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
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.
Claim(s) 1-4, 10-13 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dwivedi et al. (Dwivedi, US PGPub 2022/0229143) in view of Yang (CA3086702).
Referring to Claim 1, Dwivedi teaches sending, from a terminal device, a first message indicating a capability to support reporting information of line of sight (LOS) or non-line of sight (NLOS) of a path used in positioning measurement ([0027], [0054] and [0092]); and reporting, by the terminal device, at least one positioning measurement result and the information of the LOS or NLOS of the path corresponding to the at least one positioning measurement result; ([0027], [0054] and [0092] and Fig. 10 and associated text), wherein sending, from the terminal device, the first message indicating the capability to support reporting the information of the LOS or NLOS of the path used in the positioning measurement, but does not explicitly disclose nor limit the information comprises at least one of: indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink angle of departure (AoD) positioning; indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink time difference of arrival (TDOA) positioning or indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a new radio (NR) multi-round trip time (RTT) positioning.
However, Yang teaches indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink time difference of arrival (TDOA) positioning; See at least page 12.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dwivedi with the parameters as taught by Yang so as to predictably improve the operability and accuracy of terminal locating.
Referring to Claims 2, 11 and 16, Dwivedi as modified by Yang teaches receiving, at the terminal device, a request for the terminal device to calculate the LOS or NLOS measurement for at least one downlink AOD location measurement; calculating, by the terminal device, the LOS or NLOS measurement for the at least one downlink AoD location measurement; and reporting, by the terminal device, the LOS or NLOS measurement for the calculated at least one downlink AoD location measurement; [0005] and [0087].
Referring to Claims 3, 12 and 17, Dwivedi as modified by Yang teaches receiving, at the terminal device, a request for the terminal device to calculate the LOS or NLOS measurement for at least one downlink TDOA location measurement; calculating, by the terminal device, the LOS or NLOS measurement for the at least one downlink TDOA location measurement; and reporting, by the terminal device, the LOS or NLOS measurement for the calculated at least one downlink TDOA location measurement; [0005] and [0087].
Referring to Claims 4, 13 and 18, Dwivedi as modified by Yang teaches receiving, at the terminal device, a request for the terminal device to calculate the LOS or NLOS measurement for at least one NR multi-RTT location measurement; calculating, by the terminal device, the LOS or NLOS measurement for the at least one NR multi-RTT location measurement; and 46reporting, by the terminal device, the LOS or NLOS measurement for the calculated at least one NR multi-RTT location measurement; [0005] and [0087].
Referring to Claim 9, Dwivedi as modified by Yang teaches wherein a TRP reports the NLOS or LOS measurement for at least one reported positioning measurement result; [0005] and [0087].
Referring to Claim 10, Dwivedi teaches a memory (Fig. 7 #705; [0028]); and a processor (Fig. 7 #703; [0028]) coupled to the memory and configured to perform a process comprising: sending, from a terminal device, a first message indicating a capability to support reporting information of line of sight (LOS) or non-line of sight (NLOS) of a path used in positioning measurement; and reporting, by the terminal device, at least one positioning measurement result and the information of the LOS or NLOS of the path corresponding to the at least one positioning measurement result, wherein sending, from the terminal device, the first message indicating the capability to support reporting the information of the LOS or NLOS of the path used in the positioning measurement; See citations of Claim 1 above, but does not explicitly disclose nor limit the information comprises at least one of: indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink angle of departure (AoD) positioning; indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink time difference of arrival (TDOA) positioning or indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a new radio (NR) multi-round trip time (RTT) positioning.
However, Yang teaches indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink time difference of arrival (TDOA) positioning; See at least page 12.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dwivedi with the parameters as taught by Yang so as to predictably improve the operability and accuracy of terminal locating.
Referring to Claim 15, Dwivedi teaches a terminal device configured to perform a process comprising: sending, from the terminal device, a first message indicating a capability to support reporting information of line of sight (LOS) or non-line of sight (NLOS) of a path used in positioning measurement; and reporting, by the terminal device, at least one positioning measurement result and the information of the LOS or NLOS of the path corresponding to the at least one positioning measurement result, wherein sending, from the terminal device, the first message indicating the capability to support reporting the information of the LOS or NLOS of the path used in the positioning measurement; See citations of Claim 1 above, but does not explicitly disclose nor limit the information comprises at least one of: indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink angle of departure (AoD) positioning; indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink time difference of arrival (TDOA) positioning or indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a new radio (NR) multi-round trip time (RTT) positioning.
However, Yang teaches indicating, by the terminal device through a parameter in a capability report, a capability of the terminal device to support reporting information of an LOS or NLOS measurement for a downlink time difference of arrival (TDOA) positioning; See at least page 12.
Claim(s) 5-9, 14, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dwivedi as modified by Yang in view of Xiao et al. (Xiao, US PGPub 2015/0219750).
Referring to Claims 5, 14 and 19, Dwivedi teaches sending a message, but does not explicitly disclose nor limit sending, from the terminal device, a second message indicating a capability to support measuring and reporting positioning measurements with a given number of measurement samples.
However, Xiao teaches sending multiple messages indicating terminal device capabilities, and would be capable of sending, from the terminal device, a second message indicating a capability to support measuring and reporting positioning measurements with a given number of measurement samples; see Fig. 6 and associated text.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Dwivedi as modified by Yang with the capability messaging as taught by Xiao as the capability messaging aids in improving the positioning accuracy.
Referring to Claim 6, Dwivedi as modified by Yang and Xiao teach wherein the positioning measurements include at least a downlink reference signal time difference (RSTD) measurement, a positioning reference signal (PRS) reference signal received power (RSRP) measurement, or an Rx-Tx time difference measurement; See Fig. 6 of Xiao.
Referring to Claims 7 and 20, Dwivedi as modified by Yang and Xiao teach receiving, by the terminal device, a third message that the terminal device has a capability to measure a PRS resource without measurement gap; Fig. 6 and [0187] of Xiao.
Referring to Claim 8, Dwivedi as modified by Yang and Xiao teach wherein a positioning transmission-reception point (TRP) receives a request to report an NLOS or LOS measurement for the positioning measurement; see disclosure of Xiao and text related to Fig. 6, 13 and 14.
Referring to Claim 9, Dwivedi as modified by Yang and Xiao teach wherein a TRP reports the NLOS or LOS measurement for the at least one reported positioning measurement result; see disclosure of Xiao and text related to Fig. 6, 13 and 14.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 WHITNEY T MOORE whose telephone number is (571)270-3338. The examiner can normally be reached Monday-Friday from 7am-4pm.
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, Jack Keith can be reached at (571) 272-6878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WHITNEY MOORE/Primary Examiner, Art Unit 3646