DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-26 are pending.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-26 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-31 of U.S. Patent No. 12,082,223 ('223 patent). Although the claims at issue are not identical to that of the ‘223 patent they are not patentably distinct. As shown in the chart below, the differences between claims 1-26 of the current application and claims 1-31 of ‘223 patent would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention.
Current Application
'223 patent
1. A first user equipment for receiving data in a wireless communication system, wherein the first user equipment is configured to receive a positioning reference signal over one or more resources, wherein the first user equipment is one of a plurality of user equipments of the wireless communication system, wherein each of the plurality of user equipments is assigned to a group of two or more groups, wherein each of the plurality of groups comprises two or more of the plurality of user equipments, wherein the first user equipment is configured to receive a configuration message indicating, for each resource element of a plurality of resource elements, which group of the two or more groups is to access said resource element, wherein the first user equipment is configured to receive the positioning reference signal, and is configured to access only those of the plurality of resource elements to which the user equipment belongs according to the configuration information
8. A User Equipment (UE) belonging to a group of UEs, which are assigned the same resource elements (REs);
the group of UEs being configured with a configuration index to schedule a point when a Positioning Reference Signal (PRS) in UpLink (UL) will be transmitted;
the UE being configured to transmit in said assigned resource elements, and the UE being assigned a sequence, wherein the sequences assigned to each UE of the group are different; and
wherein the UE is configured to transmit in REs assigned to the group, wherein the UE is configured to transmit in a subset of the assigned REs according to an activity pattern, and wherein the activity pattern is different from the activity pattern configured to the other UEs of the group.
The ’232 Patent claims fail to teach wherein the UE is configured to receive a positioning reference signal over the REs assigned to the group.
Nevertheless, the use of resources for receiving positional reference signal (i.e., DL-PRS) as an alternative, or in addition, to sending position reference signals (i.e., UL-SRS) were well known in the art prior to the earliest effective filing date of the claimed invention (see for example Manolakos et al. (US 2021/0337531)(“Manolakos”), ¶0030).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to utilize the resource scheduling scheme in R1-1901183 for receiving a positional reference signals (e.g., DL-PRS) as opposed to, or in addition to, sending positional reference signals (e.g., UL-SRS) to achieve the predictable result of receiving positional reference signals (i.e., DL-PRS) transmitted by a base-station/gNB to user groups taught by R1-1901183 in a coordinated fashion.
2. A first user equipment according to claim 1, wherein the plurality of resource elements are resource elements for wideband positioning.
Although not taught by the ‘223 patent claims, R1-1901183 further teaches wherein the plurality of resource elements are resource elements for wideband positioning (see pp. 3, “wideband SRS”, also see pp. 5, “wide bandwidth (subbands) is used”).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to utilize resource elements for wideband positioning. The obvious motivation for doing so would have been for estimating positioning more precisely (see pp. 3 of R1-1901183, “the wideband SRS provides sharper resolution in time, and therefore estimate delays amoing UE gnB pairs more precisely than with narrowband SRS transmission”).
3. A first user equipment according to claim 1, wherein the two or more user equipments of a group of the two or more groups, which share a same resource element of the plurality of resource elements, are separated by a cyclic shift.
Although not taught by the ‘223 patent claims, in the same art of resource element sharing, WANG et al. (US 2018/0302198)(“WANG”) teaches wherein the two or more user equipments of a group of the two or more groups, which share a same resource element of the plurality of resource elements, are separated by a cyclic shift (see abstract).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to modify the teachings of the ‘223 Patent claims to further separate UEs within a group by a cyclic shift. The obvious motivation for doing so would have been to reduce or avoid signal interference.
4. A first user equipment according to claim 1, wherein the two or more user equipments of a group of the two or more groups, which share a same resource element of the plurality of resource elements, are separated by different sequences.
8 … wherein the sequences assigned to each UE of the group are different
5. A first user equipment according to claim 1, wherein each of the plurality of resource elements belongs to a subcarrier of a plurality of subcarriers and to an OFDM symbol of a plurality of OFDM symbols, wherein the configuration message specifies, for each resource element of the plurality of resource elements, which group of the two or more groups is to access said resource element, according to a configuration scheme, by assigning, for each OFDM symbol of the plurality of OFDM symbols, each subcarrier of the plurality of subcarriers to a group of the two or more groups.
