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 .
Request for Continued Examination (RCE) Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/12/2026 has been entered.
Response to Arguments
3. This office action is in response to the amendment filed on 07/28/2026. Claims 1-2, 4-8, 11-16 and 18-23 are pending in this application and have been considered below. Claims 3, 9-10 and 17 are canceled by the applicant.
4. The claim objections regarding claims 1-2, 4-8, 11-16 and 18-23 are not corrected by the amendment. Therefore, the objections are not withdrawn.
5. The rejection under 35 USC 112(b) of claims 1-2, 4-8, 11-16 and 18-23 is corrected by the amendment. Therefore, the rejection is withdrawn.
6. Applicant’s arguments with respect to claims 1, 7 and 16 have been considered but are moot in view of new ground(s) of rejection because of the amendments.
Claim Objections
7. Claims 1-2, 4-8, 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 1 recites the limitation "a third list". There is insufficient antecedent basis for this limitation in the claim unless a first list and second list are described in the preceding text of the claim.
(4) Claim 1 recites the limitation "a third set". There is insufficient antecedent basis for this limitation in the claim unless a first set and second set are described in the preceding text of the claim.
(5) Claim 1 recites the limitation "a fourth list". There is insufficient antecedent basis for this limitation in the claim unless a first list and second list are described in the preceding text of the claim.
(6) Claim 1 recites the limitation "a fourth set". There is insufficient antecedent basis for this limitation in the claim unless a first set and second set are described in the preceding text of the claim.
(7) 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.
(8) 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.
(9) 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.
(10) Claim 7 recites the limitation "a third list". There is insufficient antecedent basis for this limitation in the claim unless a first list and second list are described in the preceding text of the claim.
(11) Claim 7 recites the limitation "a third set". There is insufficient antecedent basis for this limitation in the claim unless a first set and second set are described in the preceding text of the claim.
(12) Claim 7 recites the limitation "a fourth list". There is insufficient antecedent basis for this limitation in the claim unless a first list and second list are described in the preceding text of the claim.
(13) Claim 7 recites the limitation "a fourth set". There is insufficient antecedent basis for this limitation in the claim unless a first set and second set are described in the preceding text of the claim.
(14) 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.
(15) 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.
(16) 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.
(18) 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.
(19) Claim 16 recites the limitation "a third list". There is insufficient antecedent basis for this limitation in the claim unless a first list and second list are described in the preceding text of the claim.
(20) Claim 16 recites the limitation "a third set". There is insufficient antecedent basis for this limitation in the claim unless a first set and second set are described in the preceding text of the claim.
(21) Claim 16 recites the limitation "a fourth list". There is insufficient antecedent basis for this limitation in the claim unless a first list and second list are described in the preceding text of the claim.
(22) Claim 16 recites the limitation "a fourth set". There is insufficient antecedent basis for this limitation in the claim unless a first set and second set are 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.
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.
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 § 103
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. Claims 1-2, 4-8, 11-16, and 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over BAO et al (US 20220373635) (hereinafter Bao) in view of DUAN et al. (US 20240244564) (hereinafter DUAN).
Regarding claim 1:
As shown in figures 1-16, Bao discloses a positioning method (see figures 1-16), comprising:
receiving, by a first communication device, third information (figures 9 shows UE 904 is receiving information 912 (third information) from BS 902): wherein the first device is a terminal (see the UE 904 in figure 9), and 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 transmit 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).
Bao discloses all of the subject matter as described above except for specifically teaching wherein the power response information of the plurality of or all transmission beams per angle 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;
a third set, wherein the third set is a set of at least one angle and power;
a fourth list, wherein the fourth list is a power list obtained according to a preset rule and granularity; or
a fourth set, wherein the fourth set is a power set obtained according to a preset rule and granularity;
wherein information of power in the third list, the third set, the fourth list, and the fourth set comprises a relative RSRP.
