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 .
This office action is in response to the amendment filed on 03/09/2026. Claims 1, 3-7, 11, 20, 28, 31, 34-35, 50, 53 are pending in this application and have been considered below.
Claim Rejections - 35 USC § 112
The rejections to the claims are corrected by the amendment; therefore, the rejections are withdrawn.
Response to Amendment
Applicant's arguments filed 03/09/2026 have been fully considered but they are not persuasive. The examiner thoroughly reviewed Applicant’s arguments but firmly believes that the cited reference reasonably and properly meets the claimed limitation as rejected.
Applicant’s arguments: More specifically, the independent claims define that the UE "is configured with an AD set". The term "configured with" has a well-defined meaning in the technical field to which the present application pertains, namely that a UE is provided with information, for example from the network, which is stored at the UE. Thus, when defining that the UE" is configured with an AD set", this means that the UE obtained a set of assistance data and stores this set. The claim further clarifies that this AD set which is configured to the UE includes at least two AD instances, each applicable to perform positioning measurements at certain locations in the wireless communication network. Thus, the claim calls for a UE to be "configured with" at least two assistance data instances for different positions, i.e. the UE, due to being configured with the AD set, stores at least a first AD instance for a first position and a second AD instance for a second position.
Neither Manolakos nor Gunnarsson teach to configure the UE with different AD instances. Even assuming that Gunnarsson, by means of providing different positioning assistance data for different locations can be considered to provide different assistance data instances, it is to be emphasized that in accordance with the teachings of Gunnarsson there is no configuration of the UE with a set of assistance data including the different instances. To the contrary, as is quite clear from the above-mentioned parts of the specification of Gunnarsson, the UE requests the position-specific assistance data from the location server when it is within a certain cell and, when it moves to a different cell, new assistance data is requested. Thus, Gunnarsson fails to disclose that a UE is to be "configured with an AD set, the AD set including at least two AD instances, each AD instance applicable for the UE to perform the positioning measurements at a certain location in the wireless communication network".
Moreover, in accordance with Gunnarsson, even when considering the positioning assistance data provided by the location server for different locations to be some kind of assistance data instance, in accordance with the teachings of Gunnarsson, the location server provides for each location, i.e., for each cell in which the UE is located, the positioning assistance data. Thus, even when considering Gunnarsson to provide some kind of AD instance, this AD instance is only for a single cell, i.e., Gunnarsson fails to disclose that "a first plurality of cells have the assistance data contained in the first AD instance." Likewise, Gunnarsson provides the assistance data only for the second cell 222a but not for any other cell in this instance, i.e., Gunnarsson also fails to disclose "a second plurality of cells have the associated data contained in the second AD instance".
Further, in accordance with the teachings of Gunnarsson, the UE, when camping on the first cell, only requests the assistance data for this cell and, when camping on the second cell, only requests the assistance data for the second cell. Thus, the positioning assistance data of Gunnarsson, even when considering it to form a kind of AD instance, is only applicable for a single cell but not for a plurality of cells so that Gunnarsson, in the applicant's view, also fails to disclose that "the first AD instance is applicable when the UE is camped within one or more of a first plurality of cells", and that "the second AD instance is applicable when the UE is camped within one or more of the second plurality of cells".
Thus, a combination of Manolakos and Gunnarsson cannot lead the skilled person to the subject-matter as defined in the independent claims, as has been discussed in detail above so that these claims define allowable subject-matter.
The examiner’s response: Applicants are reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claim. The Examiner is not limited to Applicant’s definition, which is not specifically set fourth in the claims. In re Tanaka et al., 193 USPQ 139, (CCPA) 1977. Gunnarsson discloses target device (UE) capable to receive first positioning assistance data related to first logical position and to receive second positioning assistance data related to second logical position ([0073]-[0083]). In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., "configured with" has a well-defined meaning in the technical field to which the present application pertains, namely that a UE is provided with information, for example from the network, which is stored at the UE) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The examiner believes Gunnarsson discloses an AD set of first positioning assistance data and second positioning assistance data and further discloses the claimed “wherein a first plurality of cells have their assistance data contained in the first AD instance, wherein a second plurality of cells have their assistance data contained in the second AD instance, wherein the first AD instance is applicable when the UE is camped within one or more of the first plurality of cells, and wherein the second AD instance is applicable when the UE is camped within one or more of the second plurality of cells” (UE receives first assistance data while in first logical position and UE receives second assistance data while in second logical position [0077]-[0078]).
