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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments, see page 11-13, filed on 12/22/2025, with respect to objection to claim 19, 35 U.S.C. 102(a)(2) rejection of claims 1-2, 10-11, 16, and 19-20, and 35 U.S.C. 103 rejection of claims 3-9 have been fully considered and are persuasive. The objection to claim 19, and 35 U.S.C. 103 rejection of claims 3-9 has been withdrawn.
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 3-9, 14 are objected to because of the following informalities:
(1) Regarding claim 3:
Line 4-5 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 8-9 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 14 recites “an event trigger manner”; the examiner suggests changing to “the event trigger manner” since the term was recited in line 13.
(2) Regarding claim 6:
Line 4-5 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 6 recites “the first moment t and a first TEG”; the examiner suggests changing to “a first moment t and the first TEG” since the term was recited in claim 1.
(3) Regarding claim 7:
Line 5 recites “a first TEG”; the examiner suggests changing to “the first TEG” since the term was recited in claim 1.
(4) Regarding claim 9:
Line 2 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 5 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 6 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 10 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 11 recites “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
Line 12-13 recite “an uplink reference signal for positioning”; the examiner suggests changing to “the uplink reference signal for positioning” since the term was recited in claim 1.
(5) Regarding claim 14:
Line2 1-2 recites “the instructing the terminal to measure the resource”; there is a lack of antecedent basis, the examiner suggests changing to “instructing the terminal to measure the resource”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 19-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 18 of copending Application No. 18/506,997 (claims filed on 12/22/2025). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison.
Claim
Instant Application
Claim
US Patent Application 18/506,997
1
A timing error group indication method, comprising:
indicating, by a terminal, first information to a network side device, wherein the first information is used to assist the network side device in performing positioning calculation, and the first information comprises at least one of the following:
a first association relationship, wherein the first association relationship is used to indicate an association relationship between an uplink reference signal for positioning and a first timing error group (TEG); or
a second association relationship, wherein the second association relationship is used to indicate an association relationship between a downlink positioning measurement result and a second TEG; or
receiving, by the terminal, second information sent by the network side device, wherein the second information is used to assist the terminal or the network side device in performing positioning calculation, and the second information is used to indicate that there is an association relationship between a resource set of downlink reference signal for positioning and an antenna port of a transmission and receiving point (TRP) or between a resource of downlink reference signal for positioning and the antenna port of the TRP.
1
A method for positioning processing, comprising:
obtaining, by a terminal, timing error group (TEG) level information, wherein the TEG level information indicates at least one mapping relationship, wherein the at least one mapping relationship comprises at least one of the following:
a timing error threshold corresponding to a TEG level,
a timing error difference threshold corresponding to the TEG level,
a positioning accuracy requirement corresponding to the TEG level, or
configuration information of reference signal for positioning corresponding to the TEG level;
determining, by the terminal, first indication information according to the at least one mapping relationship; and
sending, by the terminal, first indication information, to a first network side device for the first network side device to perform positioning processing associated with the terminal based on the first indication information,
wherein the first indication information is indicates at least one of the following:
an association between a reference signal for uplink positioning and a TEG, or
an association between a positioning measurement result and the TEG.
2
The timing error group indication method according to claim 1, wherein before indicating, by the terminal, the first information to the network side device, the method further comprises:
receiving, by the terminal, a first request message sent by the network side device, wherein the first request message is used to request the terminal to indicate the first information.
5
The method according to claim 1, further comprising:
receiving, by the terminal, request information from the first network side device, wherein the request information is used to request the terminal to provide the first indication information or TEG capability information.
19
A terminal, comprising a processor, a memory, and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction is executed by the processor to implement operations comprising:
indicating, by the terminal, first information to a network side device, wherein the first information is used to assist the network side device in performing positioning calculation, and the first information comprises at least one of the following:
a first association relationship, wherein the first association relationship is used to indicate an association relationship between an uplink reference signal for positioning and a first timing error group (TEG); or
a second association relationship, wherein the second association relationship is used to indicate an association relationship between a downlink positioning measurement result and a second TEG; or
receiving, by the terminal, second information sent by the network side device, wherein the second information is used to assist the terminal or the network side device in performing positioning calculation, and the second information is used to indicate that there is an association relationship between a resource set of downlink reference signal for positioning and an antenna port of a transmission and receiving point (TRP) or between a resource of downlink reference signal for positioning and the antenna port of the TRP.
18
A terminal, comprising: a memory storing a computer program; and a processor coupled to the memory and configured to execute the computer program to perform operations comprising:
obtaining timing error group (TEG) level information, wherein the TEG level information indicates at least one mapping relationship, wherein the at least one mapping relationship comprises at least one of the following:
a timing error threshold corresponding to a TEG level,
a timing error difference threshold corresponding to the TEG level,
a positioning accuracy requirement corresponding to the TEG level, or
configuration information of reference signal for positioning corresponding to the TEG level;
determining first indication information according to the at least one mapping relationship; and
sending the first indication information, to a first network side device for the first network side device to perform positioning processing associated with the terminal based on the first indication information,
wherein the first indication information indicates at least one of the following:
an association between a reference signal for uplink positioning and a timing error group (TEG); or
an association between a positioning measurement result and the TEG.