However, DUAN in the same field of endeavor teaches wherein the power response information of the plurality of or all transmission beams per angle (see figures 6-7, 14, par 0135-0138) 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;
a third set, wherein the third set is a set of at least one angle and power (see figures 6-7, 14, par 0135-0138);
a fourth list, wherein the fourth list is a power list obtained according to a preset rule and granularity; or
a fourth set, wherein the fourth set is a power set obtained according to a preset rule and granularity;
wherein information of power in the third list, the third set, the fourth list, and the fourth set comprises a relative RSRP (see figures 6-7, 14, par 0135-0138).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the positioning method as taught by DUAN to modify the system and method of Bao in order to provide determine the azimuth angle of the UE by comparing the RSRP measurements to the expected RSRP values for each PRS, and use the AoD to calculate a position of the UE (par 0138) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
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 a second communication device (par 0043, 0093-0094);
second beam information (see figure 9); wherein
the second target beam information further comprises at least one of the following:
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; or
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 transmit 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).
Bao discloses all of the subject matter as described above except for specifically teaching wherein the power response information of the plurality of or all transmission beams per angle 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;
a third set, wherein the third set is a set of at least one angle and power;
a fourth list, wherein the fourth list is a power list obtained according to a preset rule and granularity; or
a fourth set, wherein the fourth set is a power set obtained according to a preset rule and granularity;
wherein information of power in the third list, the third set, the fourth list, and the fourth set comprises a relative RSRP.
However, DUAN in the same field of endeavor teaches wherein the power response information of the plurality of or all transmission beams per angle (see figures 6-7, 14, par 0135-0138) 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;
a third set, wherein the third set is a set of at least one angle and power (see figures 6-7, 14, par 0135-0138);
a fourth list, wherein the fourth list is a power list obtained according to a preset rule and granularity; or
a fourth set, wherein the fourth set is a power set obtained according to a preset rule and granularity;
wherein information of power in the third list, the third set, the fourth list, and the fourth set comprises a relative RSRP (see figures 6-7, 14, par 0135-0138).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the positioning method as taught by DUAN to modify the system and method of Bao in order to provide determine the azimuth angle of the UE by comparing the RSRP measurements to the expected RSRP values for each PRS, and use the AoD to calculate a position of the UE (par 0138) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
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 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; wherein the third communication device is a core network 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 transmit 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.
Bao discloses all of the subject matter as described above except for specifically teaching wherein the power response information of the plurality of or all transmission beams per angle 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;
a third set, wherein the third set is a set of at least one angle and power;
a fourth list, wherein the fourth list is a power list obtained according to a preset rule and granularity; or
a fourth set, wherein the fourth set is a power set obtained according to a preset rule and granularity;
wherein information of power in the third list, the third set, the fourth list, and the fourth set comprises a relative RSRP.
However, DUAN in the same field of endeavor teaches wherein the power response information of the plurality of or all transmission beams per angle (see figures 6-7, 14, par 0135-0138) 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;
a third set, wherein the third set is a set of at least one angle and power (see figures 6-7, 14, par 0135-0138);
a fourth list, wherein the fourth list is a power list obtained according to a preset rule and granularity; or
a fourth set, wherein the fourth set is a power set obtained according to a preset rule and granularity;
wherein information of power in the third list, the third set, the fourth list, and the fourth set comprises a relative RSRP (see figures 6-7, 14, par 0135-0138).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the positioning method as taught by DUAN to modify the system and method of Bao in order to provide determine the azimuth angle of the UE by comparing the RSRP measurements to the expected RSRP values for each PRS, and use the AoD to calculate a position of the UE (par 0138) (See KSR Rationale: Combining prior art elements according to known methods to yield predictable results).
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.
MANOLAKOS et al. (US 20240063862) disclose a method for or wireless communication including a receiving entity receives information that characterizes a set of positioning signals to be transmitted by a transmission/reception point (TRP) using a set of transmission beams, the information comprising at least one antenna element radiation pattern, at least one antenna element array configuration, and, for each beam in the set of transmission beams, information identifying at least one precoding matrix. The receiving entity performs measurements of the positioning signals transmitted by the TRP, and calculates at least one positioning measurement estimate based on at least some of the at least one antenna element radiation pattern, the at least one antenna element array configuration, the information identifying at least one precoding matrix, and the positioning measurements. The receiving entity sends positioning information to the TRP. The positioning information may include the at least one positioning measurement estimate.
13. 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.
14. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KABIR A TIMORY/Primary Examiner, Art Unit 2631
Prosecution Insights