification information (see figure 9, par 0159, 0163, 0187).
Regarding claim 22:
Bao further discloses wherein the angle information of the second communication device comprising: a conversion parameter between the local coordinate system of the second communication device and a global coordinate system (par 0097, 0099).
Regarding claim 23:
Bao further discloses wherein information of the power comprises at least one of the following: reference signal received power (RSRP) (par 0159); reference signal received quality (RSRQ); relative RSRP; or relative RSRQ.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Khoryaev et al. (US 9713117) disclose a method for determining a position of a user equipment based on information communicated through direct UE-to-UE communications to obtain additional measurements of position metrics that can be used to determine relative or absolute positions of the UE.
13. 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 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.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 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, Hannah S Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KABIR A TIMORY/Primary Examiner, Art Unit 2631
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