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.
Claim(s) 1, 3-7, 11, 28, 35, 50, 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos et al. (US 2023/0422202 A1) (Manolakos herein after) in view of Gunnarsson et al. (US 2022/0179097 A1) (Gunnarsson herein after).
Re Claim 1, Manolakos discloses a user device, UE (UE [0009]), of a wireless communication network, comprising:
one or more antennaa or an antenna array having a plurality of antennas (communication links use MIMO antenna, [0050]),
a signal processor (processor [0088]), and
a transceiver (transceiver [0082]),
wherein, for determining a position of the UE in accordance with a positioning procedure, the UE is to perform positioning measurements (UE measures the differences between the times of arrival (ToAs) of reference signals (e.g., positioning reference signals (PRS)) received from pairs of base stations, referred to as reference signal time difference (RSTD) or time difference of arrival (TDOA) measurements, and reports them to a positioning entity [0104]),
wherein the UE is to perform the positioning measurements in accordance with an assistance data, AD, instance applicable for the UE for a current location of the UE in the wireless communication network (UE receives the identifiers (IDs) of a reference base station (e.g., a serving base station) and multiple non-reference base stations in assistance data. The UE then measures the RSTD between the reference base station and each of the non-reference base stations. Based on the known locations of the involved base stations and the RSTD measurements, the positioning entity (e.g., the UE for UE-based positioning or a location server for UE-assisted positioning) can estimate the UE's location [0104]).
Manolakos discloses the claimed invention except wherein the UE is configured with an AD set, the AD set including at least two AD instances, each AD instance applicable for the UE to perform the positioning measurements at a certain location in the wireless communication network, wherein a first plurality of cells have their assistance data contained in the first AD instance, wherein a second plurality of cells have their assistance data contained in the second AD instance, wherein the first AD instance is applicable when the UE is camped within one or more of the first plurality of cells, and wherein the second AD instance is applicable when the UE is camped within one or more of the second plurality of cells.
However, Gunnarsson discloses a method and system for obtaining positioning assistance data from location server wherein the UE is configured with an AD set, the AD set including at least two AD instances, each AD instance applicable for the UE to perform the positioning measurements at a certain location in the wireless communication network (target device 210 obtains positioning assistance data from the location server 230. The positioning assistance data is based on the first logical position information, e.g. based on the first cell 220; target device 210 obtains periodic positioning assistance data associated to the second logical position [0075]-[0080]), wherein a first plurality of cells have their assistance data contained in the first AD instance (target device 210 obtains positioning assistance data from the location server 230. The positioning assistance data is based on the first logical position information, e.g. based on the first cell 220 [0075]), wherein a second plurality of cells have their assistance data contained in the second AD instance (target device 210 obtains periodic positioning assistance data associated to the second logical position [0080]), wherein the first AD instance is applicable when the UE is camped within one or more of the first plurality of cells, and wherein the second AD instance is applicable when the UE is camped within one or more of the second plurality of cells (movement of the target device 210 from the first logical position to the second logical position has been taken into account for updating the positioning assistance data, resulting in an accurate determining of the position of the target device 210 [0081]).
Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Manolakos, by making use of the technique taught by Gunnarsson, in order to improve the location estimation accuracy.
Both references are within the same field of telecommunication, and in particular of positioning measurement, the modification does not change a fundamental operating principle of Manolakos, nor does Manolakos teach away from the modification (Manolakos merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the method and system taught by Gunnarsson is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein the UE is configured with an AD set, the AD set including at least two AD instances, each AD instance applicable for the UE to perform the positioning measurements at a certain location in the wireless communication network, wherein a first plurality of cells have their assistance data contained in the first AD instance, wherein a second plurality of cells have their assistance data contained in the second AD instance, wherein the first AD instance is applicable when the UE is camped within one or more of the first plurality of cells, and wherein the second AD instance is applicable when the UE is camped within one or more of the second plurality of cells.