20
A non-transitory computer-readable storage medium, storing a computer program or instruction, when the computer program or instruction is executed by a processor, causes the processor to implement operations comprising:
indicating, by a terminal, first information to a network side device, wherein the first information is used to assist the network side device in performing positioning calculation, and the first information comprises at least one of the following:
a first association relationship, wherein the first association relationship is used to indicate an association relationship between an uplink reference signal for positioning and a first timing error group (TEG); or
a second association relationship, wherein the second association relationship is used to indicate an association relationship between a downlink positioning measurement result and a second TEG; or
receiving, by the terminal, second information sent by the network side device, wherein the second information is used to assist the terminal or the network side device in performing positioning calculation, and the second information is used to indicate that there is an association relationship between a resource set of downlink reference signal for positioning and an antenna port of a transmission and receiving point (TRP) or between a resource of downlink reference signal for positioning and the antenna port of the TRP.
18
A terminal, comprising: a memory storing a computer program; and a processor coupled to the memory and configured to execute the computer program to perform operations comprising:
obtaining timing error group (TEG) level information, wherein the TEG level information indicates at least one mapping relationship, wherein the at least one mapping relationship comprises at least one of the following:
a timing error threshold corresponding to a TEG level,
a timing error difference threshold corresponding to the TEG level,
a positioning accuracy requirement corresponding to the TEG level, or
configuration information of reference signal for positioning corresponding to the TEG level;
determining first indication information according to the at least one mapping relationship; and
sending the first indication information, to a first network side device for the first network side device to perform positioning processing associated with the terminal based on the first indication information,
wherein the first indication information indicates at least one of the following:
an association between a reference signal for uplink positioning and a timing error group (TEG); or
an association between a positioning measurement result and the TEG.
(1) Regarding claim 1:
Claim 1 of US Patent application 18/506,997 filed on 2/5/2026 discloses one of the options of claim 1, thus satisfied the claimed limitation of claim 1 as shown in the above comparison.
(2) Regarding claim 2:
Claim 5 of US Patent application 18/506,997 filed on 2/5/2026 discloses all limitation of claim 2 as shown in above comparison.
(3) Regarding claim 19:
Claim 18 of US Patent application 18/506,997 filed on 2/5/2026 discloses one of the options of claim 19, thus satisfied the claimed limitation of claim 19 as shown in the above comparison.
(4) Regarding claim 20:
Claim 18 of US Patent application 18/506,997 filed on 2/5/2026 discloses one of the options of claim 20, thus satisfied the claimed limitation of claim 19 as shown in the above comparison.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by NPL (3GPP TSG RAN WG1 Meeting #104-e, R1-2102204, dated January 25 – February 5, 2021).
(1) Regarding claim 1:
NPL discloses a timing error group indication method, comprising:
indicating, by a terminal, first information to a network side device (LMF), wherein the first information is used to assist the network side device in performing positioning calculation (provide LMF the Tx timing delays of RF chains of the UE for transmitting SRS Pos, or the difference of the Tx timing delays of RF chains between UE Tx RF chain with index=m and index =n, page 30, proposal 3), and the first information comprises at least one of the following:
a first association relationship (Tx timing delays of RF chains of the UE for transmitting SRS Pos), wherein the first association relationship is used to indicate an association relationship between an uplink reference signal for positioning and a first timing error group (TEG) (provide LMF the Tx timing delays of RF chains of the UE for transmitting SRS Pos, or the difference of the Tx timing delays of RF chains between UE Tx RF chain with index=m and index =n, page 30, proposal 3; page 65, Proposal 3-3, option 2, Support a UE to provide the association information of SRS resource for positioning with UE Tx TEG(s) to LMF for UL TDOA positioning); or
a second association relationship, wherein the second association relationship is used to indicate an association relationship between a downlink positioning measurement result and a second TEG; or
receiving, by the terminal, second information sent by the network side device, wherein the second information is used to assist the terminal or the network side device in performing positioning calculation, and the second information is used to indicate that there is an association relationship between a resource set of downlink reference signal for positioning and an antenna port of a transmission and receiving point (TRP) or between a resource of downlink reference signal for positioning and the antenna port of the TRP.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over NPL (3GPP TSG RAN WG1 Meeting #104-e, R1-2102204, dated January 25 – February 5, 2021) in view of Bao et al. (US 2022/0065979 A1 with effective filing date of provisional application 63/073,848 on 9/2/2020).
