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 .
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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Claims 1, 2, 8-10, 15-17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2019/0223140 to Grossmann et al. (“Grossmann”) in view of U.S. Patent Publication No. 2008/0240718 to Werner et al. (“Werner”) and U.S. Patent Publication No. 2019/0190806 to Bhushan et al. (“Bhushan”).
As to claim 19 (and similarly applied to claims 1, 9, and 16), Grossmann discloses a transmit end (Fig. 5, BS with antenna 114; ¶0029), wherein the transmit end comprises: a transmitter configured to transmit at least one … beam to a receive end (Fig. 5, BS with antenna 114; ¶0029), wherein the at least one … beam comprises first curve information, and wherein the first curve information indicates a first trajectory of a first … beam on which a transmit end is located (Fig. 5, PRS_1 116_1; ¶¶0029-0030, "On the basis of the VCID, which is obtained at the UE, the angle of departure (AoD) of the beam cone at the base station Is derived, either from the transmitted information of by accessing a database" and ¶0035, "The UE may estimate, in addition to the TOA of each detected specular path component, the angle of arrival (AoA—azimuth and elevation) of the path component"); a receiver (Fig. 5, BS with antenna 114; and Fig. 8, ANT_TX; ¶0029 and ¶0048, "The position may be estimated at the receiver RX, at the transmitter or at a location server of the wireless communication network. In the latter cases, the TOAs and identifiers may be communicated to the transmitter/location server via the radio link 252". Examiner notes that, although it is labeled a "transmitter" TX, the antenna(s) 114 and/or ANT_TX of Figs. 5 and 8, respectively, are configured to receive, from the receive end (i.e., receiver RX) the feedback information) configured to receive, from the receive end, feedback information for the at least one … beam, wherein the feedback information is based on the first curve information, wherein the feedback information comprises second curve information and first time information, wherein the first time information comprises a first receiving time at which the receive end receives … beam … and wherein the second curve information indicates a second trajectory of the … beam on which the receive end is located (Fig. 5; ¶0032 and ¶0035, "When the positioning algorithm is to be performed at the location server or the base station, the UE may report the estimated AoAs, the TOAs and the PRS sequence ID for each detected path component to the base station/location server"); and a processor coupled to the transmitter and the receiver (Fig. 8, signal processor 256; ¶¶0048-0049) and configured to: … calculate a first position of the receive end based on the first time information … and the second curve information (Fig. 5; ¶0032 and ¶0035, "When the positioning algorithm is to be performed at the location server or the base station, the UE may report the estimated AoAs, the TOAs and the PRS sequence ID for each detected path component to the base station").
Grossmann does not disclose: that the beam(s) are non-diffracting beam(s); a first transmitting time at which the receive end transmits the feedback information; obtain second time information, wherein the second time information comprises a second transmitting time at which the transmit end transmits the … beam and a second receiving time at which the transmit end receives the feedback information; and calculate the position of the receive end based on the second time information.
However, Werner discloses: that the beam(s) are non-diffracting beam(s) (Fig. 1 and ¶¶0020-0024; see also ¶0009).
Additionally, Bhushan discloses: a first transmitting time at which the receive end transmits the feedback information (Fig. 5B, Tx1; ¶¶0087-0088, "With variant V2, the times Rx0 and Tx1 at E2 554 (or values indicative of the times Rx0 and Tx1 such as (Rx0−Tx1)) are sent in a separate message (e.g., an RRC message) from the UE to a serving gNB when E2 554 is the UE"); obtain second time information, wherein the second time information comprises a second transmitting time at which the transmit end transmits the … beam (Fig. 5B, Tx0; ¶¶0087-0088) and a second receiving time at which the transmit end receives the feedback information (Fig. 5B, Rx1; ¶¶0087-0088); and calculate the position of the receive end based on the second time information (Fig. 5B, Tx0 and Rx1; ¶¶0087-0088; see also ¶0116).