Re Claim 3, the combined teachings disclose the user device, UE, of claim 1, Gunnarsson discloses wherein, for collecting the AD instances, when moving from a current location to a new location in the wireless communication network and receiving for the new location a new AD instance, the UE is to maintain or store the new AD instance together with one or more existing AD instances applicable for other locations (the second logical position information may relate to a second cell to which the target device 210 has moved. This is to enable the location server 230 to take into account the movement of the target device 210 from the first logical position to the second logical position for updating the positioning assistance data [0103]).
Re Claim 4, the combined teachings disclose the user device, UE, of claim 1, Gunnarsson discloses wherein the UE is to receive the AD set or is to start to collect the AD instances when entering a non-connected state, like an RRC_INACTIVE state or an RRC_IDLE state, or when connecting to the network, e.g., when entering a connected state, like an RRC_CONNECTED state, or when the UE is connected to the network, e.g. when there is a signaling connection according to a certain positioning protocol, like the LTE Positioning Protocol, LPP, between an element of the network, like the LMF, and the UE (Positioning in LTE is supported by the architecture schematically shown in FIG. 1, with direct interactions between a UE and a location server, such as an E-SMLC, is via the LTE Positioning Protocol (LPP). Moreover, there are also interactions between the location server and the eNodeB via the LPPa protocol, to some extent supported by interactions between the eNodeB and the UE via the Radio Resource Control (RRC) protocol [0007]).
Re Claim 5, the combined teachings disclose the user device, UE, of claim 1, Gunnarsson discloses wherein the UE is to acquire the area identifier corresponding to the current location of the UE by one or more of the following: a signaling, like a unicast message, a system information, a measurement the UE performs on certain reference signals (unicast provisioning of positioning assistance data, the location server is made aware of the logical position of the UE [0018]).
Re Claim 6, the combined teachings disclose the user device, UE, of claim 1, Gunnarsson discloses wherein an AD instance is associated with one or more validity states, the one or more validity states comprising one or more of the following: a spatial validity for indicating whether an applicability area with which the AD instance is associated matches a current area or location where the UE is located, and a temporal validity for indication whether a time since providing the AD instance to the UE is within a predefined time period before the AD expires (AMF 250 will indicate to the location server 230, e.g. an LMF, that the target device 210 has changed its position from a first logical position associated to a first radio network node 220 and the associated new second logical position associated to a second radio network node 222. The information may comprise UE identifier, Positioning Session ID, previous serving cell, new Serving cell id etc [0166]).
Re Claim 7, the combined teachings disclose the user device, UE, of claim 6, Gunnarsson discloses wherein the applicability area comprises one or more of the following: RAN notification area and/or a Tracking area, a system information area, a positioning system information area, a cell, a certain portion of a cell, or a certain portion of the RAN notification area or a certain portion of the system information area or a certain portion of the positioning system information area, denoted, e.g., by an area identifier, a combination of portions of one or more cells, which may be denoted by an area identifier, a combination of one or more of the above (logical position information are base station ID, eNB ID, gNB ID, TRP ID, TP ID, RP ID, RRH ID, tracking area code, etc. The updated logical position information relates to updated information of the target device's 210 position [0072]).
Re Claim 11, the combined teachings disclose the user device, UE, of claim 1, Gunnarsson discloses wherein the UE is to select an AD instance from the AD set responsive to a signaling, e.g., by the LMF, of the selection of the AD instance, and/or by associating measurements by the UE and/or a certain part of system information acquired by the UE with an AD instance (AMF 250 will indicate to the location server 230, e.g. an LMF, that the target device 210 has changed its position from a first logical position associated to a first radio network node 220 and the associated new second logical position associated to a second radio network node 222. The information may comprise UE identifier, Positioning Session ID, previous serving cell, new Serving cell id etc [0166]).
Re Claim 28, the combined teachings disclose the user device, UE, of claim 1, Manolakos discloses wherein the AD for the positioning procedure comprises one or more of the following AD parameters: a number of frequency layers, a number of Transmission Reception Points, TRPs, per frequency layer, a number of resource set per TRP, a number of resources per resource set, an area and/or a duration where the AD is to be considered valid, a priority of the order in which reference signal resources for the positioning procedure, like the downlink positioning reference signal, DL-PRS, are to be processed, a delivery or transmit mechanism for the AD (frequency layer [0126]).
