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 .
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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).
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Claims 1-10, 21-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-8 and 19-26 of copending Application No. 18/520,817 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are broader than the claims in the copending application, as they recite wireless network components instead of user equipment. Note claim 7 includes limitations relating to the RTOA being computed with respect to known locations as claimed in the copending application. (See table below)
Instant application 18/520,862
Application 18/520,817
1. (Currently Amended) A method of operating a position estimation entity, comprising: transmitting at least one request for a first timing calibration procedure associated with a first wireless transmission by a first wireless network component to a first wireless reception reference node and a second wireless reception reference node; wherein the first wireless network component is associated with a first known location, wherein the first wireless reception reference node corresponds to a second wireless network component associated with a second known location, and wherein the second wireless reception reference node corresponds to a third wireless network component associated with a third known location; receiving a first relative time of arrival (RTOA) associated with the first wireless transmission as measured at the first wireless reception reference node; receiving a second RTOA associated with the first wireless transmission as measured at the second wireless reception reference node; determining a first receive time offset with a first non-zero value associated with the first wireless reception reference node based on the first RTOA and a first expected RTOA; determining a second receive time offset with a second non-zero value associated with the second wireless reception reference node based on the second RTOA and a second expected RTOA; determining a timing synchronization correction value between the first wireless reception reference node and the second wireless reception reference node based on the first receive time offset and the second receive time offset; and deriving a time difference of arrival (TDOA)-based position estimate of a target user equipment (UE) based on a TDOA of a positioning reference signal (PRS) between the first wireless reception reference node and the second wireless reception reference node and the timing synchronization correction value.
1. (Currently Amended) A method of operating a position estimation entity, comprising: transmitting a first request for a first timing calibration procedure associated with a first wireless transmission by a first user equipment (UE) to a first wireless reception reference node and a second wireless reception reference node; wherein the first UE is associated with a first known location, wherein the first wireless reception reference node is associated with a second known location, and wherein the second wireless reception reference node is associated with a third known location; receiving a first relative time of arrival (RTOA) associated with the first wireless transmission as measured at the first wireless reception reference node; receiving a second RTOA associated with the first wireless transmission as measured at the second wireless reception reference node; determining a first receive time offset associated with the first wireless reception reference node based on the first RTOA and a first expected RTOA, wherein the first expected RTOA is based on the first known location and the second known location; determining a second receive time offset associated with the second wireless reception reference node based on the second RTOA and a second expected RTOA, wherein the second expected RTOA is based on the first known location and the third known location; determining a timing synchronization correction value between the first wireless reception reference node and the second wireless reception reference node based on the first receive time offset and the second receive time offset; and deriving a time difference of arrival (TDOA)-based position estimate of a target user equipment (UE) based on a TDOA of a positioning reference signal (PRS) between the first wireless reception reference node and the second wireless reception reference node and the timing synchronization correction value.
7. (Original) The method of claim 1 wherein a transmission timing associated with the first wireless transmission is configured based on a distance between the first wireless network component and a respective wireless reception reference node associated with the first timing calibration procedure that is furthest from the first wireless network component, or wherein the first wireless network component, the first wireless reception reference node and the second wireless reception reference node are fixed, or wherein the first expected RTOA is based on the first known location and the second known location, and the second expected RTOA is based on the first known location and the third known location, a combination thereof.
21. (Currently Amended) A position estimation entity, comprising: one or more memories; one or more transceivers; and one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to: transmit, via the one or more transceivers, at least one request for a first timing calibration procedure associated with a first wireless transmission by a first wireless network component to a first wireless reception reference node and a second wireless reception reference node; wherein the first wireless network component is associated with a first known location, wherein the first wireless reception reference node corresponds to a second wireless network component associated with a second known location, and wherein the second wireless reception reference node corresponds to a third wireless network component associated with a third known location; receive, via the one or more transceivers, a first relative time of arrival (RTOA) associated with the first wireless transmission as measured at the first wireless reception reference node; receive, via the one or more transceivers, a second RTOA associated with the first wireless transmission as measured at the second wireless reception reference node; determine a first receive time offset with a first non-zero value associated with the first wireless reception reference node based on the first RTOA and a first expected RTOA; determine a second receive time offset with a second non-zero value associated with the second wireless reception reference node based on the second RTOA and a second expected RTOA; determine a timing synchronization correction value between the first wireless reception reference node and the second wireless reception reference node based on the first receive time offset and the second receive time offset; and derive a time difference of arrival (TDOA)-based position estimate of a target user equipment (UE) based on a TDOA of a positioning reference signal (PRS) between the first wireless reception reference node and the second wireless reception reference node and the timing synchronization correction value.
