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 .
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 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.
DETAILED ACTION
1. The application of Fischer et al. for the "SYSTEMS AND METHODS FOR A SIDELINK POSITIONING PROTOCOL" filed 02/15/2024 has been examined. This application Claims Priority from Provisional Application 63485378, filed 02/16/2023, from Provisional Application 63494721, filed 04/06/2023 and from Provisional Application 63501664, filed 05/11/2023. Responsive to the restriction requirement filed on 04/20/2026, affirmation of the election has been made by applicant, and a provisional election was made without traverse to prosecute the invention of group I, claims 1-22. Claims 23-30 are withdrawn from further consideration by the Examiner, 37 C.F.R.' 1.142(b), as being drawn to a non-elected invention. Claims 1-22 are pending in the present application.
2. The applicant should use this period for response to thoroughly and very closely proof read and review the whole of the application for correct correlation between reference numerals in the textual portion of the Specification and Drawings along with any minor spelling errors, general typographical errors, accuracy, assurance of proper use for Trademarks TM, and other legal symbols @, where required, and clarity of meaning in the Specification, Drawings, and specifically the claims (i.e., provide proper antecedent basis for “the'' and “said'' within each
claim). Minor typographical errors could render a Patent unenforceable and so the applicant is
strongly encouraged to aid in this endeavor.
Claim Rejections - 35 USC § 103
3. 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.
4. This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103, the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103 and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103.
5. Claims 1-5, 8-15, 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US#2022/0236365) in view of Li et al. (US#2024/0224302).
Regarding claim 1, the references disclose a system and method for performing sidelink positioning in wireless communication system, according to the essential features of the claim. Ko et al. (US#2022/0236365) discloses a method of operating an initiator user equipment (UE), comprising: transmitting a first request to create a sidelink positioning protocol (SLPP) session to each recipient UE among a set of one or more recipient UEs (para [0182]-[0185]: exchanging a plurality of SL positioning protocol SLPP messages with other UEs - sidelink/protocol messages); receiving a first response from each recipient UE of the set of one or more recipient UEs, wherein each first response indicates an acceptance or rejection of the SLPP session by the respective recipient UE (Fig. 18; para [0169]-[0180]: initialization process related to sidelink positioning between a target UE and a server UE, wherein the UE may determine whether to accept/reject the participation in sidelink positioning); determining a group of one or more UEs for participation in the SLPP session from among recipient UEs from which a respective first response that indicates the acceptance of the SLPP session is received (Fig. 17; para [0161]: in step S1710, the target UE may determine a plurality of server UEs to participate in a positioning process of the target UE from among its neighboring UEs. For example, the target UE may perform a sidelink positioning initialization process with respect to the first server UE, the second server UE, the third server UE, and the fourth server UE, which are neighboring UEs. The target UE may determine the first server UE, the second server UE, and the third server UE as server UEs to participate in the positioning process of the target UE); transmitting a second request to start the SLPP session to the group of one or more UEs; and receiving a second response from each UE of the group of one or more UEs (Figs. 18-20; para [0169]-[0170] & [0182], [0185]: in step S1810, the target UE may transmit a sidelink positioning request to each of the first server UE, the second server UE, the third server UE, and the fourth server UE, and In step S1820, the target UE may receive a response accepting the sidelink positioning from each of the first server UE).
However, Ko reference does not disclose expressly wherein each second response acknowledges the second request. In the same field of endeavor, Li et al. (US#2024/0224302) teaches for sidelink control information of sidelink reference signal in a wireless communication system, in which the UE can be indicated by an SCI format scheduling a PSSCH reception to transmit a PSFCH with HARQ-ACK information in response to the PSSCH reception. The UE provides HARQ-ACK information that includes ACK or NACK, or only NACK (para [0039]-[0040]: UE Procedure for Receiving PSFCH with Control Information).
Thus, It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Li’s sidelink control information of sidelink reference signal into Ko’s procedure of an initialization process related to sidelink positioning between a target UE and a server UE with the motivation being to provide a method and system for providing the location of one or more UEs using RF signals transmitted between UEs based on SL communication.
Regarding claim 2, Ko et al. in view of Li et al. teaches the apparatus of claim 1 as set forth above, Ko et al. further teach wherein the first/second request/response is transmitted/received via unicast, groupcast, or broadcast, or a combination thereof (Fig. 11; para [0115]: broadcast-type/unicast-type/groupcast-type SL communications).
Regarding claim 3, Ko et al. in view of Li et al. teaches the apparatus of claim 1 as set forth above, Ko et al. further teach wherein the first request comprises a session identifier associated with the SLPP session (para [0185]: provide assistance data for the SLPP session).
Regarding claim 4, Ko et al. in view of Li et al. teaches the apparatus of claim 1 as set forth above, Ko et al. further teach wherein the first request comprises a Layer -2 (L2) group identifier associated with the SLPP session (para [0185]: provide assistance data for the SLPP).