Re Claim 35, the combined teachings disclose the user device, UE, of claim 1, Gunnarsson discloses wherein the UE is to receive one or more AD components of the AD or AD instance in accordance with one or more of the following: in a single message or distributed between one or more messages, in a unicast message, in a multicast message, in a groupcast message, in a broadcast message, in a combination of any one of a unicast message and/or a broadcast message and/or a message groupcast and/or a multicast message, and the UE, after receiving the AD components of the Ad, is to combine the received AD components to form the AD or AD instance (unicast provisioning of positioning assistance data, the location server is made aware of the logical position of the UE [0018]).
Re Claims 50 and 53, Manolakos discloses a method for operating a user device, UE, of a wireless communication network, and a non-transitory digital storage medium having a computer program stored thereon to perform (medium [0039]), when said computer program is run by a computer, the method for operating a user device, UE, of a wireless communication network, the method comprising:
performing, by the UE, positioning measurements to be used for determining a position of the UE in accordance with a positioning procedure (UE measures the differences between the times of arrival (ToAs) of reference signals (e.g., positioning reference signals (PRS)) received from pairs of base stations, referred to as reference signal time difference (RSTD) or time difference of arrival (TDOA) measurements, and reports them to a positioning entity [0104]),
wherein the positioning measurements are performed in accordance with an assistance data, AD, instance applicable for the UE at a current location of the UE in the wireless communication network (UE receives the identifiers (IDs) of a reference base station (e.g., a serving base station) and multiple non-reference base stations in assistance data. The UE then measures the RSTD between the reference base station and each of the non-reference base stations. Based on the known locations of the involved base stations and the RSTD measurements, the positioning entity (e.g., the UE for UE-based positioning or a location server for UE-assisted positioning) can estimate the UE's location [0104]).
Manolakos discloses the claimed invention except configuring the UE with an AD set including at least two AD instances, each AD instance applicable for the UE to perform the positioning measurements at a certain location in the wireless communication network, wherein a first plurality of cells have their assistance data contained in the first AD instance, wherein a second plurality of cells have their assistance data contained in the second AD instance, wherein the first AD instance is applicable when the UE is camped within one of the first plurality of cells, and wherein the second AD instance is applicable when the UE is camped within one of the second plurality of cells.
However, Gunnarsson discloses a method and system for configuring the UE with an AD set including at least two AD instances, each AD instance applicable for the UE to perform the positioning measurements at a certain location in the wireless communication network (target device 210 obtains positioning assistance data from the location server 230. The positioning assistance data is based on the first logical position information, e.g. based on the first cell 220; target device 210 obtains periodic positioning assistance data associated to the second logical position [0075]-[0080]), wherein a first plurality of cells have their assistance data contained in the first AD instance (target device 210 obtains positioning assistance data from the location server 230. The positioning assistance data is based on the first logical position information, e.g. based on the first cell 220 [0075]), wherein a second plurality of cells have their assistance data contained in the second AD instance (target device 210 obtains periodic positioning assistance data associated to the second logical position [0080]), wherein the first AD instance is applicable when the UE is camped within one of the first plurality of cells, and wherein the second AD instance is applicable when the UE is camped within one of the second plurality of cells (movement of the target device 210 from the first logical position to the second logical position has been taken into account for updating the positioning assistance data, resulting in an accurate determining of the position of the target device 210 [0081]).
Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of Manolakos, by making use of the technique taught by Gunnarsson, in order to improve the location estimation accuracy.
Both references are within the same field of telecommunication, and in particular of positioning measurement, the modification does not change a fundamental operating principle of Manolakos, nor does Manolakos teach away from the modification (Manolakos merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the method and system taught by Gunnarsson is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of configuring the UE with an AD set including at least two AD instances, each AD instance applicable for the UE to perform the positioning measurements at a certain location in the wireless communication network, wherein a first plurality of cells have their assistance data contained in the first AD instance, wherein a second plurality of cells have their assistance data contained in the second AD instance, wherein the first AD instance is applicable when the UE is camped within one of the first plurality of cells, and wherein the second AD instance is applicable when the UE is camped within one of the second plurality of cells.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos et al. (US 2023/0422202 A1) (Manolakos herein after), Gunnarsson et al. (US 2022/0179097 A1) (Gunnarsson herein after), further in view of Shreevastav et al. (US 2022/0317234 A1) (Shreevastav herein after).