As per claim 5, although not taught by the '223 patent claims, R1-1901183 further teaches, wherein each of the plurality of resource elements belongs to a subcarrier of a plurality of subcarriers and to an OFDM symbol of a plurality of OFDM symbols (see pp. 5-6, “In the example above, a set of OFDM symbols in a slot (in the example 3 OFDM symbols) is allocated to UL-PRS), wherein the configuration message (see pp. 4, i.e., “…configured by RRC signaling”) specifies, for each resource element of the plurality of resource elements, which group of the two or more groups is to access said resource element (see pp. 4., i.e., “Each group within the UL-PRS slot is assigned a unique set of resource elements (across time and subcarrier)”, which is impliedly specified by the configuration/RRC signaling), according to a configuration scheme, by assigning, for each OFDM symbol of the plurality of OFDM symbols, each subcarrier of the plurality of subcarriers to a group of the two or more groups (see pp. 5, §2.4, i.e., “the OFDM symbol is shared between different groups according to the ‘COMB structure’’).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to modify the teachings of the ‘223 patent claims with the particular assignment of subcarrier/OFDM symbols to UE groups as taught by R1-1901183. The obvious motivation for doing so would have been to facilitate the coordinated use of RE resources among UE groups.
6. A first user equipment according claim 5,
wherein, for each OFDM symbol of the plurality of OFDM symbols, for each group of the two or more groups, at least one of the plurality of subcarriers is assigned to said group by the configuration scheme.
Although not taught by the '223 patent claims, R1-1901183 further teaches wherein, for each OFDM symbol of the plurality of OFDM symbols, for each group of the two or more groups, at least one of the plurality of subcarriers is assigned to said group by the configuration scheme (see pp. 5, i.e., “The entire OFDM or SC-FDMA symbol is assigned to a group”).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to similarly use a configuration scheme that assigns OFMD symbols to UE groups. The obvious motivation for doing so would have been to support positioning requirements for different UEs.
7. A first user equipment according to claim 6, wherein an assignment of the subcarriers to the two or more groups is changed by the configuration scheme.
Although not taught by the '223 patent claims, R1-1901183 further teaches wherein an assignment of the subcarriers to the two or more groups is changed by the configuration scheme. (see pp. 5, i.e., “the allocation of resources also needs to be flexible”, which a person having ordinary skill in the art would understand as meaning the allocation may be changed).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to similarly use a flexible configuration scheme for assigning REs to UE groups. The obvious motivation for doing so would have been to support flexible assignments of REs for different UEs.
8. A first user equipment according to claim 7, wherein the assignment of the subcarriers to the two or more groups is changed by the configuration scheme periodically with respect to a number of OFDM symbols.
Although not taught by the '223 patent claims, R1-1901183 further teaches wherein the assignment of the subcarriers to the two or more groups is changed by the configuration scheme periodically with respect to a number of OFDM symbols (see pp. 5, i.e., “the allocation of resources also needs to be flexible”. Also see pp. 6, “This reservation is made periodically” which anticipates the assignment of the subcarriers to groups being periodically changed by a configuration scheme with respect to a number of OFDM symbols).
The same motivation that was utilized for combining the ‘223 patent claims and R1-1901183 in claim 7 applies equally well to claim 8.
9. A first user equipment according claim 8,
wherein, for each OFDM symbol of the plurality of OFDM symbols, all subcarriers are assigned by the configuration scheme to a same group of the two or more groups.
Although not taught by the ‘223 patent claims, R1-1901183 further teaches wherein, for each OFDM symbol of the plurality of OFDM symbols, all subcarriers are assigned by the configuration scheme to a same group of the two or more groups (see pp. 5, “the entire OFDM symbol or SC-FDMA symbol is assigned to a group. … Within an OFDM symbol, more than one subbands are assigned to a group”, which anticipates all subbands/subcarriers for an OFDM symbol being assigned to a same group).