Regarding claim 5, Ko et al. in view of Li et al. teaches the apparatus of claim 1 as set forth above, Ko et al. further teach wherein the group of one or more UEs includes/omits each/one or more recipient UE that indicates the acceptance/rejection of the SLPP session via a respective first response (Fig. 18; para [0170]-[0176]: determine whether to accept/reject the participation in sidelink positioning).
Regarding claim 8, Ko et al. in view of Li et al. teaches the apparatus of claim 1 as set forth above, Ko et al. further teach wherein the second request comprises Layer -2 (L2) and application layer identifiers associated with the SLPP session, a UE identifier associated with the initiator UE, and a UE identifier associated with each UE in the group of one or more UEs (Fig. 18; para [0169]-[0180]: initialization process related to sidelink positioning between a target UE and a server UE).
Regarding claim 9, Ko et al. in view of Li et al. teaches the apparatus of claim 1 as set forth above, Ko et al. further teach wherein obtaining a set of sidelink positioning reference signal (SL-PRS) measurements associated with the SLPP session; and determining a position estimate for the initiator UE, one or more UEs in the group of one or more UEs, or a combination thereof, based on the set of SL-PRS measurements (Fig. 21; para [0157]-[0159] & [0189]-[0192]: target UE transmits at least one PRS and a plurality of server UEs receive the at least one PRS to estimate a location of the target UE).
Regarding claim 10, Ko et al. in view of Li et al. teaches the apparatus of claim 1 as set forth above, Ko et al. further teach wherein one or more position estimates for the one or more UEs are determined and transmitted to the one or more UEs (para [0189]-[0192]: estimate the location of the UE based on the mutual communication of the UEs).
.
Claim Rejections - 35 USC § 102
6. 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.
7. Claims 11-12 are rejected under 35 U.S.C 102(a)(1) as being Anticipated by Ko et al. (US#2022/0236365).
As to claim 11, Ko et al. (US#2022/0236365) discloses a method of operating a recipient user equipment (UE), comprising: receiving a first request to create a sidelink positioning protocol (SLPP) session from an initiator UE (Fig. 19-20; para [0161], [0185], [0198]: procedure for a target UE to request information on a capability of a UE related to sidelink positioning from a plurality of server UEs - initialization and positioning); and transmitting a first response to the initiator UE indicates an acceptance or rejection of the SLPP session by the recipient UE (Fig. 18; para [0169]-[0180]: initialization process related to sidelink positioning between a target UE and a server UE, wherein the UE may determine whether to accept/reject the participation in sidelink positioning).
As to claim 12, Ko et al. (US#2022/0236365) further teach the first response indicates the acceptance of the SLPP session by the recipient UE (Fig. 18; para [0170]-[0173]: the target UE may receive a response accepting the sidelink positioning from each of the first server UE).
8. Claims 13-15, 18-22 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ko et al. (US#2022/0236365) as applied to the claims above and further in view of in view of Li et al. (US#2024/0224302).
Regarding claim 13, the references disclose a novel system and apparatus for performing sidelink positioning in wireless communication system, according to the essential features of the claims. Ko et al. (US#2022/0236365) discloses a method for operating a recipient UE as examined in the paragraph 7 above. Ko further teaches wherein receiving a second request to start the SLPP session from the initiator UE (para [0161], [0185]: initialization and positioning). However, Ko reference does not disclose expressly wherein transmitting a second response that acknowledges the second request. In the same field of endeavor, Li et al. (US#2024/0224302) teaches for sidelink control information of sidelink reference signal in a wireless communication system, in which the UE can be indicated by an SCI format scheduling a PSSCH reception to transmit a PSFCH with HARQ-ACK information in response to the PSSCH reception. The UE provides HARQ-ACK information that includes ACK or NACK, or only NACK (para [0039]-[0040]: UE Procedure for Receiving PSFCH with Control Information).
Thus, It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Li’s sidelink control information of sidelink reference signal into Ko’s procedure of an initialization process related to sidelink positioning between a target UE and a server UE with the motivation being to provide a method and system for providing the location of one or more UEs using RF signals transmitted between UEs based on SL communication.
Regarding claim 14, Ko et al. in view of Li et al. teaches the apparatus of claim 11 as set forth above, Ko et al. further teach wherein the second request/response is received/transmitted via unicast, groupcast, or broadcast, or any combination thereof (Fig. 11; para [0115]: broadcast-type/unicast-type/groupcast-type SL communications).
Regarding claim 15, Ko et al. in view of Li et al. teaches the apparatus of claim 11 as set forth above, Ko et al. further teach wherein the second request comprises Layer -2 (L2) and application layer identifiers associated with the SLPP session, a UE identifier associated with the initiator UE, and a UE identifier associated with each UE in a group of one or more UEs associated with the SLPP session (para [0185]: provide assistance data for the SLPP session).
Regarding claim 18, Ko et al. in view of Li et al. teaches the apparatus of claim 11 as set forth above, Ko et al. further teach wherein transmitting sidelink positioning reference signal (SL-PRS) measurements associated with the SLPP session to the initiator UE (Fig. 21; para [0157]-[0159] & [0189]-[0192]: target UE transmits at least one PRS and a plurality of server UEs receive the at least one PRS to estimate a location of the target UE).