Grossmann. Werner, and Bhushan are considered to be similar to the claimed invention because they are in one or more of the same fields of: communications systems and signal transmission communications systems; locating users, terminals, or network equipment; network planning and deployment, e.g. cell structures and beam steering; and/or location-based management or tracking services. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grossmann to incorporate the teachings of Werner to include: that the beam(s) are non-diffracting beam(s). Doing so would mitigate the effects of turbulence (i.e., "all of the various artifacts in the free-space atmospheric transmission path that operate to shorten the operable transmission path between transmitter and receiver and/or attenuate the quality of the communication signal detectable at the receiver" (Werner, ¶0002)) in a free-space communications system, thus "increasing free-space communications distances and received signal quality … while providing better performance for less cost" (Werner, ¶¶0006-0007). Additionally, it would be obvious to combine the teachings of Werner with those of Grossmann as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grossmann to incorporate the teachings of Bhushan to include: a first transmitting time at which the receive end transmits the feedback information; obtain second time information, wherein the second time information comprises a second transmitting time at which the transmit end transmits the … beam and a second receiving time at which the transmit end receives the feedback information; and calculate the position of the receive end based on the second time information. Including RTT (i.e., timestamps of transmission and reception of positioning and other signals) in the positioning method would "improve a location estimate … as is well known in the art" (Bhushan, ¶0076). Additionally, it would be obvious to combine the teachings of Bhushan with those of Grossmann as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
As to claim 20 (and similarly applied to claims 2, 10, and 17), Grossmann in view of Werner and Bhushan discloses the transmit end according to claim 19, wherein the feedback information further comprises signal strength (Grossmann, ¶0037), and wherein the processor is further configured to select the second curve information and the first time information based on to the highest signal strength (Grossmann, ¶0039; based on the received signal power, beam cones are steered (i.e., selected) to a specific direction, and the direction corresponds to the different angle and time measurements of that signal trajectory).
As to claim 8 (and similarly applied to claim 15), Grossmann in view of Werner and Bhushan discloses the positioning method according to claim 1, wherein before transmitting the non-diffracting (Werner, Fig. 1 and ¶¶0020-0024; see also ¶0009) beams, the positioning method further comprises: establishing a communication connection to the receive end; identifying a first area in which the receive end is located based on the communication connection; and identifying transmitting areas of the non-diffracting (Werner, Fig. 1 and ¶¶0020-0024; see also ¶0009) beams based on the first area (Grossman, Fig. 5, spatial region 118; ¶¶0029-0030).
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Claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Grossmann in view of Werner and Bhushan and further in view of Miao et al., “Positioning for NLOS propagation: algorithm derivations and Cramer-Rao bounds” (“Miao”).
As to claim 3 (and similarly applied to claim 18), Grossmann in view of Werner and Bhushan discloses the positioning method according to claim 1, and non-diffracting beam(s) (Werner, Fig. 1 and ¶¶0020-0024; see also ¶0009).
Grossmann in view of Werner and Bhushan does not disclose: wherein calculating the first position comprises: obtaining, based on the second curve information, curve equations of trajectories of … beams on which the receive end is located; and calculating the first position based on the curve equations.
However, Miao discloses: wherein calculating the first position comprises: obtaining, based on the second curve information, curve equations of trajectories of non-diffracting (Werner, Fig. 1 and ¶¶0020-0024; see also ¶0009) beams on which the receive end is located; and calculating the first position based on the curve equations (Section III.A., equations 1-7; pp. 2570-2571).
Grossmann, Werner, Bhushan, and Miao are considered to be similar to the claimed invention because they are in one or more of the same fields of: communications systems and signal transmission communications systems; locating users, terminals, or network equipment; network planning and deployment, e.g. cell structures and beam steering; and/or location-based management or tracking services. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grossmann in view of Werner and Bhushan to incorporate the teachings of Miao to include: wherein calculating the first position comprises: obtaining, based on the second curve information, curve equations of trajectories of … beams on which the receive end is located; and calculating the first position based on the curve equations. Doing so would allow for "localization techniques [that] may benefit from the NLoS channel propagation by exploiting the geometrical relationship of possible UE locations implied by the NLoS path components" (Grossmann, ¶0010). Additionally, it would be obvious to combine the teachings of Miao with those of Grossmann as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results. Finally, Grossmann specifically references Miao in ¶0010, so it is clear that Grossmann was aware of and would be motivated to combine the teachings of Miao.