Re Claim 20, the combined teachings disclose the user device, UE, of claim 1, except wherein the UE is to perform the positioning measurements in a connected state, like an RRC_CONNECTED state, and in accordance with the AD instance activated for the current location of the UE in the wireless communication network, and wherein, responsive to changing from the connected state to a non-connected state, like an RRC_INACTIVE state or an RRC_IDLE state, the UE is to continue using the activated AD instance as long as one or more predefined criteria are met.
However, Shreevastav discloses methods and procedures for enhanced on-demand delivery of positioning assistance data wherein network node receives, from the wireless device, a request for the system information data while the wireless device is in RRC Connected mode. Based on the broadcast status, the network node transmits the on-demand delivery of the system information data to the wireless device in RRC Connected mode ([0023]); when the UE in RRC_CONNECTED receive the requested on demand data content, it overrides the existing data content (if present) received previously when in RRC IDLE or RRC INACTIVE ([0190]).
Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of the combined teachings, by making use of the technique taught by Shreevastav, in order to improve the positioning measurement efficiency.
Both references are within the same field of telecommunication, and in particular of positioning measurement, the modification does not change a fundamental operating principle of the combined teachings, nor does the combined teachings teach away from the modification (the combined teachings merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the delivery of assistance positioning data taught by Shreevastav is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein the UE is to perform the positioning measurements in a connected state, like an RRC_CONNECTED state, and in accordance with the AD instance activated for the current location of the UE in the wireless communication network, and wherein, responsive to changing from the connected state to a non-connected state, like an RRC_INACTIVE state or an RRC_IDLE state, the UE is to continue using the activated AD instance as long as one or more predefined criteria are met.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manolakos et al. (US 2023/0422202 A1) (Manolakos herein after), Gunnarsson et al. (US 2022/0179097 A1) (Gunnarsson herein after), further in view of Manolakos et al. (US 2024/0098688 A1) (Mano herein after)
Re Claim 31, the combined teachings disclose the user device, UE, of claim 1, except wherein the AD or the AD instance comprises one or more of the following AD components: an AD component regarding a configuration of DL reference signals, an AD component for selecting a subset of DL-PRS signals for measurements corresponding to one or more positioning methods, an AD component regarding the priority of the order in which the DL-PRS signals are to be measured, an AD component for determining a validity information of the AD, an AD component regarding an applicability of the AD.
However, Mano discloses methods and procedures for positioning assistance data delivery for reduced signaling overhead wherein To address issues including inefficiencies arising from additional AD exchanges when a UE changes cells or group zones in a positioning session, embodiments herein provide for an efficient AD exchange in which AD provided to a UE may include AD not only for a current area (e.g., cell or group zone) in which the UE is located, but also one or more neighboring areas into which the UE may move during the positioning session. When a UE receives this “combined” positioning AD for multiple areas, it may therefore not need to request additional AD one moving from one area to another, which can save time and bandwidth ([0072]).
Therefore, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify method and system of the combined teachings, by making use of the technique taught by Mano, in order to improve the positioning measurement efficiency.
Both references are within the same field of telecommunication, and in particular of positioning measurement, the modification does not change a fundamental operating principle of the combined teachings, nor does the combined teachings teach away from the modification (the combined teachings merely discloses a preferred embodiment). The combination has a reasonable expectation of success in that the modifications can be made using conventional and well known engineering and/or programming techniques, the delivery of assistance positioning data taught by Mano is not altered and continues to perform the same function as separately, and the resultant combination produces the highly predictable result of wherein the AD or the AD instance comprises one or more of the following AD components: an AD component regarding a configuration of DL reference signals, an AD component for selecting a subset of DL-PRS signals for measurements corresponding to one or more positioning methods, an AD component regarding the priority of the order in which the DL-PRS signals are to be measured, an AD component for determining a validity information of the AD, an AD component regarding an applicability of the AD.
Allowable Subject Matter
Claim 34 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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH T LAM whose telephone number is (571)270-1862. The examiner can normally be reached M-F 8:30-5:00 PM.
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/KENNETH T LAM/Primary Examiner, Art Unit 2631