Regarding claim 19, Ko et al. in view of Li et al. teaches the apparatus of claim 11 as set forth above, Ko et al. further teach wherein receiving a position estimate of the recipient UE from the initiator UE (para [0189]-[0192]: estimate the location of the UE based on the mutual communication of the UEs).
Regarding claim 20, Ko et al. in view of Li et al. teaches the apparatus of claim 11 as set forth above, Ko et al. further teach wherein the first request/response is received/transmitted via unicast, groupcast, or broadcast, or any combination thereof (Fig. 11; para [0115]: broadcast-type/unicast-type/groupcast-type SL communications).
Regarding claim 21, Ko et al. in view of Li et al. teaches the apparatus of claim 11 as set forth above, Ko et al. further teach wherein the first request comprises a session identifier associated with the SLPP session (para [0185]: provide assistance data for the SLPP session).
Regarding claim 22, Ko et al. in view of Li et al. teaches the apparatus of claim 11 as set forth above, Ko et al. further teach wherein the first request comprises a set of group identifiers associated with the SLPP session (para [0185]: provide assistance data for the SLPP session).
Allowable Subject Matter
9. Claims 6, 16 are objected to as being dependent upon a rejected base claims, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 7, 17 depend on the objected claims above.
10. The following is an examiner's statement of reasons for the indication of allowable subject matter: The closest prior art of record fails to disclose or suggest wherein transmitting a third request to modify the SLPP session to the group of one or more UEs and to any new recipient UE to be added to the group of one or more UEs which indicates whether the respective recipient UE will be included or excluded in the modified SLPP session associated with a modified group of one or more UEs, as specifically recited in the claims.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Baek et al. (US#2023/0062805) is cited to show pre-configured PRS transmission method for sidelink positioning and apparatus thererfor.
The Nam et al. (US#2026/0107249) shows method for performing sidelink positioning in wireless communication system.
The Kunz et al. (US#2024/0276212) shows protecting broadcast ranging and positioning messages over sidelink interface.
The Saur et al. (US#2019/0230618) shows using sidelink information in radio based positioning.
The Edge (US#2024/0057027) shows systems and methods for modes of sidelink positioning of mobile devices.
The Fischer et al. (US#2024/0057015) sidelink positioning protocol (SLPP) procedures.
The Vassilovski et al. (US#2023/0266423) shows apparatus and methods for sidelink-based positioning in unicast session.
The Edge (US#2023/0328686) shows methods and apparatus for sidelink positioning of mobile and static devices.
The Edge (US#2025/0358784) shows methods and apparatus for sidelink positioning of mobile and static devices.
12. Applicant's future amendments need to comply with the requirements of MPEP § 714.02, MPEP § 2163.04 and MPEP § 2163.06.
"with respect to newly added or amended claims, applicant should show support in the original disclosure for the new or amended claims." See MPEP § 714.02 and § 2163.06 ("Applicant should * * * specifically point out the support for any amendments made to the disclosure."); and MPEP § 2163.04 ("If applicant amends the claims and points out where and/or how the originally filed disclosure supports the amendment(s), and the examiner finds that the disclosure does not reasonably convey that the inventor had possession of the subject matter of the amendment at the time of the filing of the application, the examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims."). See In re Smith, 458 F.2d 1389, 1395, 173 USPQ 679, 683 (CCPA 1972) In re Wertheim, 541 F.2d at 262,191 USPQ at 96 (emphasis added). "The use of a confusing variety of terms for the same thing should not be permitted.
New claims and amendments to the claims already in the application should be scrutinized not only for new matter but also for new terminology. While an applicant is not limited to the nomenclature used in the application as filed, he or she should make appropriate amendment of the specification whenever this nomenclature is departed from by amendment of the claims so as to have clear support or antecedent basis in the specification for the new terms appearing in the claims. This is necessary in order to insure certainty in construing the claims in the light of the specification." Ex parte Kotler, 1901 C.D. 62, 95 O.G. 2684 (Comm'r Pat. 1901). See 37 CFR 1.75, MPEP § 608.01 (i) and § 1302.01.
Note that examiners should ensure that the terms and phrases used in claims presented late in prosecution of the application (including claims amended via an examiner's amendment) find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description, see 37 CFR 1,75(d)(1 ). If the examiner determines that the claims presented late in prosecution do not comply with 37 CFR 1.75(d)(1), applicant will be required to make appropriate amendment to the description to provide clear support or antecedent basis for the terms appearing in the claims provided no new matter is introduced."
"USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure." In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023,1027-28 (Fed. Cir. 1997). MPEP § 2106. "
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. Phan whose telephone number is (571) 272-3149. The examiner can normally be reached on Mon - Fri from 6:00 to 3:00.
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, Chirag Shah, can be reached on (571) 272-3144. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571) 272-2600.
14. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have any questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at toll free 1-866-217-9197.
Mphan
06/01/2026
/MAN U PHAN/Primary Examiner, Art Unit 2477
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