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Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Grossmann in view of Werner and Bhushan and further in view of U.S. Patent Publication No. 2017/0332249 to Guey et al. (“Guey”).
As to claim 7 (and similarly applied to claim 14), Grossmann in view of Werner and Bhushan discloses the positioning method according to claim 1, an non-diffracting beam(s) (Werner, Fig. 1 and ¶¶0020-0024; see also ¶0009).
Grossmann in view of Werner and Bhushan does not disclose: adjusting a modulation range of a spatial modulator to increase a main lobe width of the first … beam.
However, Guey discloses: adjusting a modulation range of a spatial modulator to increase a main lobe width of the first … beam (Fig. 1 and ¶0020).
Grossmann, Werner, Bhushan, and Guey are considered to be similar to the claimed invention because they are in one or more of the same fields of: communications systems and signal transmission communications systems; locating users, terminals, or network equipment; network planning and deployment, e.g. cell structures and beam steering; and/or location-based management or tracking services. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grossmann in view of Werner and Bhushan to incorporate the teachings of Guey to include: adjusting a modulation range of a spatial modulator to increase a main lobe width of the first … beam. Doing so would allow "the forming of beam pattern [to] be adjusted with desirable beamwidth"(Guey, ¶0028) which would allow for a "beamwidth [that] is wider than the one generated by … conventional configuration, e.g., to broaden the coverage area of the beam" (Guey, ¶0004). Additionally, it would be obvious to combine the teachings of Guey with those of Grossmann as there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
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Allowable Subject Matter
Claims 4-6 and 11-13 are objected to as being dependent upon various rejected base claim(s), but would be allowable if rewritten in independent form including all of the limitations of their respective base claim and any intervening claims.
References Cited
Bhushan, Naga et al. (2019). Systems and methods for multiple round trip time (rtt) estimation in wireless networks (US 2019/0190806 A1). Filed 2018-12-17.
Grossmann, Marcus et al. (2019). User equipment localization in a mobile communication network (US 2019/0223140 A1). Filed 2019-03-20.
Guey, Jiann-Ching et al. (2017). Methods and apparatus for generating beam pattern with wider beam width in phased antenna array (US 2017/0332249 A1). Filed 2017-05-08.
Miao et al., “Positioning for NLOS propagation: Algorithm derivations and Cramer-Rao bounds,” IEEE Trans. Veh. Technol., vol. 56, no. 5, pp. 2568-2580, 2007.
Werner, Walter V. et al. (2008). Free-space communications system and method (US 2008/0240718 A1). Filed 2007-04-02.
Other Pertinent References
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Aharoni, Abraham et al. (2015). Friend or foe identification system and method (US 20150168554 A1). Filed 2013-08-08.
Bucklew, Victor G. et al. (2022). Underwater communications system having selectable beam and associated methods (US 20220321229 A1). Filed 2021-03-31.
Dudorov, Sergey Nikolaevich et al. (2015). Method and apparatus for generating electromagnetic beams (US 20150372398 A1). Filed 2015-06-26.
Johnson, Eric et al. (2025). Tunable orbital angular momentum system (US 20250164851 A1). Filed 2024-09-11.
Kumar, Akash et al. (2020). Positioning enhancements for locating a mobile device in a wireless network (US 20200145977 A1). Filed 2019-10-30.
Motley, Cecil F. (2015). Extended range undersea communication system (US 20150098705 A1). Filed 2013-10-09.
Singh, Vikram et al. (2024). Method of positioning a node in a cellular network (US 20240196361 A1). Filed 2022-03-04.
Sundararajan, Jay Kumar et al. (2022). Reporting measurement distribution for positioning (US 20220061014 A1). Filed 2021-07-31.
Stirling-Gallacher, Richard et al. (2018). System and method for network positioning of devices in a beamformed communications system (US 20180324738 A1). Filed 2017-05-05.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL H LEONARD whose telephone number is (571)272-5720. The examiner can normally be reached Monday – Friday, 7am – 4pm (PT).
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/SAMUEL H. LEONARD/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649