19. (Currently Amended) A position estimation entity, comprising: one or more memories; one or more transceivers; and one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination, configured to: transmit, via the one or more transceivers, a first request for a first timing calibration procedure associated with a first wireless transmission by a first user equipment (UE) to a first wireless reception reference node and a second wireless reception reference node; wherein the first UE is associated with a first known location, wherein the first wireless reception reference node is associated with a second known location, and wherein the second wireless reception reference node is associated with a third known location; receive, via the one or more transceivers, a first relative time of arrival (RTOA) associated with the first wireless transmission as measured at the first wireless reception reference node; receive, via the one or more transceivers, a second RTOA associated with the first wireless transmission as measured at the second wireless reception reference node; determine a first receive time offset associated with the first wireless reception reference node based on the first RTOA and a first expected RTOA, wherein the first expected RTOA is based on the first known location and the second known location; determine a second receive time offset associated with the second wireless reception reference node based on the second RTOA and a second expected RTOA, wherein the second expected RTOA is based on the first known location and the third known location; determine a timing synchronization correction value between the first wireless reception reference node and the second wireless reception reference node based on the first receive time offset and the second receive time offset; and derive a time difference of arrival (TDOA)-based position estimate of a target user equipment (UE) based on a TDOA of a positioning reference signal (PRS) between the first wireless reception reference node and the second wireless reception reference node and the timing synchronization correction value.
27. (Original) The position estimation entity of claim 21 wherein a transmission timing associated with the first wireless transmission is configured based on a distance between the first wireless network component and a respective wireless reception reference node associated with the first timing calibration procedure that is furthest from the first wireless network component, or wherein the first wireless network component, the first wireless reception reference node and the second wireless reception reference node are fixed, or wherein the first expected RTOA is based on the first known location and the second known location, and the second expected RTOA is based on the first known location and the third known location, a combination thereof.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11-12, 31-32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cheng (2011/0312355).
Regarding claim 11, Cheng discloses a method of operating a first wireless network component (Base station 205), comprising: receiving a request to perform a timing calibration procedure from a position estimation entity(para 34, LMU and SMLC work together to determine a location of a user equipment); and performing a first wireless transmission to a first wireless reception reference node and a second wireless reception reference node in accordance with the request; (para 25-26, use of base station 1 and base station 2-3 as wireless reception nodes) wherein the first wireless network component is associated with a first known location (each base station includes reference signals para 24 which state a known location), wherein the first wireless reception reference node corresponds to a second wireless network component associated with a second known location (each base station 1-3 has a known location and reference signal generated), wherein the second wireless reception reference node corresponds to a third wireless network component associated with a third known location (same as above), and wherein the first wireless transmission is configured as an uplink signal (use of UL-TDOA positioning para 32, use of ULDOA calculations) and that the first wireless network component is a base station (Figure 2, use of LMU and base stations for positioning).
Regarding claim 31, Cheng discloses a first wireless network component (reference UE), comprising: one or more memories; one or more transceivers; and one or more processors communicatively coupled to the one or more memories and the one or more transceivers (Figure 2, use of LMU and base station which inherently have processors, transceivers, and memories. Also see para 39-41), the one or more processors, either alone or in combination, configured to receive a request to perform a timing calibration procedure from a position estimation entity(para 34, LMU and SMLC work together to determine a location of a user equipment); and perform a first wireless transmission to a first wireless reception reference node and a second wireless reception reference node in accordance with the request; (para 25-26, use of base station 1 and base station 2-3 as wireless reception nodes) wherein the first wireless network component is associated with a first known location (each base station includes reference signals para 24 which state a known location), wherein the first wireless reception reference node corresponds to a second wireless network component associated with a second known location (each base station 1-3 has a known location and reference signal generated), wherein the second wireless reception reference node corresponds to a third wireless network component associated with a third known location (same as above), and wherein the first wireless transmission is configured as an uplink signal (use of UL-TDOA positioning para 32, use of ULDOA calculations) and that the first wireless network component is a base station (Figure 2, use of LMU and base stations for positioning).
Regarding claims 12, 32, Cheng discloses the wherein the uplink signal comprises an uplink sounding reference signal for positioning (SRS-P) or a physical uplink shared channel (PUSCH) – para 32 use of SRS signals for positioning reference signals.
Allowable Subject Matter
Claims 13-15, 17-20 and 33-35, 37-40 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bao (11930516) discloses positioning calibration with offsets
Xiao (2022/0353832) discloses reference signal synch and calibration
Cardala-Garcia (EP 3761725) discloses reference signals with synch correction
Ahlander (2014/0254421) disclose reference signals for channel estimation
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.
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WILLIAM GEORGE TROST IV
Primary Patent Examiner
Art Unit 2641
/WILLIAM G TROST IV/Primary Patent Examiner, Art Unit 2641
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