(1) Regarding claim 19:
NPL discloses a timing error group indication method, comprising:
indicating, by a terminal, first information to a network side device (LMF), wherein the first information is used to assist the network side device in performing positioning calculation (provide LMF the Tx timing delays of RF chains of the UE for transmitting SRS Pos, or the difference of the Tx timing delays of RF chains between UE Tx RF chain with index=m and index =n, page 30, proposal 3), and the first information comprises at least one of the following:
a first association relationship (Tx timing delays of RF chains of the UE for transmitting SRS Pos), wherein the first association relationship is used to indicate an association relationship between an uplink reference signal for positioning and a first timing error group (TEG) (provide LMF the Tx timing delays of RF chains of the UE for transmitting SRS Pos, or the difference of the Tx timing delays of RF chains between UE Tx RF chain with index=m and index =n, page 30, proposal 3; page 65, Proposal 3-3, option 2, Support a UE to provide the association information of SRS resource for positioning with UE Tx TEG(s) to LMF for UL TDOA positioning); or
a second association relationship, wherein the second association relationship is used to indicate an association relationship between a downlink positioning measurement result and a second TEG; or
receiving, by the terminal, second information sent by the network side device, wherein the second information is used to assist the terminal or the network side device in performing positioning calculation, and the second information is used to indicate that there is an association relationship between a resource set of downlink reference signal for positioning and an antenna port of a transmission and receiving point (TRP) or between a resource of downlink reference signal for positioning and the antenna port of the TRP.
NPL fails to disclose a terminal comprising a processor, a memory, and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction is executed by the processor to implement the method.
However, in the same field of endeavor, Bao discloses a terminal (UE 105 in figure 8) comprising a processor (processor 810 in figure 8), a memory (memory 860 in figure 8), and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction is executed by the processor to implement a method (The memory 860 of the UE 105 also can comprise software elements (not shown in FIG. 8), including an operating system, device drivers, executable libraries, and/or other code, such as one or more application programs, which may comprise computer programs provided by various embodiments, and/or may be designed to implement methods, and/or configure systems, provided by other embodiments, as described herein. Merely by way of example, one or more procedures described with respect to the method(s) discussed above may be implemented as code and/or instructions in memory 860 that are executable by the UE 105 (and/or processor(s) 810 or DSP 820 within UE 105), para. 0097).
It is desirable to have a terminal comprising a processor, a memory, and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction is executed by the processor to implement the method because the implemented software would perform same function of the hardware for less expense, adaptability, and flexibility. Therefore, it would have been obvious to have used the terminal as taught by Bao to implement the method of NPL for the benefit for reducing cost and improving the adaptability and flexibility of the communication system.
(2) Regarding claim 20:
NPL discloses a timing error group indication method, comprising:
indicating, by a terminal, first information to a network side device (LMF), wherein the first information is used to assist the network side device in performing positioning calculation (provide LMF the Tx timing delays of RF chains of the UE for transmitting SRS Pos, or the difference of the Tx timing delays of RF chains between UE Tx RF chain with index=m and index =n, page 30, proposal 3), and the first information comprises at least one of the following:
a first association relationship (Tx timing delays of RF chains of the UE for transmitting SRS Pos), wherein the first association relationship is used to indicate an association relationship between an uplink reference signal for positioning and a first timing error group (TEG) (provide LMF the Tx timing delays of RF chains of the UE for transmitting SRS Pos, or the difference of the Tx timing delays of RF chains between UE Tx RF chain with index=m and index =n, page 30, proposal 3; page 65, Proposal 3-3, option 2, Support a UE to provide the association information of SRS resource for positioning with UE Tx TEG(s) to LMF for UL TDOA positioning); or
a second association relationship, wherein the second association relationship is used to indicate an association relationship between a downlink positioning measurement result and a second TEG; or
receiving, by the terminal, second information sent by the network side device, wherein the second information is used to assist the terminal or the network side device in performing positioning calculation, and the second information is used to indicate that there is an association relationship between a resource set of downlink reference signal for positioning and an antenna port of a transmission and receiving point (TRP) or between a resource of downlink reference signal for positioning and the antenna port of the TRP.
NPL fails to disclose a non-transitory computer-readable storage medium, storing a computer program or instruction, when the computer program or instruction is executed by a processor, causes the processor to implement the above operation.
However, Bao discloses an UE comprises memory 860 of the UE 105 also can comprise software elements (not shown in FIG. 8), including an operating system, device drivers, executable libraries, and/or other code, such as one or more application programs, which may comprise computer programs provided by various embodiments, and/or may be designed to implement methods, and/or configure systems, provided by other embodiments, as described herein. Merely by way of example, one or more procedures described with respect to the method(s) discussed above may be implemented as code and/or instructions in memory 860 that are executable by the UE 105 (and/or processor(s) 810 or DSP 820 within UE 105), para. 0079.
It is desirable to have a non-transitory computer-readable storage medium, storing a computer program or instruction, when the computer program or instruction is executed by a processor, causes the processor to implement the above operation because the implemented software would perform same function of the hardware for less expense, adaptability, and flexibility. Therefore, it would have been obvious to have used the terminal as taught by Bao to implement the method of NPL for the benefit for reducing cost and improving the adaptability and flexibility of the communication system.
Allowable Subject Matter
Claims 3-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cha et al. (US 2023/0300777 A1) discloses method for transmitting and receiving signal in wireless communication system, and apparatus supporting same.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIU M LEE whose telephone number is (571)270-1083. The examiner can normally be reached M-T 8:30-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIU M LEE/Primary Examiner, Art Unit 2632 3/11/2026