The same motivation that was utilized for combining the ‘223 patent claims and R1-1901183 in claim 6 applies equally well to claim 9.
10. A first user equipment according to claim 1, wherein the first user equipment is configured to receive the positioning reference signal via a sidelink.
Although not taught by the '223 patent claims, receiving positional reference signals via a sidelink (e.g., SL PRS) was well known in the art prior to the earliest effective filing date of the claimed invention (see for example, Manolakos, “SL PRS”, ¶0030, ¶0119, and ¶0125).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to receive the positional reference signal via a sidelink. The obvious motivation for doing so would have been to assist with determining positional information of sidelink connected UEs.
Claims 11-26 recite substantially identical subject matter as claims 1-10 and are therefore rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-31 of the '223 patent for the same reasons as illustrated in the table above.
Claim Rejections - 35 USC § 112
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.
Claims 25 and 26 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.
As per claims 25 and 26, the limitation “the method” (i.e., “A non-transitory digital storage medium having a computer program stored thereon to perform the method…”) lacks antecedent basis in the claim. Furthermore, the elements of the method and/or computer program are not clearly defined in claims 25 and 26, as such the scope of the claims are unclear.
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, and 4-26 are rejected under 35 U.S.C. 103 as being unpatentable over FRAUNHOFER IIS, et al., "Aspects of UL-based NR positioning techniques", 3GPPDRAFT; R1-1901183_ NR_POSITIONING_UL, vol. RAN WG1, no. Taipei, Taiwan;20190121 - 20190125, XP051594026, 01/20/2019, cited in Applicant’s 05/13/2024 IDS (“R1-1901183”), in view of Manolakos et al. (US 2021/0337531)(“Manolakos”).
As per claim 1, R1-1901183 teaches a first user equipment for sending data in a wireless communication system (see pp. 4),
wherein the first user equipment is configured to send a positioning reference signal (i.e., UL-PRS) over one or more resources (see pp. 4, “Each group within the UL-PRS slot is assigned a unique set of resource elements (across time and subcarrier)”),
wherein the first user equipment is one of a plurality of user equipments of the wireless communication system (see pp. 4, “The set of UEs configured for transmitting UL-PRS are split into ‘user groups’ (UG)”),
wherein each of the plurality of user equipment is assigned to a group of two or more groups Id., wherein each of the plurality of groups comprises two or more of the plurality of user equipment’s, Id.
wherein the first user equipment is configured to receive a configuration message (see pp. 4, i.e., “…configured by RRC signaling”) indicating, for each resource element of a plurality of resource elements, which group of the two or more groups is to access said resource element (see pp. 4., i.e., “Each group within the UL-PRS slot is assigned a unique set of resource elements (across time and subcarrier)”).
wherein the first user equipment is configured to send the positioning reference signal (i.e., UL-PRS), and is configured to access only those of the plurality of resource elements to which the user equipment belongs according to the configuration information (see pp. 4., i.e., “Each group within the UL-PRS slot is assigned a unique set of resource elements (across time and subcarrier)”).
As per claim 1, R1-1901183 does not expressly teach wherein the first user equipment is configured to receive a positioning reference signal over the one or more resources.
Nevertheless, the use of resources for receiving positional reference signal (i.e., DL-PRS) as an alternative, or in addition, to sending position reference signals (i.e., UL-SRS) were well known in the art prior to the earliest effective filing date of the claimed invention (see for example Manolakos, ¶0030).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to utilize the resource scheduling scheme in R1-1901183 for receiving a positional reference signals (e.g., DL-PRS) as opposed to, or in addition to, sending positional reference signals (e.g., UL-SRS) to achieve the predictable result of receiving positional reference signals (i.e., DL-PRS) transmitted by a base-station/gNB to UE groups in a coordinated fashion.
As per claim 2, R1-1901183 further teaches wherein the plurality of resource elements are resource elements for wideband positioning (see pp. 3, “wideband SRS”, also see pp. 5, “wide bandwidth (subbands) is used”).
As per claim 4, R1-1901183 further teaches wherein the two or more user equipments of a group of the two or more groups, which share a same resource element of the plurality of resource elements, are separated by different sequences (see pp. 4, i.e., “Within a group, a user is separated from another by orthogonal codes”).
As per claim 5, R1-1901183 further teaches, wherein each of the plurality of resource elements belongs to a subcarrier of a plurality of subcarriers and to an OFDM symbol of a plurality of OFDM symbols (see pp. 5-6, “In the example above, a set of OFDM symbols in a slot (in the example 3 OFDM symbols) is allocated to UL-PRS), wherein the configuration message (see pp. 4, i.e., “…configured by RRC signaling”) specifies, for each resource element of the plurality of resource elements, which group of the two or more groups is to access said resource element (see pp. 4., i.e., “Each group within the UL-PRS slot is assigned a unique set of resource elements (across time and subcarrier)”, which is impliedly specified by the configuration/RRC signaling), according to a configuration scheme, by assigning, for each OFDM symbol of the plurality of OFDM symbols, each subcarrier of the plurality of subcarriers to a group of the two or more groups (see pp. 5, §2.4, i.e., “the OFDM symbol is shared between different groups according to the ‘COMB structure’’).
As per claim 6, R1-1901183 further teaches wherein, for each OFDM symbol of the plurality of OFDM symbols, for each group of the two or more groups, at least one of the plurality of subcarriers is assigned to said group by the configuration scheme (see pp. 5, i.e., “The entire OFDM or SC-FDMA symbol is assigned to a group”).
As per claim 7, R1-1901183 further teaches wherein an assignment of the subcarriers to the two or more groups is changed by the configuration scheme (see pp. 5, i.e., “the allocation of resources also needs to be flexible”, which anticipates the allocation may be changed).
As per claim 8, R1-1901183 further teaches wherein the assignment of the subcarriers to the two or more groups is changed by the configuration scheme periodically with respect to a number of OFDM symbols (see pp. 5, i.e., “the allocation of resources also needs to be flexible”, also see pp. 6, “This reservation is made periodically” which anticipates the assignment of the subcarriers to groups being periodically changed by a configuration scheme with respect to a number of OFDM symbols).
As per claim 9, R1-1901183 further teaches wherein, for each OFDM symbol of the plurality of OFDM symbols, all subcarriers are assigned by the configuration scheme to a same group of the two or more groups (see pp. 5, “the entire OFDM symbol or SC-FDMA symbol is assigned to a group. … Within an OFDM symbol, more than one subbands are assigned to a group”, which anticipates all subbands/subcarriers for an OFDM symbol being assigned to a same group).
As per claim 10, R1-1901183 does not expressly teach wherein the first user equipment is configured to receive the positioning reference signal via a sidelink.
Nevertheless, receiving positional reference signals via a sidelink (e.g., SL PRS) was well known in the art prior to the earliest effective filing date of the claimed invention (see for example, Manolakos, “SL PRS”, ¶0030, ¶0119, and ¶0125).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to receive a positional reference signal via a sidelink. The obvious motivation for doing so would have been to assist with determining positional information of sidelink connected UEs.
Claims 11-26 are rejected under the same rationale as claims 1, 2, and 4-10 since they recite substantially identical subject matter. Any differences between the claims do not result in patentably distinct claims and all of the limitations are taught by the above cited art.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over R1-1901183 and Manolakos, in further view of WANG et al. (US 2018/0302198)(“see abstract”).
As per claim 3, R1-1901183 does not expressly teach wherein the two or more user equipments of a group of the two or more groups, which share a same resource element of the plurality of resource elements, are separated by a cyclic shift.
Nevertheless, in the same art of resource element sharing, WANG teaches UEs sharing a same resource element being separated by a cyclic shift (see abstract).
It would have been obvious to a person having ordinary skill in the art, prior to the earliest effective filing date of the claimed invention, to modify the teachings of R1-1901183 to further separate UEs within a group by a cyclic shift. The obvious motivation for doing so would have been to reduce or avoid signal interference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see PTO 892).
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/BRENDAN Y HIGA/Primary Examiner, Art Unit 2441